Title 5 — Government Operations

(a) A Critical Procurement Contract is a contract solicited as contemplated in the Guam Procurement Law, 5 Guam Code Annotated Chapter 5, and meets the following criteria: (1) the solicitation is one which is integral to the timing of the planning, development, construction, fina…

(a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who may be aggrieved in connection with the method of source selection, solicitation or award of a Critical Procurement Contract, may protest to the Chief Procurement Officer, the Director of Public Wo…

The provisions of this Subarticle apply where it is determined administratively, or upon administrative or judicial review, that a solicitation or award of a contract is in violation of law. SOURCE: GC § 6976. MPC § 9-201. Amended by P.L. 18-044:14 (Nov. 14, 1986). COMMENT: This …

If prior to award it is determined that a solicitation or proposed award of a contract is in violation of law, then the solicitation or proposed award shall be: (a) cancelled; or (b) revised to comply with the law. SOURCE: GC § 6976.l. MPC § 9-202. COMMENT: This Section restates,…

(a) If after an award it is determined that a solicitation or award of a contract is in violation of law, then: (1) if the person awarded the contract has not acted fraudulently or in bad faith: (A) the contract may be ratified and affirmed, provided it is determined that doing s…

Interest on amounts ultimately determined to be due to a contractor or Guam shall be payable at the statutory rate applicable to judgments from the date the claim arose through the date of decision or judgment, whichever is later. SOURCE: GC § 6977. MPC § 9-301. 2023 NOTE: Refere…

(a) Solicitation and Award of Contracts. The Superior Court of Guam shall have jurisdiction over an action between Guam and a bidder, offeror, or contractor, either actual or prospective, to determine whether a solicitation or award of a contract is in accordance with the statute…

(a) Protested Solicitations and Awards. Any action under § 5480(a) of this Chapter shall be initiated within fourteen (14) days after receipt of a final administrative decision. (b) Debarments and Suspensions for Cause. Any action under § 5480(b) of this Chapter shall be commence…

(a) On complaint by any member of the public, the Superior Court has jurisdiction to enjoin a governmental body from withholding procurement data and to order the production of any government data improperly withheld from the complainant. In such a case, the court shall determine…

Where a procurement involves the expenditure of federal assistance or contract funds, or other federal funds as defined by Section 20 of the Organic Act of Guam, all persons within the government of Guam shall comply with such federal law and regulations which are applicable and …

As used in this Chapter: (a) “Blind Trust” means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust. COL…

(a) Public employment is a public trust. It is the policy of Guam to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by Guam. Such policy is implemented by prescribing essenti…

(a) General Ethical Standards for Employees. Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employee’s duties is a breach of a public trust. In order to fulfill this general prescribed standard, employees mu…

To the extent that violations of the ethical standards of conduct set forth in this Article constitute violations of Title 9 of the Guam Code Annotated (Crimes and Corrections), they shall be punishable as provided therein. Such sanctions shall be in addition to the civil remedie…

(a) Conflict of Interest. It shall be a breach of ethical standards for any employee to participate directly or indirectly in a procurement when the employee knows that: (1) the employee or any member of the employee’s immediate family has a financial interest pertaining to the p…

(a) Disclosure of Benefit Received from Contract. Any employee who has, or obtains any benefit from, any Guam contract with a business in which the employee has a financial interest shall report such benefit to the Civil Service Commission; provided, however, that this Section sh…

(a) Gratuities. It shall be a breach of ethical standards for any person to offer, give or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept or agree to accept from another person, a gratuity or an offer of employment…

(a) Contingent Fees. It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a Guam contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except for retention of bona fide …

(a) Contemporaneous Employment Prohibited. Except as may be permitted by regulations pursuant to this Chapter or pursuant to Title 4 GCA, or rulings of the Civil Service Commission pursuant to this Chapter, it shall be a breach of ethical standards for any employee who is partici…

It shall be a breach of ethical standards for any employee or former employee knowingly to use confidential information for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person. SOURCE: GC § 6980.9. MPC § 12-209. SUBARTICLE C REM…

(a) Existing Remedies Not Impaired. Civil and administrative remedies against employees which are in existence on the effective date of this Chapter shall not be impaired. (b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standards of this Chap…

Standards. (a) Existing Remedies Not Impaired. Civil and administrative remedies against non- employees which are in existence on the effective date of this Chapter shall not be impaired. (b) Supplemental Remedies. In addition to existing remedies for breach of the ethical standa…

(a) General Provisions. The value of anything transferred or received in breach of the ethical standards of this Chapter or regulations promulgated hereunder by an employee or a non- employee may be recovered from both the employee and non-employee. (b) Recovery of Kickbacks by G…

In addition to the authority and duties of the Policy Office established under § 5101 of this Chapter, such office is hereby given the functions required under this Chapter with regard to non-employees and the Civil Service Commission is hereby given the functions required with r…

(a) Regulations. The Civil Service Commission shall promulgate regulations to implement this Chapter with regard to employees. The Procurement Policy Office shall promulgate regulations to implement this Chapter with regard to non-employees, contractors and subcontractors and the…

(a) General. Except as provided under Subsections (b) and (c) of this Section, a decision of the Policy Office under § 5481 of this Chapter shall be reviewable in accordance with the Administrative Adjudication Law of Guam. The opinions of the Civil Service Commission shall be re…

(a) The Public Auditor shall adopt rules of procedure, which, to the fullest extent possible, will provide for the expeditious resolution of controversies in accordance with the requirements of this Chapter. (b) The Public Auditor shall have the authority to appoint a hearing off…

The Public Auditor shall issue a decision in writing or take other appropriate action on each appeal submitted. A copy of any decision shall be provided to all parties, and, as appropriate, the Chief Procurement Office, the Director of Public Works and the head of a purchasing ag…

(a) The Public Auditor shall have the power to review and determine de novo any matter properly submitted to her or him. COL 2026-04-23 (b) The Public Auditor shall not have jurisdiction over disputes having to do with money owed to or by the government of Guam. (c) Notwithstandi…

(a) Any determination of an issue or a finding of fact by the Public Auditor shall be final and conclusive unless arbitrary, capricious, fraudulent, clearly erroneous, or contrary to law. (b) Any decision of the Public Auditor, including any determination regarding the applicatio…

(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…

(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…

(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…

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.”

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…

(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…

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…

(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…

(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…

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)…

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…

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.

(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…

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…

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.

The Council shall provide annual reports to the Speaker of I Liheslaturan Guåhan and I Maga’hågan/Maga’låhen Guåhan.

(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…

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 …

This Chapter shall be known as the Government Claims Act. SOURCE: GC § 6500.00. Repealed and reenacted by P.L. 17-029:1 (Nov. 9, 1983). Codified as 5 GCA § 6101. COMMENT: The name of this Chapter is unchanged since the fundamental purpose of this Act is to continue the policies o…

This Chapter applies, except as provided in Section 6104 of the Chapter, to the entire government of Guam, as specifically stated herein. No government agency, whether denominated as a line department, an agency or a public corporation, is excluded from the scope of this Chapter.…