Guam Administrative Code

§ 2105. Installation of Water and Sewer Service Connections. (a) Water Installation. When the application for a service connection has been approved, such connection will be installed by GWA at the expense of the applicant, as established under § 2109, and thereafter will be main…

§ 2106. Illegal Connection. (a) When an illegal connection is discovered, such action shall constitute theft, and the responsible party will be processed in accordance with local statutes, specifically Public Law 19-14, Section 9, wherein it states, “...such theft shall be prosec…

§ 2107. Meter Reading and Rendering of Bills. (a) All bills shall be rendered upon actual readings, except as provided for in 12GCA, Section 12027, and subject to the provisions as set forth in 12GCA, Section 12026. (1) Bills shall be rendered upon actual readings taken within no…

§ 2108. Billing Collection. (a) All bills shall be due and payable upon deposit in the United States Mail or upon other presentation to the consumer. The consumer shall be responsible to keep GWA informed of the consumer’s most recent billing address. Payment shall be made at the…

§ 2109. Meter Tests and Adjustment of Bills. 38 (a) Meter tests. All meters are tested prior to installation. Any consumer who, for any reason, doubts the accuracy of the meter serving his premises, and subsequent to corrective actions being taken by the Agency in accordance with…

§ 2110. Discontinuation of Water and Sewer Service. (a) GWA may disconnect or discontinue water and/or sewer service in order to enforce compliance with sewer service in order to enforce compliance with GWA’s Service Rules and Regulations. The termination of water service shall i…

§ 2111. Schedule of Rates and Charges. All rates and charges are available free of charge at GWA on a “Schedule of Rates and Charges” form. This form shall be considered as an appendix to the GWA Water and Wastewater Service Rules and Regulations.…

§ 2112. Electrical Grounding. (a) Protective grounding of alternating current secondary distribution circuits made to the water system shall be subject to written approval by GWA. 44 (b) No grounding of direct current system to any portion of the water system shall be permitted. …

§ 2113. Consumer’s Pumping Installations. (a) Consumers shall not be permitted to install or operate pumps on either side of the water meter, except in cases approved in writing by GWA. (b) Approvals given by GWA under this will be qualified by clauses making them revocable upon …

§ 2114. Cross-Connections and Backflow Prevention. (a) In order to provide proper sanitary protection to GWA’s water supply and to comply with the applicable regulations, GWA will require that following the effective date of these Rules and 45 Regulations no cross-connections wit…

§ 2115. Private Fire Protection Service. (a) Private fire protection service will be furnished only where adequate provision is made to prevent diversion of water through such service for other purposes. The fire service connection will be installed by GWA and shall be paid for b…

§ 2116. Use of and Damage to Fire Hydrants, Change in Hydrant Location, Hydrant Color Codes. 50 (a) Use of Fire Hydrant. Any use of a fire hydrant or tampering therewith or the taking of water therefrom for purposes other than fire protection by persons other than authorized empl…

§ 2117. Refrigeration and Air Conditioning Equipment. (a) New installation or replacement installation of refrigeration or air conditioning equipment requiring the use of water from the public water system shall be made only after a permit authorizing such installation has been i…

§ 2118. Main Extensions. (a) General requirements. Upon request by a potential applicant for a main extension, GWA shall prepare, with an estimated cost of preparation, a preliminary sketch and rough estimate of the cost of installation to be paid by said applicant. Such estimate…

§ 2119. Water Resources Conservation and Water Pollution. All decisions regarding water resources conservation and water pollution, to be made in conjunction with the operations of GWA’s Water Division, shall be based on the applicable portions of (Title X, Chapter XI, Water Poll…

§ 2120. Regulations Regarding the Use of Public Sewers. (a) No persons shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the Sanitary Engineer that such wastes can harm either the sewe…

§ 2121. Administrative and Hearing Requirements. (a) Bill disputes. In the event a consumer questions the accuracy of a bill rendered to him by GWA, the question shall be brought to the attention of the Agency for an oral explanation. After the oral explanation, if the consumer s…

§ 2122. Severability. 62 If any rule, section, sentence, clause, or phrase of these Rules and Regulations or their application to any person or circumstances or property is held to be unconstitutional or invalid, the remaining portion of these Rules and Regulations or the applica…

§ 2123. Effective Date. The Rules and Regulations shall become effective upon their approval and adoption in conformance with Title 3 GCA, Paragraph 24202, Section (b). ARTICLE 2 BUILD-OPERATE-TRANSFER PLAN…

§ 2210 General Provisions. (a) GWA Mission Statement. The directors, managers and employees of the Guam Waterworks Authority (“GWA”) will plan for, operate and maintain an integrated, Island-wide water and wastewater system to serve all Island residents and businesses with reliab…

§ 2211. Purpose. The purpose of the implementing rules and regulations, hereinafter referred to as the Regulations, is to provide standard policies and procedures governing the use of the “Build-Operate- Transfer” concept, or variants thereof, for the purpose of allowing private …

§ 2212. Policy. It is the policy of Guam to promote the economy, efficiency and effectiveness of all water and wastewater projects following the Build-Operate-Transfer concept, or variants thereof, by: (a) developing and maintaining sound implementing rules and regulations; (b) p…

§ 2213. 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) Contract means…

§ 2214. Publication. At a minimum, the list of projects eligible for this concept shall be published in a local, national and where applicable, international, newspapers of general circulation at least once. No award shall be made under this Act until after the first publication …

§ 2220. Policy. After the advertisement of the project list, prospective bidders will be subject to the pre-qualification process. The pre- qualification process operates to identify qualified bidders able to perform the contract if it is awarded to them. GWA is seeking bidders w…

§ 2221. Pre-Qualification Process. The BOT Committee shall screen prospective bidders to determine if the pre-qualification requirements are met.

§ 2222. Bidder Questionnaire Responses. Prospective bidders will be required to obtain a Bidder Questionnaire from GWA and submit a response to the Bidder Questionnaire supplied by GWA according to a timetable set by GWA. The Bidder Questionnaire shall be accompanied by the crite…

§ 2223. Duties and Composition of the BOT Committee. The General Manager shall appoint, with the consent of the Board and in concurrence with the director or agency heads, seven (7) representatives from the following departments/agencies to sit on the BOT Committee. The Committee…

§ 2224. Pre-qualification Criteria of the BOT Committee. Prospective bidders’ responses to Bidder Questionnaires will be evaluated to ensure satisfaction of all the following criteria of the BOT Committee: (a) minimum of five (5) years’ experience with water or wastewater project…

§ 2225. Invitation to Submit Bid Proposal. After a bidder is found by the BOT Committee to have satisfied the pre-qualification requirements, the bidder will be invited to submit a bid proposal on the project. ARTICLE 5 THE REQUEST FOR PROPOSALS…

§ 2230. Use. The Request for Proposals is used to initiate the competitive public bidding for water and wastewater infrastructure projects suitable for the use of the “Build-Operate-Transfer” concept, or variants thereof.…

§ 2231. Maximum Practicable Competition. The Request for Proposals shall seek to promote overall economy for the purposes intended and encourage competition in satisfying GWA's needs, and shall not be unduly restrictive.

§ 2232. Content. The Request for Proposal shall include the following: (a) instructions and information to bidders concerning the bid submission requirements, including the time and date set for receipt of bids, the address of the office to which bids 71 are to be delivered, the …

§ 2233. Financial Incentives. The financial incentives and arrangements that the government of Guam may provide as authorized by the Guam Economic Development Authority (“GEDA”) for the project shall be included in the contract terms accompanying the Request for Proposals. These …

§ 2234. Repayment Scheme. The repayment scheme shall be included in the contract terms accompanying the request for proposals. For the financing, design, construction, operation and maintenance of any infrastructure project undertaken through the Build-Operate- Transfer arrangeme…

§ 2235. Contract Termination. Contract termination provision shall be included in the contract terms accompanying the request for proposals. In the event that a project is revoked, canceled or terminated by the government through no fault of the project proponent, or by mutual ag…

§ 2236. Project Supervision. Every infrastructure project undertaken under the provisions of this Act shall be in accordance with the plans, specifications, standards and costs approved by GWA, and shall be under the supervision of GWA.…

§ 2237. Contract Terms and Conditions. The contract terms and conditions included in the Request for Proposals shall detail the following: (a) contract governed by Guam law; (b) project’s geographical location; (c) specific products or services to be provided by the project; (d) …

§ 2240. Policy. In order to foster competition in the contract selection process, public bidding under a two (2) envelope/two (2) stage system will be used, except for unsolicited proposals or where direct negotiations are permitted.…

§ 2241. Limitation on Direct Negotiations. Direct negotiations shall be resorted to only when one (1) complying bidder is available in accordance with Public Law Number 24-37, § 8. Otherwise, no negotiation shall take place between GWA and a bidder with respect to a bid submissio…

§ 2242. Bidding Process. Each participating pre-qualified bidder shall submit two (2) envelopes. The first envelope shall contain the Technical Proposal, and the second envelope the Financial Proposal.

§ 2243. Contents of the Technical Proposal. The Technical Proposals shall address the areas identified in the Request for Proposals and detail the manner in which the Bidder proposes to comply with § 3(a) of Public Law Number 24- 37 concerning the employment of local residents to…

§ 2244. Contents of the Financial Proposal. 77 The Financial Proposal shall address the areas identified in the Request for Proposals.

§ 2245. Timing of the Bidding Process. The location, time and date of each stage of the bidding process will be established by GWA and provided to pre-qualified bidders with the Request for Proposals.

§ 2246. Confidentiality. (a) All information contained in the Technical Proposal and the Financial Proposal shall remain confidential until after contract award, except as follows: (1) upon opening of the Technical Proposal, it may be publicly announced the name of the bidder and…

§ 2247. Technical Proposal Opening. The Technical Proposals shall be opened publicly in the presence of one (1) or more witnesses at the time, date and location designated in the Request for Proposals.

§ 2248. Evaluation of the Technical Proposal. The BOT Committee shall evaluate the Technical Proposals based on the requirements set forth in the Request for Proposals. The Committee shall obtain expert advice as needed. This evaluation will ensure technical merit. After the eval…

§ 2249. Clarification of the Technical Proposal. The BOT Committee may request clarification of the Technical Proposal if that committee believes that such clarification is needed. All qualified bidders shall receive this Request for Clarification. This clarification is at the di…

§ 2250. Financial Proposal Opening. The Financial Proposals accompanying approved Technical Proposals shall be opened publicly in the presence of one (1) or more witnesses at the time, date and location designated in the Request for Proposals.…

§ 2251. Evaluation of the Financial Proposal. The BOT Committee shall evaluate the Financial Proposals based on the requirements set forth in the Request for Proposals. The Committee shall obtain expert advice as needed. This evaluation will ensure financial merit. After the eval…