Title 5 — Government Operations

Code Council, and the PEALS Board. (a) The Department of Public Works (DPW), the Guam Board of Professional Engineers, Architects and Land Surveyors (PEALS), and the Guam Building Code Council (GBCC) may enter into a Memorandum of Understanding (MOU) to jointly fund an Assistant …

As used in this Chapter: (a) “Cost-Reimbursement Contract” means a contract under which a contractor is reimbursed for costs which are allowable and allocable in accordance with the contract terms and the provisions of this Chapter, and a fee, if any. (b) “Established Catalogue P…

(a) Unless otherwise authorized by law, all Guam contracts shall be awarded by competitive sealed bidding, pursuant to § 5211 of this Article, except for the procurement of professional services and except as provided in: (1) Section 5212 of this Article; [see note below] (2) Sec…

(a) Conditions for Use. Contracts shall be awarded by competitive sealed bidding except as otherwise provided in § 5210 of this Article. (b) Invitation for Bids. An Invitation for Bids shall be issued and shall include a purchase description, a recitation of the Wage Determinatio…

(a) Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for the procurement of supplies or services when the total price is estimated by the Chief Procurement Officer to exceed Twenty-Five Thousand Dollars ($25,000.00). Bid security sha…

Any procurement not exceeding Twenty-five Thousand Dollars ($25,000) for supplies or services, and not exceeding One Hundred Thousand Dollars ($100,000) for construction, may be made in accordance with small purchase regulations promulgated by the Policy Office, which shall inclu…

Any procurement not exceeding Two Hundred Fifty Thousand Dollars ($250,000) 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 …

Guam Memorial Hospital Authority (GMHA).

(a) A contract may be awarded for a supply, service, or construction item without competition when, prior to commencing negotiations: (1) the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer above the level …

(a) Emergency Procurements. Notwithstanding any other provision of this Chapter, the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer, provided the designee of any such officer is subject to § 5114(b) of thi…

(a) Conditions for Use. The services specified in § 5121(a) of this Chapter shall be procured in accordance with this Section, except as authorized under §§ 5214 or 5215 of this Chapter. Services for architecture, engineering, construction, land surveying, environmental assessmen…

A contract may be awarded for a supply or service without competition when the contractor is a nonprofit corporation employing sheltered or handicapped workers. As a condition of the award of the contract the contractor must certify that labor on the project will be performed by …

Each Request for Proposal, Request for Price Quotation, Request for Bid or any other method used for the procurement of services and construction where the project includes concrete or asphalt paving, construction and repair of highways, including all secondary and tertiary roads…

(a) Defined. An unsolicited offer is any offer other than one submitted in response to a solicitation. (b) Processing of Unsolicited Offers. The Chief Procurement Officer, the Director of Public Works or the head of the Purchasing Agency shall consider the offer as provided in th…

(a) Notwithstanding any other provision of this Chapter, Invitations for Bid (IFBs) and Requests for Proposals (RFPs) shall be posted on the procuring agency’s website. IFBs and RFPs procured through the General Services Agency (GSA) or the Department of Public Works (DPW) shall …

The Government of Guam Office of Technology shall create or cause to create an Executive branch- wide website known as the “Procurement Announcement Website” that contains the descriptions of the goods, services, or construction to be procured, announcement dates, the closing dat…

The Guam General Services Agency, the Department of Public Works and all other purchasing agencies, with procurement authority, shall post all IFB and RFP procurement solicitations, on their respective websites. The Guam General Services Agency, the Department of Public Works and…

All information required to be posted on the Procurement Announcement Website shall be posted for the same amount of time the information is required to be posted on the General Services Agency’s, the Department of Public Works’ and the purchasing agency’s websites. SOURCE: Added…

The Director of Administration shall promulgate administrative rules and regulations pursuant to the provisions of Chapter 9, Title 5 Guam Code Annotated consistent with this Act. SOURCE: Added as § 5224 by P.L. 37-012:2 (May 12, 2023), effective 120 days after enactment pursuant…

All procurement records shall be retained and disposed of pursuant to § 5247, Chapter 5, Title 5 Guam Code Annotated. SOURCE: Added as § 5225 by P.L. 37-012:2 (May 12, 2023), effective 120 days after enactment pursuant to P.L. 37- 012:3 and renumbered by the Compiler pursuant to …

An Invitation for Bids, a Request for Proposals, or other solicitation may be cancelled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in COL 2026-04-23 the best interests of Guam in accordance with regulat…

(a) Determination of Nonresponsibility. A written determination of nonresponsibility of a bidder or offeror shall be made in accordance with regulations promulgated by the Policy Office. The unreasonable failure of a bidder or offeror to promptly supply information in connection …

Prospective suppliers may be prequalified for particular types of supplies, services and construction. Solicitation mailing lists of potential contractors shall include but shall not be limited to such prequalified suppliers. SOURCE: GC § 6961.1. MPC § 3-402.

(a) Contractor Certification. A contractor shall, except as provided in Subsection (c) of this Section, submit cost or pricing data and shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete, and current as of a mutu…

(a) Purpose. The disclosures required by this Section are intended to reveal information bearing on the responsibility of a bidder, and can be obtained by an inquiry regarding responsibility prior to award. (b) Definitions. As used herein, the term “person” shall be interpreted l…

Subject to the limitations of this Section, any type of contract which will promote the best interest of Guam may be used; provided that the use of cost-plus-a-percentage-of-cost contract is prohibited. A cost- reimbursement contract may be used only when a determination is made …

Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been determined in writing by the Chief Procurement Officer, the Director of Public Works, the head of a Purchasing Agency, or a designee of any such officer that: (a) the proposed con…

(a) Specified Period. Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of Guam provided the term of the contract and conditions of renewal or extension, if any, are included in the …

Guam may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by Guam. SOURCE: GC § 6963. MPC § 3-601. 2022 NOTE: References to “Territory” replac…

(a) Audit of Cost or Pricing Data. Guam may, at reasonable times and places, audit the books and records of any person who has submitted costs or pricing data pursuant to § 5232 of this Chapter to the extent that such books and records relate to such cost or pricing data. Any per…

The determinations required by §§ 5211(f), 5212(a), 5212(g), 5214, 5215, 5216(e), 5230(a), 5232(c), 5235, 5236 and 5237(b) of this Chapter are final and conclusive unless they are clearly erroneous, arbitrary, capricious or contrary to law. SOURCE: GC § 6964. MPC § 3-701. COL 202…

When for any reason collusion or other anticompetitive practices are suspected among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General. SOURCE: GC § 6964.1. MPC § 3-702. COMMENT: Reference to Territorial Prosecutor deleted by Com…

All procurement records shall be retained and disposed of in accordance with records retention guidelines and schedules approved by the Attorney General. All retained documents shall be made available to the Attorney General or a designee upon request and proper receipt therefor.…

All incoming and outgoing electronic mail (email) correspondences pertaining to matters related to the procurement of goods and services as governed by this Chapter shall be retained for a period of not less than five (5) years. Such electronic mail (email) correspondences may be…

(a) Contents of Record. The Chief Procurement Officer, the Director of Public Works, all autonomous agencies and public corporations, or the head of an agency utilizing this Section shall maintain a record listing of all contracts made under §§ 5214 and 5215 of this Chapter for a…

Each procurement officer shall maintain a complete record of each procurement. The record shall include the following: (a) the date, time, subject matter and names of participants at any meeting including government employees that is in any way related to a particular procurement…

No procurement award shall be made unless the responsible procurement officer certifies in writing under penalty of perjury that he has maintained the record required by § 5249 of this Chapter and that it is complete and available for public inspection. The certificate is itself …

The record required by § 5249 of this Chapter is a public record and, subject to rules promulgated by the Public Auditor, any person may inspect and copy any portion of the record. SOURCE: GC § 6964.6 added by P.L. 18-044:19 (Nov. 14, 1986). Amended by P.L. 28-068:IV:66 (Sept. 30…

The rules promulgated pursuant to § 5251 of this Chapter shall: (a) protect the integrity of the bidding process; (b) protect the confidentiality of trade secrets; (c) establish reasonable charges for copying papers; (d) provide for transcription of sound recordings; (e) require …

Government of Guam Venues. (a) No person convicted of a sex offense under the provisions of Chapter 25 of Title 9 Guam Code Annotated, or an offense as defined in Article 2 of Chapter 28, Title 9 GCA in Guam, or an offense in any jurisdiction which includes, at a minimum, all of …

As used in this Chapter “Specification” means any description of the physical or functional characteristics, or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or cons…

The Policy Office shall promulgate regulations governing the preparation, maintenance, and content of specifications for supplies, services and construction required by Guam. SOURCE: GC § 6965.l. MPC § 4-202. 2022 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 …

(a) The Chief Procurement Officer shall prepare, issue, revise, maintain and monitor the use of specifications for supplies and services required by Guam. (b) The Director of Public Works shall prepare, issue, revise, maintain and monitor the use of specifications for constructio…

Specifications for supplies, services or construction items procured under § 5120 of this Chapter, or exempted pursuant to § 5121 of this Chapter, may be prepared by a purchasing agency in accordance with the provisions of this Article and regulations promulgated hereunder. SOURC…

The Chief Procurement Officer and the Director of Public Works shall obtain expert advice and assistance from personnel of Using Agencies in the development of specifications and may delegate in writing to a using agency the authority to prepare and utilize its own specifications…

All specifications shall seek to promote overall economy for the purposes intended and encourage competition in satisfying Guam’s needs, and shall not be unduly restrictive. SOURCE: GC § 6965.5. MPC § 4-205. 2023 NOTE: Reference to “Territory” replaced with “Guam” pursuant to 1 G…

The requirements of this Article regarding the purposes and nonrestrictiveness of specifications shall apply to all specifications, including, but not limited to, those prepared by architects, engineers, designers and draftsmen for public contracts. SOURCE: GC § 6965.6. MPC § 4-2…

The specifications contained in any invitation for bids or request for proposals, and any amendment thereto, for the procurement of supplies shall identify the person responsible for drafting the specifications and any persons, technical literature or manufacturer’s brochures rel…

(a) Specifications shall not include requirements, such as but not limited to restrictive dimensions, weights or materials, which unnecessarily restrict competition, and shall include only the essential physical characteristics and functions required to meet Guam’s minimum needs.…

As used in § 5257 through § 5259 of this Article, “generic drug” means the chemical or generic name, as determined by the United States Adopted Names (USAN) and accepted by the Federal Food and Drug Administration (FDA), of those drug products having the same active chemical ingr…