Title 5 — Government Operations

Whenever possible, the Department of Administration, the Department of Public Health and Social Services, the Guam Memorial Hospital Authority, the Guam Behavioral Health and Wellness Center, and the Department of Education shall purchase drugs, generic or otherwise, directly fro…

When providing medical services to patients whose medical services are paid for, either in part or in whole, by local legislative appropriation, by Federal grant-in-aid or by a combination of both, a pharmacist filling a prescription for a drug prescribed by its trade or brand na…

As used in this Chapter “Architect-Engineer” and “Land Surveying Services” are those professional services within the scope of the practice of architecture, professional engineering, or land surveying, as defined by the laws of Guam. SOURCE: GC § 6966. MPC § 5-101 modified gramma…

The Policy Office shall promulgate regulations providing for as many alternative methods of construction management as it may determine to be feasible. These regulations shall: (a) set forth criteria to be used in determining which method of construction contracting management is…

(a) Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for construction contracts when the price is estimated by the Procurement Officer to exceed Twenty-Five Thousand Dollars ($25,000). Bid security shall be a bond provided by a suret…

(a) When Required; Amounts. When a construction contract is awarded in excess of Twenty-Five Thousand Dollars ($25,000), the following bonds or security shall be delivered to Guam and shall become binding on the parties upon the execution of the contract: (1) a performance bond s…

(a) Bond Forms. The Policy Office shall promulgate by regulation the form of the bonds required by this Article. (b) Certified Copies of Bonds. Any person may request and obtain from Guam a certified copy of a bond upon payment of the cost of reproduction of the bond and postage,…

(a) Contract Clauses. The Policy Office shall promulgate regulations requiring the inclusion in Guam construction contracts of clauses providing for adjustments in prices, time of performance, or other contract provisions, as appropriate, and covering the following subjects: (1) …

Every contract modification, change order, or contract price adjustment under a construction contract with Guam in excess of Five Thousand Dollars ($5,000) shall be subject to prior written certification by the COL 2026-04-23 fiscal officer of the entity responsible for funding t…

(a) Contract Clauses. The Policy Office may promulgate regulations permitting or requiring the inclusion of clauses providing for adjustments in prices, time of performance or other contract provisions as appropriate covering the following subjects: (1) the unilateral right of Gu…

The Policy Office shall promulgate regulations setting forth cost principles which shall be used to determine the allowability of incurred costs for the purpose of reimbursing costs under contract provisions which provide for the reimbursement of costs, provided, that if a writte…

As used in this Chapter: COL 2026-04-23 (a) “Excess Supplies” means any supplies other than expendable supplies having a remaining useful life but which are no longer required by the using agency in possession of the supplies. (b) “Expendable Supplies” means all tangible supplies…

The Policy Office shall promulgate regulations governing: (a) the management of supplies during their entire life cycle; (b) the sale, lease, or disposal of surplus supplies by public auction, competitive sealed bidding, or other appropriate method designated by regulation, provi…

Unless otherwise provided by law, the Chief Procurement Officer shall be empowered, pursuant to regulations promulgated by the Policy Office, to allocate proceeds from the sale, lease or disposal of surplus supplies. SOURCE: GC § 6973. MPC § 8-301.

Commercial Port of Guam. Notwithstanding the provisions of § 5403 (Allocation of Proceeds from Sale or Disposal of Surplus Supplies), when the Jose D. Leon Guerrero Commercial Port of Guam engages in disposing of excess or surplus supplies and equipment that were purchased with f…

(a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who may be aggrieved in connection with the method of source selection, solicitation or award of a contract, may protest to the Chief Procurement Officer, the Director of Public Works or the head of a …

Reinvestment Act Moneys Allotted to the Guam Department of Education. [Repealed.] SOURCE: Added as § 5425A by P.L. 31-012:2 (Mar. 9, 2011) and renumbered by the Compiler pursuant to the authority granted by 1 GCA § 1606. The provision contained a sunset provision, stating that it…

Education Stabilization Fund, or Head Start Grant Allotted to the Guam Department of Education. (a) Notwithstanding any other provision of law, if a selected or non-selected vendor, contractor, or service provider is aggrieved by an award or a contract for capital improvement pro…

(a) Authority. After reasonable notice to the person involved and reason able opportunity for that person to be heard, the Chief Procurement Officer, the Director of Public Works or the head of a purchasing agency, after consultation with the using agency and the Attorney General…

(a) Applicability. This Section applies to controversies between Guam and a contractor and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for con…

(a) A Critical Procurement Contract is a contract solicited as contemplated in the Guam Procurement Law, 5 Guam Code Annotated Chapter 5, and meets the following criteria: (1) the solicitation is one which is integral to the timing of the planning, development, construction, fina…

(a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who may be aggrieved in connection with the method of source selection, solicitation or award of a Critical Procurement Contract, may protest to the Chief Procurement Officer, the Director of Public Wo…

The provisions of this Subarticle apply where it is determined administratively, or upon administrative or judicial review, that a solicitation or award of a contract is in violation of law. SOURCE: GC § 6976. MPC § 9-201. Amended by P.L. 18-044:14 (Nov. 14, 1986). COMMENT: This …

If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be: (a) cancelled; or (b) revised to comply with the law. SOURCE: GC § 6976.l. MPC § 9-202. COMMENT: This Section restates,…

(a) If after an award it is determined that a solicitation or award of a contract is in violation of law, then: (1) if the person awarded the contract has not acted fraudulently or in bad faith: (A) the contract may be ratified and affirmed, provided it is determined that doing s…

Interest on amounts ultimately determined to be due to a contractor or Guam shall be payable at the statutory rate applicable to judgments from the date the claim arose through the date of decision or judgment, whichever is later. SOURCE: GC § 6977. MPC § 9-301. 2023 NOTE: Refere…

(a) Solicitation and Award of Contracts. The Superior Court of Guam shall have jurisdiction over an action between Guam and a bidder, offeror, or contractor, either actual or prospective, to determine whether a solicitation or award of a contract is in accordance with the statute…

(a) Protested Solicitations and Awards. Any action under § 5480(a) of this Chapter shall be initiated within fourteen (14) days after receipt of a final administrative decision. (b) Debarments and Suspensions for Cause. Any action under § 5480(b) of this Chapter shall be commence…

(a) On complaint by any member of the public, the Superior Court has jurisdiction to enjoin a governmental body from withholding procurement data and to order the production of any government data improperly withheld from the complainant. In such a case, the court shall determine…

Where a procurement involves the expenditure of federal assistance or contract funds, or other federal funds as defined by Section 20 of the Organic Act of Guam, all persons within the government of Guam shall comply with such federal law and regulations which are applicable and …

As used in this Chapter: (a) “Blind Trust” means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust. COL…

(a) Public employment is a public trust. It is the policy of Guam to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by Guam. Such policy is implemented by prescribing essenti…

(a) General Ethical Standards for Employees. Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employee’s duties is a breach of a public trust. In order to fulfill this general prescribed standard, employees mu…

To the extent that violations of the ethical standards of conduct set forth in this Article constitute violations of Title 9 of the Guam Code Annotated (Crimes and Corrections), they shall be punishable as provided therein. Such sanctions shall be in addition to the civil remedie…

(a) 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: (1) the employee or any member of the employee’s immediate family has a financial interest pertaining to the p…

(a) Disclosure of Benefit Received from Contract. Any employee who has, or obtains any benefit from, any Guam contract with a business in which the employee has a financial interest shall report such benefit to the Civil Service Commission; provided, however, that this Section sh…

(a) 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, a gratuity or an offer of employment…

(a) 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 Guam contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide …

(a) Contemporaneous Employment Prohibited. Except as may be permitted by regulations pursuant to this Chapter or pursuant to Title 4 GCA, or rulings of the Civil Service Commission pursuant to this Chapter, it shall be a breach of ethical standards for any employee who is partici…

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. SOURCE: GC § 6980.9. MPC § 12-209. SUBARTICLE C REM…

(a) Existing Remedies Not Impaired. Civil and administrative remedies against employees which are in existence on the effective date of this Chapter shall not be impaired. (b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standards of this Chap…

Standards. (a) Existing Remedies Not Impaired. Civil and administrative remedies against non- employees which are in existence on the effective date of this Chapter shall not be impaired. (b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standa…

(a) 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 a non- employee may be recovered from both the employee and non-employee. (b) Recovery of Kickbacks by G…

In addition to the authority and duties of the Policy Office established under § 5101 of this Chapter, such office is hereby given the functions required under this Chapter with regard to non-employees and the Civil Service Commission is hereby given the functions required with r…

(a) Regulations. The Civil Service Commission shall promulgate regulations to implement this Chapter with regard to employees. The Procurement Policy Office shall promulgate regulations to implement this Chapter with regard to non-employees, contractors and subcontractors and the…

(a) General. Except as provided under Subsections (b) and (c) of this Section, a decision of the Policy Office under § 5481 of this Chapter shall be reviewable in accordance with the Administrative Adjudication Law of Guam. The opinions of the Civil Service Commission shall be re…

(a) The Public Auditor shall adopt rules of procedure, which, to the fullest extent possible, will provide for the expeditious resolution of controversies in accordance with the requirements of this Chapter. (b) The Public Auditor shall have the authority to appoint a hearing off…

The Public Auditor shall issue a decision in writing or take other appropriate action on each appeal submitted. A copy of any decision shall be provided to all parties, and, as appropriate, the Chief Procurement Office, the Director of Public Works and the head of a purchasing ag…

(a) The Public Auditor shall have the power to review and determine de novo any matter properly submitted to her or him. COL 2026-04-23 (b) The Public Auditor shall not have jurisdiction over disputes having to do with money owed to or by the government of Guam. (c) Notwithstandi…

(a) Any determination of an issue or a finding of fact by the Public Auditor shall be final and conclusive unless arbitrary, capricious, fraudulent, clearly erroneous, or contrary to law. (b) Any decision of the Public Auditor, including any determination regarding the applicatio…