As used in this Chapter, unless the context in which they are used requires a different meaning, or unless a different definition is prescribed for a particular Chapter, Article or provision: (a) “Business” means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. (b) “Change Order” means a written order signed by the Procurement Officer, directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor.
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(c) “Chief Procurement Officer” means the person holding the position created in § 5110 of this Chapter, as the head of the central procurement office of Guam. (d) “Contract” means all types of Guam agreements, regardless of what they may be called, for the procurement or disposal of supplies, services or construction. (e) “Contract Modification” means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provisions of any contract accomplished by mutual action of the parties to the contract. (f) “Contractor” means any person having a contract with a governmental body. (g) “Construction” means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property. (h) “Data” means recorded information, regardless of form or characteristic. (i) “Designee” means a duly authorized representative of a person holding a superior position. (j) “Employee” means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing personal services for any governmental body. (k) “Governmental Body” means any Department, Commission, Council, Board, Bureau, Committee, Institution, Agency, Government Corporation, Authority or other establishment or establishment or official of the Executive Branch of the government of Guam, except for the Government of Guam Retirement Fund, Guam Community College, the University of Guam, the Department of Education, and the Guam Memorial Hospital Authority. (l) “Grant” means the furnishing by Guam of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services or construction; a contract resulting from such an award is not a grant but a procurement contract. (m) “May” denotes the permissive. (n) “Person” means any business, individual, union, committee, club, other organization or group of individuals. (o) “Procurement” means buying, purchasing, renting, leasing or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. (p) “Procurement Officer” means any person duly authorized to enter into and administer contracts and make written determinations with respect thereto. The term also includes an authorized representative acting within the limits of authority. (q) “Purchasing agency” means any governmental body other than the Chief Procurement Officer or the Director of Public Works which is authorized by this Chapter or its implementing regulations, or by way of delegation from the Chief Procurement Officer, to enter into contracts. (r) “Regulation” shall have the meaning given in the Administrative Adjudication Law. (s) “Services” means the furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required
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performance. This term shall not include any form of employment relationship with the government or collective bargaining agreements. Services also includes printing and processing for printing finished products, such as books, reports, and other items which are, when delivered in finished form and are not to be further processed by the using agency. (t) “Shall” denotes the imperative. (u) “Supplies” means all property, including but not limited to equipment, materials, printing of forms, stationery and the like which are designed for further use or processing by the using agency, insurance, and leases of real property, excluding land and a permanent interest in land. (v) “Using agency” means any governmental body of Guam which utilizes any supplies, services or construction procured under this Chapter. (w) “Entity” means any department, agency, board, commission, instrumentality, public corporation or branch of the government of Guam and any corporation or person expending funds appropriated from the Government of Guam. (x) “Emergency” means a condition posing an imminent threat to public health, welfare, or safety, or the health and safety of the environment, which could not have been foreseen through the use of reasonable and prudent management procedures, and which cannot be addressed by other procurement methods of source selection. SOURCE: GC § 6952. MPC § 1-301 modified. Subsection (k) amended by P.L. 17-027:2 (Nov. 7, 1983), P.L. 17- 043:2 (Jan. 18, 1984), P.L. 29-109:10 (Aug. 26, 2008). Subsection (w) added by P.L. 18-015:X:27 (Sept. 28, 1985); amended by P.L. 18-032:6 (Apr. 24, 1986). Subsection (x) added by P.L. 18-044:26 (Nov. 14, 1986), amended by P.L. 35-109:2 (Oct. 30, 2020). 2024 NOTE: Reference to “territorial” replaced with “Guam” pursuant to 1 GCA § 420. Reference to Department of Education changed to Guam Public School System pursuant to P.L. 28-045:10 (June 6, 2005). P.L. 30-050:2 (July 14, 2009) reverted the name to the Department of Education. 2022 NOTE: References to “Territory” replaced with “Guam” pursuant to 1 GCA § 420. COMMENT: 1. The definition of Change Order does not preclude the Procurement Officer from seeking the consent of a contractor to a change order. 2. Collective Bargaining Agreements are excluded from this Chapter because they are part of employment, not procurement. 3. The definition of services includes what are now known as consultant agreements, and retainer agreements with attorneys, but does not include contracts of employment, such as the two-year or longer off- island employment agreements, or agreements to employ returning residents in the government. 4. Services include the printing of books, codes, etc., which are delivered finished. Supplies include printing of such things as forms, stationery, envelopes and the like which are used by an agency in its work, or are given to the public for further processing, such as applications or tax returns. The reason for differentiating the two types of printing is that the amount of labor and time involved, and the types of processes involved in printing books, etc., is greater and involves more than the mere delivery of a product. It may involve one contract for the entire production of a publication from design, writing through printing and delivery, or it may involve one contract for each phase of the work. In any event, printing of a finished product is of a different quality and type of procurement than the procuring of stationery and what is commonly referred to as office supplies.
ARTICLE 2 PROCUREMENT ORGANIZATION
Subarticle A Procurement Policy Office Subarticle B General Services Agency Subarticle C Organization of Public Procurement
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Subarticle D Guam Procurement Regulations Subarticle E Coordination, Training and Education Subarticle F Duties of the Attorney General Subarticle G Guam Procurement Advisory Council
SUBARTICLE A PROCUREMENT POLICY OFFICE