Guam Memorial Hospital Authority (GMHA). (a) Threshold Tied to Federal Simplified Acquisition Threshold. Any procurement not exceeding the Federal Simplified Acquisition Threshold, as defined in subsection (b) of this Section, for Hospital supplies, services, equipment, or pharmaceuticals, may be made in accordance with small purchase regulations promulgated by the Policy Office, which shall include the requirements, in a Request for Quotes (RFQ) small purchase solicitation, to solicit and obtain, to the maximum extent practicable, no less than three (3) positive written quotations from qualified sources that shall be part of the procurement record. A “no quote” response will not be considered a positive quotation but shall be part of the procurement record, which shall further include a written record or memorandum of all solicitations and responses thereto, negative or positive, orally or in writing. (b) Definition. As used in this Section, “Federal Simplified Acquisition Threshold” means the general simplified acquisition threshold established under 41 U.S.C. § 1908 and set forth in the definition of “simplified acquisition threshold” at 48 CFR § 2.101 (FAR 2.101 ), as the same may be adjusted, amended redesignated, or recodified from time to time by the Federal Acquisition Regulatory Council or by Act of Congress. (c) Effective Date of Federal Adjustments. Each adjustment to the Federal Simplified Acquisition Threshold shall apply to GMHA small purchase solicitations issued on or after the effective date of the federal adjustment. A solicitation issued before that effective date shall remain subject to the threshold in effect at the time of issuance. (d) Less than Three Quotations. In the event the GMHA obtains less than three (3) positive quotations and provides the attestation required by this Section, the agency may proceed with the small purchase procurement. (e) Attestation. The GMHA shall include in the procurement record of a small purchase solicitation made by RFQ, regardless of whether it was concluded, an attestation containing the following: (1) a record of those particular businesses that were contacted, and those who, contacted or not, submitted a “no quote,” or did not respond to the solicitation, as well as those that submitted positive written quotations; (2) a statement documenting the solicitation efforts to obtain quotations from qualified sources other than those which responded; and (3) GMHA Material Management’s list of all qualified vendors for the item(s) being procured. (f) No Artificial Division. Small purchase requirements shall not be artificially divided so as to constitute a small purchase under this Section. (g) Quarterly Reporting. The GMHA Hospital Administrator/CEO, or designee at or above the level of the Procurement Officer utilizing this Section for procurement, shall submit a quarterly report of all small purchases to the Speaker of I Liheslaturan Guåhan. (h) Savings Clause. If, at any time, 41 U.S.C. § 1908 or 48 CFR § 2.101 is repealed without a successor provision establishing a federal simplified acquisition threshold, the dollar amount applicable under this Section shall be the last general Federal Simplified Acquisition Threshold in effect immediately before such repeal, and shall remain at that amount until further amendment of this Section by I Liheslaturan Guåhan. SOURCE: Added as § 5213.A by P.L. 38:060:XII:45 (Sept. 29, 2025), renumbered by the Compiler pursuant to the authority of 1 GCA § 1606. Amended by P.L. 38-136:XII:50 (Aug. 28, 2026).
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