Guam Administrative Code

§ 2252. Clarification of the Financial Proposal. The BOT Committee may request clarification of the Financial 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…

§ 2253. Proposal Corrections or Withdrawals. 79 Technical and Financial Proposals may only be corrected or withdrawn as set forth in the Request for Proposals.

§ 2254. Project Award. GWA’s Board of Directors shall award the contract to the bidder who, having satisfied the minimum financial, technical, organizational and legal standards, has submitted the lowest bid and most favorable terms for the project, based on the present value of …

§ 2255. Cancellation of Request for Proposals. At any time before the project award, GWA’s Board of Directors may cancel the Request for Proposals. ARTICLE 7 UNSOLICITED PROPOSALS…

§ 2260. Unsolicited Proposals. Unsolicited proposals for projects may be accepted by GWA on a negotiated basis, provided, that all the following conditions are met: 80 (a) such projects involved a new concept and technology and are not part of the current list of priority project…

§ 2261. Evaluation of Unsolicited Proposals. The BOT Committee shall evaluate all unsolicited proposals to ensure technical and financial merit within ninety (90) days of receipt. If the Committee finds that the unsolicited proposal has merit, it will submit its recommendations a…

§ 2262. Price Matching. When another proponent submits a lower price proposal following publication by GWA and the original proponent matches that price within thirty (30) working days, then the BOT Committee shall identify which proposal has greater technical merit and submit it…

§ 2265. Federal Funds. Where a project involves the expenditures of Federal assistance or contract funds, or other Federal funds as defined by 81

§2101. Authority and Purpose. (a) 5 GCA, Section 56108 authorizes the Guam Waterworks Authority to prescribe rules and regulations, including matters pertaining to business management as may be necessary for the proper and efficient operation of the Agency. Such rules and regulat…

§2102. Definitions. (a) For the purpose of these Rules and Regulations, unless it is evident from the context that a different meaning is intended, certain words and phrases used herein are defined as follows: (1) Agency or GWA shall mean the Guam Waterworks Authority. GWA is the…

§2103. General Conditions and Service Limitations. (a) Any prospective consumer whose premises are within service limits established by GWA and where pressure conditions permit, may obtain: (i) Water service, provided that GWA has a sufficient water supply developed for domestic …

§2104. Application for Water and Sewer Service and Service Re-connection. (a) Each prospective consumer requesting water and/or sewer service shall submit the prescribed application form duly signed and with all requested information. Such information shall include, but not be li…

§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 mainta…

§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 prosecu…

§2107. Meter Reading and Rendering of Bills. (a) All bills shall be rendered upon actual readings, except as provided for in 12GCA, Ch. 2 - GWA Art. 1 - Rates & Services 28 GAR - Public Utilities Section 12027, and subject to the provisions as set forth in 12GCA, Section 12026. (…

§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. (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 GWA…

§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 in…

§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. (b) No grounding of direct current system to any portion of the water system shall be permitted. Auth…

§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 n…

§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 Regulations no cross- connections with o…

§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 by…

§2116. Use of and Damage to Fire Hydrants, Change in Hydrant Location, Hydrant Color Codes. (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 employee…

§2117. Refrigeration and Air Conditioning Equipment. (a) New installation or replacement installation of refrigeration or air Ch. 2 - GWA Art. 1 - Rates & Services 28 GAR - Public Utilities conditioning equipment requiring the use of water from the public water system shall be ma…

§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 estimated…

§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 Pollu…

§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 st…

§2122. Severability. 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 application…

§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). Ch. 2 - GWA Art. 1 - Rates & Services 28 GAR - Public Utilities 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 reliabl…

§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 s…

§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: 1. developing and maintaining sound implementing rules and regulations; Ch 2 - …

§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. 1. Contract means a…

§2310. Policy. In order to attract prospective bidders and promote competition, all BOT projects will be identified, prioritized and published.

§2311. GWA's Master Plan(s). The list of all ‘Build-Operate- Transfer’ infrastructure projects must be part of GWA's most current water and wastewater infrastructure master plan(s).

§2312. Identification and Prioritization of Projects. The GWA Board of Directors shall identify and prioritize water and wastewater infrastructure projects from its master plan suitable for the use of the ‘Build-Operate-Transfer’ concept, or variants thereof.

§2313. GWA Pre-Feasibility Studies and Indication of Resources. GWA's General Manager shall conduct project pre-feasibility studies and shall indicate that GWA will have adequate financial resources to promptly pay tolls, fees, rentals and charges for each project on the list.

§2314. 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 o…

§2420. 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 who…

§2421. Pre-Qualification Process. The BOT Committee shall screen prospective bidders to determine if the pre-qualification requirements are met.

§2422. 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 criter…

§2423. 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 …

§2424. 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: 1. minimum of five (5) years experience with water or wastewater projects; …

§2425. 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. Ch 2 - GWA Art. 2 to 8 - Build-Operate-Transfer 28 GAR - Public Utiliti…

§2530. 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.

§2531. 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.

§2532. Content. The Request for Proposal shall include the following: 1. 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 are to be delivered, the maxim…

§2533. 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 i…