Guam Administrative Code

§16211. Authority to Contract for Certain Services and Approval of Contracts (§6954.7 of the Guam Procurement Act). (a) General Authority. For the purpose of procuring the services of accountants, physicians, lawyers, dentists and other professionals, the Hospital Administrator m…

§16212. Duties of the Hospital Legal Counsel. The Hospital Legal Counsel, in conjunction with the Attorney General or the designated Assistant, shall serve as legal counsel and provide necessary legal services to the Procurement Policy Committee of the Board of Trustees of Guam M…

§16301. Definitions. (a) Capability, as used in §16106(aa) (Definitions, Responsible Bidder or Offeror) of these Regulations, means capability at the time of the contract. (b) Cost Analysis is the evaluation of cost data for the purpose of arriving at costs actually incurred or e…

§16302. General Provisions. (a) Extension of Time for Bid or Proposal Acceptance. After opening bids or proposals, the Hospital Administrator may request bidders or offerors to extend the time during which the hospital may accept their bids or proposals, provided that, with regar…

§16303. Relations Between Agencies. (a) Purchase Requisitions by Agencies. (1) Authority to Reject. When the Hospital Administrator or his designee, after consultation with the requesting department, decides that processing the purchase requisition is clearly not in the best inte…

§16304. Unsolicited Offers. (a) Unsolicited Offers Provision. (1) Defined. An unsolicited offer is any offer other than one submitted in response to a solicitation. ART. 3 - SOURCE SELECTION & CONTRACT FORMATION - 1997 - P. 4 (2) Processing of Unsolicited Offers. The Hospital Adm…

§16305. Novation or Change of Name. (a) Novation or Change of Name Provision. (1) No Assignment. No hospital contract is transferable, or otherwise assignable, without the written consent of the Hospital Administrator and the Board of Trustees provided, however, that a contractor…

§16306. Contracting for Installment Purchase Payments. (a) Contracting for Installment Purchase Payments Including Interest. Supply contracts may provide for installment purchase payments, including interest charges, over a period of time. Installment payments, however, should be…

§16307. Purchase of Items Separately From Construction Contract Provision. The Hospital Administrator is authorized to determine whether a supply item or group of supply items shall be included as a part of, or procured separately from, any contract for construction. ART. 3 - SOU…

§16308. Methods of Source Selection. Unless otherwise authorized by law, all hospital contracts shall be by competitive sealed bidding, pursuant to §16309 (Competitive Sealed Bidding) of these Regulations, except as provided in: (1) Section 16310 (Procurement from Non Profit Corp…

§16309. Competitive Sealed Bidding. (a) Application. The provisions of this section apply to every procurement made by competitive sealed bidding, including multi-step bidding. (b) Use of Competitive Sealed Bidding. Competitive sealed bidding is the preferred method for the procu…

§16310. Procurement from Nonprofit Corporations. A contract may be awarded for a supply or service without competition when the contractor is a nonprofit corporation employing sheltered or handicapped workers. As a condition of the award of the contract the contractor must certif…

§16311. Small Purchases. (1) Application. In accordance with 5 GCA §5213 (Small Purchases) of the Guam Procurement Act, this section is established for procurement of less than five thousand dollars ($5,000) for supplies or services and less than fifteen thousand dollars ($15,000…

§16312 (Sole Source Procurement) of these regulations shall be used even if the procurement is a small purchase as specified in Subsection (b) of this section. (5) Division of Requirements. Procurement requirements shall not be artificially divided to avoid using the other source…

§16313. Emergency Procurement. Notwithstanding any other provision of this Chapter, the Hospital Administrator or a designee of such officer may make or authorize others to make emergency procurement when there exists a threat to public health, welfare, or safety under emergency …

§16314 Competitive Selection Procedures for Services Specified in §16212 (Authority to Contract for Certain Services and Approval of Contracts) of these Regulations. (a) Application. The provisions of this section apply to every procurement of the services of accountants, physici…

§16315. Purchase of Drugs by Generic Names. As used in §16315(a) through §16315(b) of this section, generic drug means the chemical or generic name, as determined by the United States Adopted Names (USAN) and accepted by the Federal Food & Drug Administration (FDA), of those drug…

§16316. Cancellation of Invitations for Bids or Requests for Proposals. (a) Scope of This Section. The provisions of this section shall govern the cancellation of any solicitations whether issued by the hospital under competitive sealed bidding, small purchases, or any other sele…

§16317. Responsibility of Bidders and Offerors. (1) Determination of Non-responsibility. A written determination of non-responsibility of a bidder or offeror shall be made in accordance with this section. The unreasonable failure of a bidder or offeror to promptly supply informat…

§16318. Prequalification of Suppliers. Prospective suppliers may be prequalified for particular types of supplies, services, and construction. Solicitation mailing lists of potential contractors shall include, but shall not be limited to, such prequalified suppliers. (a) Prequali…

§16319. Cost or Pricing Data. (a) Scope of regulation on Cost or Pricing Data. This section sets forth the pricing policies which are applicable to contracts of any type and any price adjustments thereunder when cost or pricing data are required to be submitted. The provisions of…

§16320. Types of Contracts. (a) Scope of Section. This section contains descriptions of types of contracts and limitations as to when they should be utilized by the hospital in its procurement. (b) Prohibition of contracting. Any contract in violation of §16322(a) through §16325(…

§16321. Approval of Accounting Systems. Title 10 Guam Code Annotated §5236 (Approval of Accounting System) of the ART. 3 - SOURCE SELECTION & CONTRACT FORMATION - 1997 - P. 53 Guam Procurement Act is quoted in §16322 (Types of Contracts) and implementation of that statutory provi…

§16322. Multi-Term Contracts. (a) General. A multi-term contract is appropriate when it is in the best interest of the hospital to obtain uninterrupted services extending over more than one fiscal period, where the performance of such services involves high start-up costs, or whe…

§16323. Multiple Source Contracting. (a) Incremental Award. (1) General. An incremental award is an award of portions of a definite quantity requirement to more than one contractor. Each portion is for a definite quantity and the sum of the portions is the total definite quantity…

§16324 (Multi-Term Contracts) applies only to contracts for supplies or services described in §16324(a) and does not apply to any other contracting including, but not limited to contracts for construction and leases (including leases of real property). (d) Conditions for Use of M…

§16325. Right to Audit Records

§16326. Finality of Determinations

§16327. Reporting of Anti-competitive Practices. When for any reason collusion or other anti-competitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General and the Territorial Prosecutor. (See §5246 o…

§16328. Retention of Procurement Records. All procurement records shall be retained and disposed of in accordance with the records retention guidelines and schedules approved by the Attorney General. All retained documents shall be made available to the Attorney General or a desi…

§16329. Record of Procurement Actions Taken Under §2312 (Sole Source Procurement) and §2313 (Emergency Procurement) (5 GCA §5248)

§16330. Record of Procurement Actions. The Hospital Administrator shall maintain a complete record of each procurement. The record shall include the following: (1) the date, time, subject matter and names of participants at any meeting including government employees that are in a…

§16331. Certification of Record. No procurement award shall be made unless the Hospital Administrator certifies in writing under penalty of perjury that he has maintained the record required by §16332 of this Article and that it is complete and available for public inspection. Th…

§16332. Public Record. The record required by §16332 (Record of Procurement Actions) of this Chapter is a public record and, subject to rules promulgated by the Procurement Appeals Board, any person may inspect and copy any portion of the record.

§16333. Rules for Procurement Records. The rules promulgated pursuant to §16334 (Public Record) of this article shall: (1) protect the integrity of the bidding process; (2) protect the confidentiality of trade secrets; (3) establish reasonable charges for copying papers; (4) prov…

§16507 (Architect-Engineer and Land Surveying Services) of these Regulations. (2) Examination for Qualifications and Negotiations. Before contacting any person to perform the required services, the Hospital Administrator shall examine any current statements of qualifications on f…

§19543.1016 as added by Section 26 of the Guam Procurement Act was increased because of the defective data. Judgmental errors made in good faith concerning the estimated portions of future costs or projections do not constitute defective data. It is presumed that overstated cost …

§21602. General Provisions

§21603. Relations Between Agencies

§21604. Unsolicited Offers

§2325. Right to Audit Records. (a) Audit of Cost or Pricing Data. The hospital may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data pursuant to 5 GCA §5232 (Cost or Pricing Data) of the Guam Procurement Act, to the …

§2326. Finality of Determinations. The determinations required by 5 GCA §5211(f) (Competitive Sealed Bidding, Correction or Withdrawal of Bids; Cancellation of Awards), §5214 (Sole Source Procurement), §5215 (Emergency Procurement), §5216(e) (Competitive Selection Procedures for …

§5241 (Right to Audit Records) of the Guam Procurement Act, which is quoted in §16327 (Audits); or (3) investigate in connection with an action to debar or suspend a person from consideration for award of contracts pursuant to §16902 (Authority to Debar or Suspend) of these Regul…

§5250 (Emergency Procurement) of the Guam Procurement Act, a record listing all contracts made under sole source procurement shall be maintained for a period of five (5) years. The record shall contain: (1) each contractor's name; (2) the amount and type of each contract; (3) a l…

§16311 (Small Purchases), it shall be used except as otherwise provided by the Hospital Administrator. If no such specification exists, purchasing and using ART. 4 - SPECIFICATIONS - 1997 - P. 3 departments are hereby granted the authority to prepare specifications for use in suc…

§16401. Definitions. (a) Brand Name Specification means a specification limited to one or more items by manufacturers' names or catalogue numbers. (b) Brand Name or Equal Specification means a specification which uses one or more manufacturer's name or catalogue numbers to descri…

§16402. Regulation. This Chapter sets forth regulations governing the preparation, maintenance, and content of specifications for suppliers, services, and ART. 4 - SPECIFICATIONS - 1997 - P. 1 construction required by the hospital, pursuant to 5 GCA

§16403. Preparation of Specifications. The Hospital Administrator shall prepare, issue, revise, maintain, and monitor the use of specifications for supplies, services, and construction required by the hospital, in accordance with 5 GCA §5262 of the Guam Procurement Act. (a) Autho…

§16404. Exempted Items. Specifications for supplies, services, or construction items procured under 5 GCA

§16405. Relationship with Using Departments. The Hospital Administrator shall obtain expert advice and assistance from personnel of using departments in the development of specifications and may delegate in writing to a using department the authority to prepare and utilize its ow…