Guam Administrative Code

§10138. Same: Standards . Effective microfilming standards will comply with 5 GCA §20609 [Records Management Act] which shall include: (a) Maximum utilization of the microfilming services, technical advise and assistance offered by the Office of Department of Administration, the …

§10139. Automatic Data Processing Records Management: General . Automatic Data Processing records management includes the documentation of computer programs, machine readable records, functional and CH. 10 - RECORDS MANAGEMENT COMMITTEE - 1997 - P. 16 operational flow charts, rec…

§10140. Same: Standards . Standards for effective Automatic Data Processing records management will include: (a) Identification of machine room records through classification and labeling. (b) Development of filing and controlling methods for retrieving machine readable records. …

§20602 [Records Management Act] govern the construction of this manual. (a) Record means document, book, paper, photograph, sound recording or other material, regardless of physical form or characteristics, made or received pursuant to law or in connection with the transaction of…

§1106 of these Regulations: (1) gratuity, as defined in §1106(41) (Definitions, Gratuity); and (2) purchase request, as defined in §1106(44) (Definitions, Purchase Request). (b) Gratuities Prohibition. (1) Breach . It is a breach of §11206(1) (Gratuities and Kickbacks, Gratuities…

§11101. Definitions of Terms Used in this Chapter. (a) Definitions. (1) 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 propo…

§11102. 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 o…

§11103. General Standards of Ethical Conduct. General Ethical Standards for Non-Employees. Any effort to influence any public employee to breach the standards of ethical conduct set forth in this Section and 5 GCA §5628 through §5633 of the Guam Procurement Act is also a breach o…

§11104. 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 re…

§11105 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 the employee knows that: (i) the employee or any member of the employee…

§11106. Disclosure of Benefit from Contract. (a) Employee Disclosure Requirements. (Reserved). (1) Definitional Cross-Reference. The term Financial Interest is defined in §1106(40) (Definitions), of the Guam Procurement Regulations. (2) Benefit Defined. (Reserved). (3) Disclosure…

§11107. Gratuities and Kickbacks. (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 another person, …

§11108. Contingent Fees. (a) Prohibition Against Contingent Fees. (l) Contingent Fees. It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a territorial contract upon an agreement or understanding for a commission, pe…

§11109. 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 Particu…

§11110. 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…

§11111. Civil and Administrative Remedies Against Employees Who Breach Ethical Standards . (Reserved).

§11112. Civil and Administrative Remedies Against Non-Employees who Breach Ethical Standards. (1) Existing Remedies Not Impaired . Civil and administrative remedies against non-employees which are in existence on the effective date of this Act shall not be impaired. (2) Supplemen…

§11113. Recovery of Value Transferred or Received in Breach of Ethical Standards. (1) 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-employed may be re…

§11114. Ethics Enforcement. (a) Ethics: Non employees. In addition to the authority and duties of the Policy Office under 5 GCA §5101 of the Guam Procurement Act, such office is hereby given the functions required under this Chapter with regard to non employees and the Civil Serv…

§12101. Statement of Policy . It is the policy of the Department of Administration that use of checks or drafts by and drawn on the accounts of individuals partnerships and corporations is a privilege and not a right. As such, the Government of Guam accepts checks or drafts from …

§ 12101. Authority and Purpose of Rules of Procedure. These Rules of Procedure are promulgated under the authority of 5 GCA Chapter 5, Article 12, and P.L. 28-068, which gives the Public Auditor the duty to be in control of and be responsible for procurement Appeals in Guam, and …

§12102. Definitions . As used in this Chapter: (a) Cashier's Check means a check issued by an officer of the bank to another bank, authorizing the payee to receive upon demand the amount of the check. (b) Certified Check means a check containing a certification by an officer of t…

§ 12102. Definitions. As used in this Chapter, unless the context in which they are used requires a different meaning, the following definitions shall apply. (a) “Appellant” means an aggrieved person who Appeals to the Public Auditor a decision of the Chief Procurement Officer, t…

§ 12103. Jurisdiction of the Public Auditor; Exhaustion of Remedies. (a) The Public Auditor shall have the power to review and determine de novo any matter properly submitted to her or him. The Public Auditor shall not have jurisdiction over disputes having to do with money owed …

§12103. Acceptance of Checks. (a) Types of Checks Accepted. Only personalized checks and only in the amount of payment due the Treasurer of Guam will be accepted. Only payroll checks issued by the Treasurer of Guam or checks issued by the United States Government will be accepted…

§12104. Charge for Returned Checks. (a) Charge Established . There is established a bad check processing charge of $25.00 for each check or draft returned to the Treasurer of Guam for collection. The charge shall be imposed upon the maker for each and every check which is returne…

§ 12104. Form and Filing of Appeal. (a) When Filed. Appeals shall be made in writing to the Public Auditor and shall be filed in triplicate. Timely facsimile, electronic, or magnetic filing may also be authorized by the Office of Public Accountability upon the adoption of appropr…

§12105. Form of Payment on Returned Checks. Makers of bad checks are required to make good the amount of the check and the processing charge with a U.S. postal money order, certified check or cashier's check drawn on a bank whose accounts are federally insured and/or may be clear…

§ 12105. Agency Report. The Agency Report shall be arranged in chronological order where practicable, numbered sequentially, tabbed, and indexed to identify the contents of the file and shall include the following, if not already submitted to the OPA as part of the procurement re…

§ 12106. Making Information on Appeals Available. The Public Auditor shall, upon written request, make available to any Interested Party or member of the public information submitted that bears on the substance of the Appeal except where information is proprietary, confidential, …

§12106. Privilege to Use Checks as a Form of Payment. A maker of a bad check is placed on the Treasurer of Guam's bad check list after the first occurrence until the check amount and charge are paid. The second occurrence of a bad check returned to the Treasurer of Guam makes man…

§ 12107. Ex Parte Communications with Hearing Officer. (a) No person directly or indirectly involved in an Appeal shall communicate with the Hearing Officer or the Office of Public Accountability staff regarding any evidence, explanation, analysis, or advice, whether written or o…

§12107. Right of Government to Refer Names to Credit Bureaus. The government reserves the right to make available any and all names of makers of bad checks to credit bureaus to credit groups.

§12108. Rights of Makers of Bad Checks . (a) Written Notice . Makers of bad checks payable to the Treasurer of Guam or the line departments of the Government of Guam have a right to be informed in writing of specific bad checks held by the government. Written notice shall be give…

§ 12108. Hearing Procedures. (a) Request for Hearing. In all Appeals to the Public Auditor of suspension or debarment, a hearing shall be conducted. In all other Appeals, including Appeals of protests or contract disputes, the parties shall either request a hearing in writing or …

§12109. Rights of Governments to Impose Charges Otherwise Allowed by Law. NOTE: Rule-making authority cited for formulating of Acceptance of Checks, Drafts and Fees for Returned Checks by the Director of Administration, § GCA. The regulations of the Acceptance of Checks, Drafts, …

§ 12109. Authority of the Hearing Officer. The Public Auditor may appoint a Hearing Officer for Procurement Appeals. If no Hearing Officer is appointed or in the event of the Hearing Officer’s recusal, the Public Auditor may appoint and contract with another Guam-licensed attorne…

§ 12110. Decisions of the Public Auditor. (a) Within thirty (30) days of a hearing on an appeal or after the parties have formally waived a hearing, as provided for by 2 GAR, Div. 4, Chap. 12, § 12108(a), the Public Auditor shall issue a final written decision or take other appro…

§ 12111. Finality of Decision. (a) Appeal. Any person receiving an adverse decision, the government or any autonomous agency or public corporation, or both, may Appeal from a decision by the Public Auditor to the Superior Court of Guam. (b) Authorization of Appeal by the Governme…

§ 12112. Appeal to Public Auditor Relative to Method, Solicitation, or Award. Authority. Pursuant to 5 GCA § 5425(e) a protestor may Appeal a decision under 5 GCA § 5425(c) relative to the protest of a method of selection, a solicitation, an award of a contract, or a decision und…

§ 12113. Appeal to the Public Auditor of Contract and Breach of Contract Controversies. (a) Pursuant to 5 GCA § 5706, Appeals shall be made in writing to the Public Auditor within 60 days after receipt by an aggrieved contractor of a decision on a contract or breach of contract c…

§ 12114. Appeal to Public Auditor of Debarment or Suspension. (a) This section applies to Appeals of debarment or suspensions of persons from consideration for award of contracts imposed by the Chief Procurement Officer, the Director of Public Works, or the head of a Purchasing A…

§ 12115. Review of Award Pending Protest or Appeal. (a) Any protestor may protest a determination by the Chief Procurement Officer or the Director of Public Works pursuant to 5 GCA § 5425(g) that award of a contract without delay pending Appeal is necessary to protect the substan…

§ 12116. Disqualification of Public Auditor. The Public Auditor may recuse herself or himself at any time and notify all parties, or any party may raise the issue of disqualification and state the relevant facts prior to the hearing. The Public Auditor shall make a determination …

§ 12117. Expedited Protest Procedure for Procurements Funded in Whole or in Part by Funds Allotted to the Department of Education from the American Rescue Plan Act of 2021, the Education Stabilization Fund, or the Head Start Grant. (a) Definitions. When used in this regulation, t…

§ 5480 the Public Auditor shall designate a member of his or her staff or the appointed Hearing Officer for procurement appeals to preside over the matter. If no member of the Public Auditor’s staff or the appointed Hearing Officer is able to preside over the matter due to disqua…

§ 13101. Authority. The Negotiating Team for the government of Guam, responsible for the solicitation of group health insurance benefits for employees and retirees of the government, is established by statute. Pursuant to law, the Negotiating Team shall develop its rules of proce…