Title 5 — Government Operations
73 chapters · 2,143 sections in this title.
5 GCA § 5705 Suspension or Debarment Proceedings
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(a) Scope. This § 5705 applies to a review by the Public Auditor of a decision under § 5426 of this Chapter. (b) Time Limitation on Filing an Appeal. The aggrieved person shall file his/her appeal with the Public Auditor within sixty (60) days of the receipt of a decision under S…
5 GCA § 5706 Contract and Breach of Contract Controversies
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(a) Scope. This § 5706 applies to a review by the Public Auditor of a decision under § 5427 of this Chapter. (b) Time Limitation on Filing an Appeal. The aggrieved contractor shall file his/her appeal with the Public Auditor within sixty (60) days of the receipt of the decision o…
5 GCA § 5707 Appeals and Review of Public Auditor Decisions
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(a) Appeal. Any person receiving an adverse decision, the government or any autonomous agency or public corporation, or both, may appeal a decision by the Public Auditor to the Superior Court of Guam by filing a petition for judicial review. COL 2026-04-23 (b) Authorization of Ap…
5 GCA § 5708 Discontinuance of Contractor’s Appeal
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After notice of an appeal to the Public Auditor has been filed by the Chief Procurement Officer, the Director of Public Works or the head of the Purchasing Agency, a contractor may not discontinue such appeal without prejudice, except as authorized by the Public Auditor.”
5 GCA § 5709 Transfer of Authority
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Upon enactment, all Guam statutes and regulations which refer to the “Procurement Appeals Board” are hereby amended to reflect the “Public Auditor.” All other government of Guam documents which may refer to “Procurement Appeals Board” shall mean the “Public Auditor.” ARTICLE 13 W…
5 GCA § 5801 Wage Determination Established
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(a) In such cases where the government of Guam enters into contractual arrangements with a sole proprietorship, a partnership or a corporation (contractor) for the provision of a service to the government of Guam, and in such cases where the contractor employs a person(s) whose p…
5 GCA § 5802 Benefits
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In addition to the Wage Determination detailed in this Article, any contract to which this Article applies shall also contain provisions mandating health and similar benefits for employees covered by this Article, COL 2026-04-23 such benefits having a minimum value as detailed in…
5 GCA § 5802.1 Employment Right of First Refusal
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(a) Any and all outsourcing of government of Guam services that replace in part or whole the services presently being provided by a government entity shall require that the employees providing such services, who will be separated from the government as a result of any award, be p…
5 GCA § 5803 Department of Labor Monitoring and Penalizing Authority
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(a) The Guam Department of Labor, or its successor, shall monitor compliance with the provisions of this Article. The Director of the Department of Labor, or that person’s successor, shall investigate possible or reported violations of the provisions of this Article, and shall fo…
5 GCA § 5804 Probation and Appeal
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A contractor who violates the provisions of this Article, as determined by the process authorized in § 5803 of this Article, may be placed on a probationary status by the Chief Procurement Officer of the General Services Agency, or its successor, for a period of one (1) year. (a)…
5 GCA § 5805 Awards and Compliance
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The Chief Procurement Officer shall require bidders to submit declarations made pursuant to Title 6 GCA § 4308 to demonstrate their compliance with §§ 5801 and 5802 of this Chapter, if applicable. SOURCE: Added by P.L. 28-165:1 (Jan. 4, 2007). ARTICLE 14 GUAM PROCUREMENT ADVISORY…
5 GCA § 5900 Guam Procurement Advisory Council
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There is hereby established within the government of Guam, the Guam Procurement Advisory Council (Council) to research, evaluate, analyze, review and make recommendations to improve, address and modernize government procurement and contracting.
5 GCA § 5901 Composition
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(a) The Council shall be comprised of the following members: (1) the Chief Procurement Officer or his/her designee; (2) the Director of Public Works or his/her designee; (3) the Attorney General of Guam or his/her designee; (4) the Public Auditor or his/her designee; (5) the Dire…
5 GCA § 5902 Duties
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The Council is authorized to perform the following duties: (a) to conduct studies, research and analysis on all matters relating to the effectiveness, responsiveness and timeliness of government procurement, including the review and comparison with model procurement code legislat…
5 GCA § 5903 Limitations
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The Council shall not have any executive participation in the day-to-day implementation of the Guam Procurement Act. It shall not have any executive, legislative, or adjudicative review authority over procurement matters.
5 GCA § 5904 Reports
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The Council shall provide annual reports to the Speaker of I Liheslaturan Guåhan and I Maga’hågan/Maga’låhen Guåhan.
5 GCA § 5905 Administration
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(a) The Council shall have the authority to retain professional and support staff to assist it with its duties, and shall designate an Administrative Director. However, the Director of Administration shall provide and coordinate administrative support services to the Council from…
5 GCA § 5906 Guam Procurement Advisory Council Support Fund
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There is hereby established a Guam Procurement Advisory Council Support Fund (Fund) to be maintained by the Director of Administration. I Maga’hågan/Maga’låhen Guåhan and the Director of Administration are authorized to transfer amounts into the Fund to support the operations of …