Title 5 — Government Operations

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…

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 …