the Maintenance, Operation and Repair of GDOE Facilities. (a) The Guam Department of Education (GDOE) shall solicit proposals or bids from qualified parties for the management of the maintenance, operation and repair of GDOE facilities.
(1) Such solicitation shall be subject to the procurement laws of the government of Guam. (2) The solicitation shall include in its scope of work at a minimum, but not limited to: (A) An energy savings performance contract (ESPC) in which the Contractor provides design-build services, inclusive of the acquisition of energy and water efficient fixtures, operations and maintenance services, with guaranteed utility savings which shall be used to pay the Contractor.; (B Facilities & Maintenance personnel training; (C) A five (5)-year plan to address and ensure compliance with the Adequate Education Act found in Public Law 28-45 and other applicable public health and safety requirements. (3) GDOE shall issue such solicitation one hundred twenty (120) days after the enactment of this Section. (4) The procurement process shall adhere to the mandates of Public Law 30-157 relative to the duties of the Attorney General. In the event the GDOE finds that it is in its best interests to enter into a contract for the management of the GDOE facilities, the conditions set forth in this § 7112.1 shall apply to such contract. (b) Notwithstanding any other provision of law or regulation, the GDOE may enter into a public-private partnership agreement pursuant to this Section § 7112.1 for a period up to fifteen (15) years. The initial term of such an agreement shall be for a period of at least five (5) years. (c) Initial Investment. The Contractor shall be required to purchase or finance a minimum of Five Million Dollars ($5,000,000) in equipment acquisition or structural repairs and upgrades of GDOE facilities within one (1) year from the execution of the contract. (d) Special Terms.
(1) The principal performance manager of the selected Contractor shall have a minimum of ten (10) years of experience in managing the operation and maintenance of educational, residential, or food service facilities; (2) The Contractor must be licensed on Guam to perform the requisite services at the time of contract execution; and (3) All GDOE Facilities and Maintenance Division employees shall continue to be employees of the government of Guam, and subject to the applicable personnel rules and regulations of the GDOE. (e) Contract Performance Reviews. All contracts awarded subject to the provisions of this Act must contain performance reviews at least annually, and provisions for contract termination or penalty based upon such review. (f) GDOE Maintenance Division employees shall have the option to transfer to another line or autonomous agency or department of the government within ninety (90) days of the GDOE contract with a PMC without losing their pay grade, leave, or other benefits, provided, that a vacancy exists in the receiving agency and the employee meets the qualification requirements. SOURCE: Added by P.L. 31-029:2 (Apr. 18, 2011), effective pursuant to P.L. 31-029:3. 2018 NOTE: Subsection/subitem designations added/altered pursuant to authority by 1 GCA § 1606. This provision has been codified, although it will not become effective until a payment source is identified, pursuant to P.L. 31-029:3 which states in its entirety: “Section 3. Effective Date. This Act shall not take effect until a payment source or a budget for the initial Five Million Dollars ($5,000,000) and the amounts required for the remainder of the fifteen (15) year contract period is submitted to and approved by I Liheslaturan Guåhan (the Guam Legislature).”