Guam Administrative Code

§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…

§16406. Maximum Practicable Competition. All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying the hospital's needs, and shall not be unduly restrictive (5 GCA §5115 of the Guam Procurement Act). (a) Non-restric…

§16407. Specifications Prepared by Architects and Engineers. The requirement of this Chapter regarding the purposes and Non-restrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers, and …

§16408. Publication of Source of Specifications. The specifications contained in any Invitation for Bids or Request for Proposals, and any amendment thereto, for the procurement of supplies shall identify the person responsible for drafting the specifications and any persons, tec…

§16409. Salient Features. (a) Specifications shall not include requirements, such as but not limited to restrictive dimensions, weights or materials, which unnecessarily restrict competition, and shall include only the essential physical characteristics and functions required to …

§5121 (Authority to Contract for Certain Services), or exempted pursuant to 5 GCA §5124 (Exemptions) of the Guam Procurement Act, may be prepared by the hospital in accordance with the provisions of this Chapter and regulations promulgated hereunder. (a) Authority to Prepare Spec…

§5261 of the Guam Procurement Act. (a) General Purposes and Policies. (1) Purpose. The purpose of a specification is to serve as a basis for obtaining a supply, service, or construction item adequate and suitable for the hospital's needs in a cost effective manner, taking into ac…

§5302 (Responsibility for Selection of Methods of Construction Contracting Management) of the Guam Procurement Act that the appropriate method of construction contracting management involves allowing specifications to be prepared by other than hospital personnel, a contract may b…

§16501. [Reserved]

§16502. Responsibility for Selection of Methods of Construction Contracting Management. (a) Application of Regulation and General Policy. (1) Application. This section contains provisions applicable to the selection of the appropriate method of management for construction contrac…

§16503. Bid Security (Requirements). (a) Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the Hospital Administrator to exceed twenty-five thousand dollars ($25,000). Bid secu…

§16504. Contract Performance and Payment Bonds. (a) Performance Bonds. (1) General. A performance bond satisfactory to the hospital executed by a surety company authorized to do business in this territory or otherwise secured in a manner satisfactory to the hospital is required f…

§16505. Bond Forms and Copies. (a) Forms. (1) Bid Bond. The required bid bond shall be in substantially the following form: BID BOND BOND NO. ______ KNOWN ALL MEN BY THESE PRESENTS, that we, _____________, as principal, hereinafter called the Principal, and Bonding Company, a cor…

§16506. Contract Clauses and Their Administration. (a) Introduction. The contract clauses presented in this section are promulgated for use in construction contracts in accordance with 5 GCA §5306 (Contract Clauses and Their Administration) of the Guam Procurement Act. Alternativ…

§16507. Architect-Engineer Services and Land Surveying Services. (a) Application. The provisions of these Regulations apply to every procurement of services within the scope of the practice of architecture, professional engineering, or land surveying as defined by the laws of thi…

§162319 (Cost or Pricing Data) of the GMHA Procurement Regulations bearing on such claim. If the contractor fails to file a termination claim within one (1) year from the effective date of termination, the Hospital Administrator may pay the contractor, if at all, an amount set in…

§16601. Contract Clauses and their Administration. (a) Introduction. The following contract clauses are available for use in supply and service contracts at the discretion of the Hospital Administrator, or the designee of either officer, in accordance with 5 GCA §5350 (Contract C…

§2076. Seller's Resale Including Contract for Resale. 1. Under the conditions stated in §2703 on seller's remedies, the seller may resell the goods concerned or the undelivered balance thereof. Where the resale is made in good faith and in a commercially reasonable manner the sel…

§16701. Cost Principles. (a) Definitions. (1) Actual Costs are all direct and indirect costs which have been incurred for services rendered, supplies delivered, or construction built, as distinguished from allowable costs only. (2) Cost Objectives is any unit of work such as a fu…

§16801. Definition. (a) Supplies , for purposes of this article, means tangible personal property owned by the hospital.

§16802. Supply Management and Disposition. (a) General. Objectives of the hospital's supply management program include preventing waste; continuing utilization of supplies; and obtaining a fair return of value upon disposal of supplies. In order to achieve these objectives, sound…

§16803. Allocations of Proceeds from Sale or Disposal of Surplus Supplies. (a) Disposition of Proceeds . Net proceeds from the disposition of excess or surplus supplies shall be credited to the General Fund, unless otherwise provided by law.

§16804. Borrowing of Medical Supplies, Pharmaceutical and/or Hospital Equipment. (a) The Supply Management Administrator is charged with the responsibility and authority to negotiate borrowing transactions for the hospital during normal working hours. On weekends, after hours and…

§16901. Protest Resolution by the Hospital Administrator or the Associate Administrator. (a) Authority to Resolve Protested Solicitations and Awards. (1) Definitions. (A) Interested Party means an actual or prospective bidder, offeror, or contractor that may be aggrieved by the s…

§16902. Debarment or Suspension by the Hospital Administrator or the Associate Administrator. (a) Authority to Debar or Suspend. (1) Application. This Subsection applies to all debarment or suspensions of persons from consideration for award of contract imposed by the Hospital Ad…

§16903. Regulations Governing the Settlement and Resolution of Contract and Breach of Contract Controversies. (a) Authority to Resolve Contract and Breach of Contract Controversies. (1) General. The Guam Procurement Act establishes procedures and remedies to resolve contract and …

§16904. Determination that Solicitation or Award Violates Law. (a) Applicability of this Part. The provisions of this Part apply where it is determined administratively, or upon administrative or judicial review, that a solicitation or award of a contract is in violation of law (…

§16905. Violations of Law Found Prior to Award. (a) Remedies Prior to an Award. If prior to award it is determined that a solicitation or proposed award of a contract is in violation of the law, then the solicitation or proposed award shall be: (i) cancelled; or (ii) revised to c…

§16906. Ratification, Termination, or Cancellation of Contract to Comply with the Law. (a) Remedies After an Award. If after an award it is determined that a solicitation or award of a contract is in violation of law, then: (i) if the person awarded the contract has not acted fra…

§16907. Interest. Interest on amounts ultimately determined to be due to a contractor or the hospital shall be payable at the statutory rate applicable to judgements from the date the claim arose through the date of decision or judgment, whichever is later (§5475 of the Guam Proc…

§16908. Wavier of Sovereign Immunity. (a) Wavier of Sovereign Immunity in Connection with Contracts (§5480 of the Guam Procurement Act). (1) Solicitation and Award of Contracts. Solicitation and Award of Contracts. The Superior Court of Guam shall have jurisdiction over an action…

§16909. Time Limitations on Actions (§5481 of the Guam Procurement Act.) (1) Protested Solicitations and Awards. Any action under §16908(1), (Waiver of Sovereign Immunity in Connection with Contracts, Solicitation and Award of Contracts) of these Regulations shall be initiated as…

§6975.1 (Authority to Debar or Suspend) of the Guam Procurement Act, a contractor or prospective contractor shall be suspended. A notice of suspension, including a copy of such determination, shall be sent to the suspended contractor or prospective contractor. Such notice shall s…

§17101. Credit and Collection Section. (a) Purpose. The Credit and Collections Section acts as the Hospital's financial arm in dealing with patients and/or their families and/or guarantors in securing payment of account balances and evaluating their ability to pay. (b) Responsibi…

§17102. Purpose. To assure that effective policies and basic procedures are consistently followed during the registration, billing and collection of patient revenues, the following policy and procedure statements are established to provide clear policy direction to those responsi…

§17103. Policy. Guam Memorial Hospital Authority is a community characterized by mutual respect, common goals and shared responsibilities. The Hospital believes that the concept of shared responsibility extends to each patient an obligation to take care of his/her hospital bill t…

§17104. Procedures. (a) Billing and Collection Basic Procedures. (1) All patients, regardless of health insurance coverage or other considerations, shall be charged for services received on the basis of the Hospital's fee schedule. Fees for professional services will be determine…

§2101. Forms of Certificates. All forms, certificates and reports used in the registration of vital events are the property of the Office of Vital Statistics and shall be surrendered to the Territorial Registrar or his representative upon demand. No forms shall be used in the rep…

§2102. Preparation of Certificates. All certificates of birth, death and fetal death and marriage certificates shall be prepared on a typewriter with a black ribbon, or shall be entered in dark, unfading ink. Unless otherwise directed by the Territorial Registrar, no certificate …

§2103. Cancellation of Fraudulent Records. When the Territorial Registrar of Vital Statistics shall be satisfied that a certificate was registered through fraud or misrepresentation, he shall give to the person named in the certificate a notice in writing of his intention to canc…

§2104. Birth Registration. The birth of each and every child born in Guam shall be registered within ten (10) days after birth by the attending physician. If there is no attending physician or midwife, then it shall be the duty of CH. 2 - VITAL STATISTICS - 1997 - P. 3 the father…

§2105. Foundling Registration - Infants of Unknown Parentage. The birth of an infant of unknown parentage shall be registered on the certificate of live birth and shall: (a) Have "foundling registration" clearly marked on the top margin of the certificate; (b) Show the required f…

§2106. Delayed Registration: Birth. Any person born in Guam whose birth is not recorded at the time of birth may apply for a certificate of delayed birth registration with the Territorial Registrar of Vital Statistics, or his parents, guardian next of kin, or other older person a…

§2106.1. Same: Same: Facts To Be Established For a Delayed Registration. The minimum facts which must be established by documentary evidence shall be the following: (a) The full name of the person at the time of birth, except that the delayed certificate may reflect a name establ…

§2107. Same: Death . When a death on Guam has not been registered, a certificate may be filed with the Territorial Registrar of Vital Statistics on the standard certificate of death form in the manner prescribed below: CH. 2 - VITAL STATISTICS - 1997 - P. 6 (a) All certificates r…

§2108. Same: Marriage. When a marriage in Guam has not been registered, a certificate may be filed with the Office of Vital Statistics. To be acceptable for registration by the Territorial Registrar of Vital Statistics, the delayed certificate of marriage must be supported by: (a…