Title 5, Government Operations

[Omitted.] SOURCE: MPC § 1-105. COMMENT: Former Government Code 19 contains a severability clause applicable to the entire Government Code. This clause, and similar ones were transferred to 1 GCA § 721, where it now applies to all of the Guam Codes, not just the Government Code.

Since this Chapter is a general law, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction of the subsequent legislation can be reasonably avoided. SOURCE: GC § 6950.5. MPC § 1-106.

With the exception of off-island orders of the Guam Public Library System, the Department of Education, and the University of Guam, no procurement shall be made under this Chapter which shall require advance payment. SOURCE: GC § 6950.6. New Section. Amended by P.L. 17-045:5 (Jan…

Notwithstanding 5 GCA § 5007 or any other provision of law, the Guam Memorial Hospital Authority may procure pharmaceuticals with advance payments. SOURCE: Added by P.L. 36-054:XII:38 (Sept. 11, 2021), renumbered by the Compiler pursuant to the authority of 1 GCA § 1606. 2021 NOT…

All procurement of supplies and services shall be made from among businesses licensed to do business on Guam and that maintain an office or other facility on Guam, whenever a business that is willing to be a contractor is: (a) a licensed bona fide manufacturing business that adds…

(a) Notwithstanding any other provision of law, in any procurement of horticultural products utilizing public funds, no less than seventy-five percent (75%) of the products to be procured shall be native to Guam or grown-in-Guam, except for horticultural products that are on the …

(a) In procuring services pursuant to 17 GCA § 7116, GDOE shall, subject to the provisions of this Chapter, grant a preference to a local business; and (b) In addition, five percent (5%) preference of the lowest Multi-Step Bidder for contracts under Five Hundred Thousand Dollars …

(a) The government of Guam shall purchase energy efficient products, to the maximum extent practicable, in accordance with Chapter 56 of Division 11, Title 22, Guam Administrative Rules and Regulations. (b) The Administrator of the Guam Environmental Protection Agency shall enfor…

This Chapter shall become effective at 12:01 A.M. on October 1, 1983, but shall be deemed effective immediately for purposes of planning and organization. SOURCE: GC § 6950.8. MPC § 1-109 modified. COMMENT: The Official Comments state: “The effective date of this Code should be s…

All procurements of supplies and services shall, where possible, be made sufficiently in advance of need for delivery or performance to promote maximum competition and good management of resources. Publication of bids and requests for proposals shall not be manipulated so as to p…

Notwithstanding any provision of law, and except for the procurement of professional services, if any entity of the government of Guam or any entity expending governmental funds intends to procure any supply or service, which is offered by a business concern that is at least fift…

A business concern is qualified under § 5011 of this Chapter if: (a) the business concern is licensed to do business on Guam; (b) the business concern maintains its headquarters on Guam; (c) the business concern is at least fifty-one percent (51%) owned by a service-disabled vete…

(a) Notwithstanding any other provision of law, if any entity of the government of Guam or any entity expending governmental funds intends to procure any supply or service which is offered by a business concern that is at least fifty-one percent (51%) owned by women, that entity …

Written determinations required by this Chapter shall be retained in the appropriate official file of the Chief Procurement Officer or the purchasing agency. SOURCE: GC § 6951. MPC § 1-201. SUBARTICLE C DEFINITIONS USED IN THIS CHAPTER

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, join…

(a) Policy Office Created. There is created in the Office of I Maga’håga/Maga’låhi the Procurement Policy Office which in this Chapter is referred to as the Policy Office. (b) Membership of the Policy Office. The Policy Office shall consist of three (3) officers or employees of t…

Except as otherwise provided in this Chapter, the Policy Office shall have the authority and responsibility to promulgate regulations, consistent with this Chapter, governing the procurement, management, control and disposal of any and all supplies, services and construction to b…

(a) There is within the Department of Administration the General Services Agency headed by the Chief Procurement Officer. (b) [No text] (1) The Chief Procurement Officer shall be uniquely responsible for the supervision and procurement of supplies and services as provided in this…

The Director of Administration shall establish minimum qualifications for the position of Chief Procurement Officer consistent with the critical procurement and management requirements of that office. Such qualifications shall consist of theoretical and practical knowledge of and…

(a) Tenure and Removal. (1) The Chief Procurement Officer holds a critical management position within the Department of Administration, but shall be a full-time classified employee, and may be removed from office in accordance with the procedures and causes of the Personnel Law, …

(a) Principal Contracting Officers of Guam. The Chief Procurement Officer of the General Services Agency, shall serve as the central procurement officer of Guam with respect to supplies and services. The Director of Public Works shall serve as the central procurement officer of G…

Works. (a) Subject to the regulations of the Policy Office, the Chief Procurement Officer or the Director of Public Works may delegate authority to designees or to any governmental body or official. (b) Procurement authority may not be delegated to any individual who is not requi…

The Inventory Revolving Fund is created and shall be maintained separate and apart from other government funds. The Chief Procurement Officer shall be the certifying officer of the Inventory Revolving Fund. The Fund shall be used for the purchase and replenishment of items to be …

Notwithstanding any other provision of Guam Procurement Law, the authority to procure supplies and services for the Guam Power Authority may be delegated by the Chief Procurement Officer only to the Guam Power Authority Board of Directors. SOURCE: Added by P.L. 25-168:2 (Oct. 19,…

Notwithstanding any other provision of Guam Procurement Law, the authority to procure supplies and services for the Guam Preservation Trust shall be delegated by the Chief Procurement Officer to the Board of Directors of the Guam Preservation Trust. SOURCE: Added by P.L. 27-089:6…

(a) Notwithstanding any other provision of the Guam Procurement Law, the authority to procure supplies and services and construction for the Guam Solid Waste Authority (GSWA) shall be delegated by the Chief Procurement Officer and the Director of the Department of Public Works to…

(a) Notwithstanding any other provision of law, the Department of Public Health and Social Services (DPHSS) is granted an increase in the small purchase procurement threshold not to exceed Two Hundred Fifty Thousand Dollars ($250,000). The Director of the Department of Public Hea…

(a) Notwithstanding any other provision of the Guam Procurement Law, the Executive Director of Mayors’ Council of Guam is granted procurement authority for procurement as defined by Title 5 GCA for purchases and contracts that do not exceed Five Hundred Thousand Dollars ($500,000…

The Department of Administration may employ an attorney to assist the General Services Agency, to be called the Procurement Counsel. The Director of Administration shall set the terms and conditions of employment for the attorney and determine his or her compensation consistent w…

The Chief Procurement Officer shall be directly responsive to any legislative inquiries and shall provide oral or written testimony on any matter relative to procurement to I Liheslaturan Guåhan without the approval of any executive branch official. SOURCE: Added by P.L. 31-093:4…

Except as otherwise provided in this Article, all rights, powers, duties, and authority relating to the procurement of supplies, services, and construction, and the management, control, warehousing of supplies, services, and construction now vested in, or exercised by, any govern…

(a) General Authority. For the purpose of procuring the services of accountants, physicians, lawyers, dentists, licensed nurses, other licensed health professionals and other professionals, any governmental body of Guam may act as a purchasing agency and contract on its own behal…

The General Services Agency shall procure supplies from the United States when the cost to the General Services Agency is less by ten percent (10%) than from other contractors. SOURCE: GC § 6954.8. New Section. See Government Code § 6117, E.O. 65-12A. Organic Act 21-A permits the…

(a) The General Services Agency shall purchase or lease all motor vehicles required for all government agencies as a fleet at least once every three (3) years. The Chief Procurement Officer shall maintain a vehicle purchase policy that considers the total cost of ownership that i…

Unless otherwise ordered by regulation of the Policy Office, with approval of I Maga’håga/Maga’låhi, the following supplies, and services need not be procured through the General Services Agency or the Department of Public Works, but shall nevertheless be procured by the appropri…

(a) Every governmental body which is in the purview of the Executive Branch, and including the Government of Guam Retirement Fund, Guam Community College, the University of Guam, the Department of Education, the Guam Memorial Hospital Authority, Guam Economic Development and Comm…

Bureau of Economic Security Program. The Women, Infants, and Children Program, and the Bureau of Economic Security Program of the Department of Public Health and Social Services are authorized to join or use the contracts of other states or other government units within the Unite…

The Division of Public Welfare of the Department of Public Health and Social Services is authorized to join or use the contracts of other states, other government procurement units, or not-for-profit entities comprising one or more states or government units, within the United St…

(a) Public Real Property and Related Facilities. From the effective date of this law, and notwithstanding any other provision of this Chapter, no commercial contract, lease, permit, or license for use of public real property, and related facilities by any non-governmental person …

Good Standing. Notwithstanding any other provision of law, a tenant who has a commercial lease of government property and has continuously occupied the government-leased property for at least five (5) years and has fully complied with all lease terms and conditions throughout suc…

(a) Regulations. Regulations shall be promulgated by the Policy Office in accordance with the applicable provisions of the Administrative Adjudication Law. (b) Policy Office Not to Delegate Power to Promulgate Regulations. The Policy Office shall not delegate its power to promulg…

Each governmental body and each named body in § 5125 of this Chapter shall adopt the procurement regulations promulgated pursuant to § 5130(a) of this Chapter to the extent such agency is subject to such regulations according to the terms of § 5125 of this Chapter. SOURCE: GC § 6…

[Codified as § 5247.1] NOTE: Added by P.L. 32-015:1 (Apr. 11, 2013) as 5 GCA § 5132. Codified by the Compiler as 5 GCA § 5247.1 pursuant to the authority granted by 1 GCA § 1606. SUBARTICLE E COORDINATION, TRAINING AND EDUCATION

The Chief Procurement Officer shall cooperate with the Bureau of Budget and Management Research and the Guam Auditor, or any successor agency, in the preparation of statistical data concerning the procurement, usage and disposition of all supplies and services, and employ such tr…

(a) Guam Community College Procurement Program. The Guam Community College (GCC, College) shall establish and administer an integrated program of academic, research, practical training, and continuing education, and provide the same on a full cost recovery basis, for government o…

The Attorney General, the Deputy Attorney General or such Assistant Attorneys General, or such Special Assistant Attorneys General as the Attorney General may designate, shall serve as legal counsel and provide necessary legal services to the Policy Office and the General Service…