Title 5 — Government Operations

The Director or equivalent officer of each agency and instrumentality of the government of Guam shall establish an operational continuity plan. (a) Each such plan shall be reviewed annually for adequacy and so ratified by the governing board or, in the absence of a governing boar…

The courts of Guam shall be constituted as provided in Title 7, Guam Code Annotated. SOURCE: GC § 29000. NOTE: The Code of Civil Procedure is now codified as Title 7 of the Guam Code Annotated. ----------

This Chapter may be cited as The Executive Budget Law. SOURCE: GC § 5150 added by P.L. 12-115. COL1312018

It is the purpose of this Chapter to establish a comprehensive system for territorial program and financial management which furthers the capacity of the Governor and Legislature to plan and finance the services which they determine the Territory will provide its citizens. The sy…

The fiscal year of the Government of Guam shall be October 1st through September 30th. SOURCE: Added by P.L. 14-132:V:13 to implement the amendment of Section 11 of the Organic Act relative to conforming the Government of Guam’s fiscal with that of the federal government. Impleme…

I Maga’lahen Guåhan shall direct the preparation and administration of the Annual Operating Budget for the government of Guam. He shall evaluate the long range program plans, request budget and alternatives to agency policies and programs; and formulate, and recommend for conside…

Unless otherwise specified in the Annual or Supplemental Budget Act, I Maga’låhen Guåhan is authorized to transfer to the General Fund any cash available from any appropriated Special Fund to fund the appropriations authorized by the Annual or Supplemental Budget Act. All cash am…

The Legislature shall: (a) Consider the program and financial plan recommended by the Governor, including proposed goals and policies, recommended budget, revenue proposals and proposed long-range program plans. (b) Adopt programs and alternatives to the plan recommended by the G…

Research. The Bureau of Budget and Management Research shall: (a) Assist the Governor in the preparation and explanation of the proposed comprehensive program and financial plan, including the coordination and analysis of territorial agency program goals and objective, program pl…

(a) Each department or agency of the Government (other than the Legislature and the courts), on the date and in the form and content prescribed by the Bureau of Budget and Management Research shall prepare and forward to the Bureau of Budget and Management Research the following …

(a) I Maga’låhi (the Governor) shall formulate the program and financial plan to be recommended to I Liheslatura (the Legislature) after considering the government agency proposed program and financial plans, and other programs and alternatives that he deems appropriate. The plan…

The Legislature shall consider the Governor’s proposed comprehensive program and financial plan; evaluate alternatives to the Governor’s recommendations; and determine the comprehensive program and financial plan to support the services to be provided the citizens of the Territor…

(a) Except as limited by policy decisions of I Maga’lahi (the Governor), appropriations by I Liheslatura (the Legislature), and other provisions of law, the territorial agencies shall have full authority for administering their program service assignments, and shall be responsibl…

(a) Each territorial agency (other than the Legislature and the courts), shall submit a performance report to the Bureau of Budget and Management Research on or before September 1 for the preceding fiscal year. These reports shall be in the form prescribed by the Bureau of Budget…

In order to insure that appropriations are made only for agencies and programs, or projects, authorized by law, appropriation bills shall be separate from bills creating an agency of Government or authorizing a new program or new project. In the submission of annual budgets under…

All agencies shall submit requests for supplemental appropriations on or before January 10 of the fiscal year for which the funds are requested except that for every fourth year, beginning in fiscal year 1979, the deadline shall be extended to April 10. The Legislature shall act …

No new program created by the Legislature or by any department, commission or agency shall have force or effect unless funding for such program is appropriated from local funds to finance the cost of implementing such program. SOURCE: GC § 5162 added by P.L. 15-048:V:6. NOTE: The…

Funds other than appropriated funds may be used for the operation of a government program and activity, provided, that the Legislature, by resolution, shall first give its approval to said program or activity. COL1312018 SOURCE: GC § 5163 added by P.L. 15-048:V:6. NOTE: The Legis…

The provisions of § 4113 and § 4114 of this Chapter shall not apply to the Guam Power Authority, Guam Waterworks Authority, Guam Memorial Hospital Authority, Jose D. Leon Guerrero Commercial Port, Guam Housing and Urban Renewal Authority, Guam Housing Corporation, A. B. Won Pat I…

Each Executive Branch agency, department, instrumentality, commission, board or any organized unit thereof, including any semi- autonomous, autonomous or line agency or department, shall prepare and transmit to I Liheslaturan Guåhan a listing of mandates, both funded and un-funde…

(a) Agency shall mean each and every line department of the Executive Branch, each autonomous/semi-autonomous agency, public corporation or instrumentality of the government of Guam, every educational institution whether secondary or post secondary, the Judicial Branch, the Publi…

The Director of Administration shall certify and submit to I Maga’lahen Guåhan, the Speaker of I Liheslaturan Guåhan, and the Director of the Bureau of Budget and Management Research the following reports, which shall also be certified by the Treasurer of Guam: (a) Treasurer of G…

Changes in Fund Balance Report. The Director of the Department of Administration shall submit a Quarterly Statement of Revenues, Expenditures and Changes in Fund Balance Report to I Maga’låhen Guåhan and the Speaker of I Liheslaturan Guåhan, in a Microsoft Excel file and written …

Funds and Bond Proceeds Trust Accounts. The Director of the Department of Administration shall submit a monthly report of beginning cash balances, cash deposits, cash withdrawals, and ending cash balances of the government of Guam COL1312018 General Fund, Special Funds, Bond Proc…

Budgeting. (a) The heads of the Department of Administration, the Bureau of Budget and Management Research, the Department of Revenue and Taxation, the Department of Public Works, the Department of Parks and Recreation, the Department of Land Management, the Department of Agricul…

Any branch, agency, instrumentality, public corporation, board or commission that submits a budget request to I Liheslaturan Guåhan shall post its budget request on its website within five (5) days following the submission to I Liheslatura. The agency shall, to the extent possibl…

In the event that the annual operating budget for the government of Guam expires and no new annual operating budget has been enacted into law in accordance with the Organic Act, or rolled over from the previous year, then the salary of I Maga’lahen Guåhan, shall be suspended and …

[Stricken.] SOURCE: Added as uncodified law by P.L. 32-068:XII:14 (Sept. 11, 2013), COL1312018 codified by the Compiler to this section, and stricken pursuant to P.L. 32- 181:XIII:19 (Sept. 5, 2014).

(a) Definitions. As used in this Section: (1) Designated state agency means an agency or authority of the government of Guam; and includes a department, institution, board, bureau, commission, council, committee of Guam government, branch, autonomous instrumentality, public corpo…

(a) The Director of the Department of Revenue and Taxation shall prepare a monthly Consolidated Tax Collections Report (CTCR), excluding any identifying information regarding any taxpayer, which shall report the aggregate monthly activity of the Collection Branch of COL1312018 th…

(a) Interpretation. This Chapter shall be construed and applied to promote its underlying purposes and policies. (b) Purposes and Policies. The underlying purposes and policies of this Chapter are: (1) to simplify, clarify, and modernize the law governing procurement by Guam; (2)…

Unless displaced by the particular provisions of this Chapter, the principles of law and equity, including the Uniform Commercial Code of Guam, the law merchant, and law relative to capacity to contract, agency, fraud, misrepresentation, duress, coercion, mistake, or bankruptcy s…

This Chapter requires all parties involved in the negotiation, performance, or administration of Guam contracts to act in good faith. SOURCE: GC § 6950.2. MPC § 1-103. 2024 NOTE: Reference to “territorial” replaced with “Guam” pursuant to 1 GCA § 420. COL 2026-04-23

(a) General Application. This Chapter applies only to contracts solicited or entered into after the effective date of this Chapter unless the parties agree to its application to a contract solicited or entered into prior to the effective date. (b) Application to Guam Procurement.…

[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…