Guam Administrative Code

§15205. Abatement Under Special Circumstances. (a) Any person who does or does not qualify under these procedures and who feels that he had special circumstances may request an appeal for relief as follows: (1) He shall present his case, in writing, to the Business Office Manager…

§15206. Repeal. All prior rules, policies and procedures are superseded by the approval and acceptance of these procedures by the Guam Memorial Hospital Board of Trustees. (Accepted and approved March 16, 1971.)

§15207. Abatement Schedule. The abatements and discounts from the established fee schedule of the Guam Memorial Hospital have been incorporated herein by reference. The above mentioned abatement schedule is available from the Guam Memorial Hospital. Ch. 15 - Board of Trustees Art…

§15401. Purpose and Authority. The guidelines in this document are set forth for the purpose of implementing P.L. 15-132, which confers responsibilities upon the Guam Memorial Hospital Authority (GMHA) to provide assistance to End-Stage Renal Disease (ESRD) or Hemodialysis Patien…

§15402. Program Duration. This program shall commence on the first (1st) day of Fiscal Year 1981, and shall continue to exist until such time that the One Hundred Thousand Dollars ($100,000.00) appropriated under P.L. 15-132 has been expended, or shall continue subject to, and co…

§15403. Establishment of Program Funds. A special fund shall be created within the GMHA for the sole purpose of reimbursing ESRD patients for out-of-pocket expenses incurred for ESRD related Health Services. ART. 4 - ASSISTANCE PROGRAM GUIDELINES - 1997 - P. 7 GMHA shall be respo…

§15404. Definition of Terms. (a) ESRD means-- irreversible renal failure. (b) Patient means any patient with ESRD that has been admitted into Guam Memorial Hospital's Hemodialysis Program by the ESRD Program's Medical Director, but excludes vacationers, tourists and transients. (…

§15405. Eligibility. All patients admitted into the Guam Memorial Hospital Authority's ESRD Program by ART. 4 - ASSISTANCE PROGRAM GUIDELINES - 1997 - P. 8 Div. 2 - Guam Memorial Hospital the ESRD Medical Director, but excludes vacationers, tourists and transients.…

§15406. Requirements for Assistance. (a) Each ESRD Patient must have on file the following documents: (1) Each ESRD Patient must provide documentation of Net Income. Net Income is determined by deducting from the gross income payments such as income taxes, social security, alimon…

§15407. Scope. These guidelines shall govern determinations for eligibility for participation under this Patient Assistance Program for ESRD related Health Services as promulgated by P.L. 15-132. Out-of-pocket cost reimbursements shall be provided in, but not limited to, the foll…

§16101. Purpose. The purpose of the Guam Memorial Hospital Authority Procurement Regulations, hereinafter referred to as the Regulations, is to provide standard policies and procedures governing the procurement, management, control, and disposal of supplies, services, and constru…

§16102. Policy. It is the policy of the Guam Memorial Hospital Authority to promote economy, efficiency, and effectiveness in the procurement of supplies, services and construction by: (1) continuously developing sound procurement policies and practices; ART. 1 - GENERAL PROVISIO…

§16103. Advance Payments Prohibited

§16104. Local Procurement Preference

§16105. Requirement of Good Faith

§16106. Definitions.

§2103. Advance Payments Prohibited. No procurement shall be made which shall require advance payment unless authorized by law.

§2104. Local Procurement Preference. All procurement of supplies and services shall be made from among businesses licensed to do business on Guam and that maintain an office or other facility on Guam, whenever a business that is willing to be a contractor is: (1) a licensed bona …

§2105. Requirement of Good Faith. These Regulations require all parties involved in the negotiation, performance, or administration of hospital contracts to act in good faith.

§2106. Definitions. Terms used in these Regulations have the following meaning ascribed to them unless the context in which they are used requires a different meaning, or unless a different definition is prescribed for a particular chapter in the Regulations. (a) Business means a…

§161001. Compliance with Federal Requirements. (a) Federal Funds. Where a procurement involves the expenditure of federal assistance or contract funds, or other federal funds as defined by §20 of the Organic Act of Guam, all persons within the Government of Guam shall comply with…

§161101. Definitions. (a) Bona Fide Employee means employed by a prospective contractor and subject to the prospective contractor's supervision and control as to the time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or …

§161102. Standards of Conduct. This Regulation prescribes the standards of conduct for government employees in general, and establishes specific standards of conduct for non-government employees. Regulations governing standards of conduct for government employees are made a part …

§161103. General Standards of Ethical Conduct. Any effort to influence any hospital employee to breach the standards of ethical conduct set forth in this section and

§161104. Criminal Sanctions. To the extent that violations of the ethical standards of conduct set forth in this Chapter constitute violations of Title 9 GCA (Crimes and Corrections), they shall be punishable as provided therein. Such sanctions shall be in addition to the civil r…

§161105. Conflict of Interest. (a) Employee Conflict of Interest. (1) Conflict of Interest. It shall be a breach of ethical standards for any employee to participate directly or indirectly in a procurement when employee knows that: (A) the employee or any member of the employee's…

§161106. Disclosure of Benefit from Contract

§161107. Gratuities and Kickbacks and Favors. (1) Gratuities. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from anot…

§161108. Contingent Fees. (a) Prohibition Against Contingent Fees. (1) Contingent Fees. It shall be a breach of ethical standards for a person to be retained, or to retain a ART. 11 - ETHICS IN PUBLIC CONTRACTING - 1997 - P. 10 person, to solicit or secure a hospital contract upo…

§161109. Employment Prohibitions and Restrictions. (a) Restrictions on Employment of Present and Former Employees. (1) Restrictions on Former Employees in Matters Connected with Their Former Duties. (A) Permanent Disqualification of Former Employee Personally Involved in a Partic…

§161110. Use of Confidential Information. It shall be a breach of ethical standards for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person (quoted fr…

§161111. Civil and Administrative Remedies Against Employees who Breach Ethical Standards. [Reserved]

§161112. Civil and Administrative Remedies Against Non-Employees who Breach Ethical Standards. (a) Existing Remedies Not Impaired. Civil and administrative remedies against non-employees which are in existence on the effective date of these Regulations shall not be impaired. (b) …

§161113. Recovery of Value Transferred or Received in Breach of Ethical Standards. (a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this Chapter or regulations promulgated hereunder by an employee or non-employee may be r…

§161114 is quoted from §§5675, 5676, and 5677 of the Guam Procurement Act. APPENDIX Regulations Governing Government of Guam Ethnics in Public Contracting as Promulgated By the Civil Service Commission Resolution CSC-002-84 BE IT RESOLVED BY THE CIVIL SERVICE COMMISSION: WHEREAS,…

§16909 of these Regulations). (C) An appeal from the decision of the Civil Service Commission under §5650 of this Chapter (coded as §16111 of these Regulations) shall be taken before members, either permanent or pro tempore, who had no part in the decision appealed from in accord…

§21106. Disclosure of Benefit from Contract. (a) Employee Disclosure Requirements [Reserved] (1) Definitional Cross-Reference. The term Financial Interest is defined in §16106(nn) (Definitions) of the Guam Procurement Regulations. (2) Benefit Defined. [Reserved] (3) Disclosure Re…

§5628 of the Guam Procurement Act, and grant permission to proceed with the transaction to such extent and upon such terms and conditions as may be specified. Such waiver and permission may be granted when the interests of the Territory so require or when the ethical conflict is …

§5629 (Employee Conflict of Interest) of the Guam Procurement Act. ART. 11 - ETHICS IN PUBLIC CONTRACTING - 1997 - P. 30 REGULATION 11-4.5. GRATUITIES AND KICKBACKS. 1. Gratuities. It shall be a breach of ethical standards for any employee to solicit, demand, accept or agree to a…

§5633 of the Guam Procurement Act).

§16201. Creation and Membership of the Procurement Policy Office. The Procurement Policy Office shall consist of the Guam Memorial Hospital Authority Board of Trustees Operations Committee and the Chairman of the Committee shall serve as the chairperson. None of the three members…

§16202. Duties and Responsibilities. (a) Advise the Board of Trustees on Procurement matters warranting their attention in accordance with the established GMHA Procurement Regulations and 5 GCA Chapter 5 to obtain necessary Board Resolutions sanctioning procurement endeavors of t…

§16203. Authority and Responsibility of the GMHA Procurement Department. The centralized procurement of the GMHA is placed within the Procurement Department of the Administrative Division of the hospital. The Procurement Department shall be responsible for administering all activ…

§16204. Authority of the GMHA Board of Trustees. (a) Principal contracting officers of the GMHA. The Hospital Administrator of the Guam Memorial Hospital Authority shall serve as the Procurement Officer of the hospital with respect to supplies, services and construction. (b) Powe…

§16205 Delegation of Authority by the Guam Memorial Hospital Authority Hospital Administrator

§16206. Delegation of Authority by the Guam Memorial Hospital Authority Hospital Administrator. (a) Application. The Guam Memorial Hospital Authority Hospital Administrator may delegate authority to designees or to any governmental body or official. (b) Decision to Delegate. The …

§16207. Exceptions to Delegation. The authority conferred on the Hospital Administrator in the following sections of the GMHA Procurement Regulations shall not be delegated: (a) Section 16504 (Contract Performance and Payment Bonds, Reduction of Bond Amounts); (b) Section 16506 (…

§16208. Limitations on Delegation. (a) Under 16309(n) (Competitive Sealed Bidding, Award) of the GMHA Procurement Regulations, the Hospital Administrator may delegate the authority to negotiate an adjustment of the bid price for a construction project, provided that no contract m…

§16209. Revolving Fund. The Inventory Revolving Fund is created and shall be maintained separate and apart from other hospital funds. The Hospital Administrator shall be the certifying officer of the Inventory Revolving Fund. The Fund shall be used for the purchase and replenishm…

§16210. Coordination, Training and Education: Collection of Data Concerning Public Procurement. The Hospital Administrator shall cooperate with the Bureau of Budget and Management Research and the Territorial Auditor, or any successor agency, in the preparation of statistical dat…