Guam
Administrative Fees:
Administrative Fees on State Contracts
Disclaimer:
This information is self-reported by the state via the Survey of State Procurement Practices
State authority to conduct best value procurement (BVP)
Best Value Procurement Definition:
Best Value Procurement Definition
Definition of Best Value Procurement:
No
Protest Procedure:
Protest Procedure
Status:
Statutory Guidance
Citation:
GCA 5-9-A-§5425
Citation Language:
(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 contract, may protest to the Chief Procurement Officer, the Director of Public Works or the head of a purchasing agency. The protest shall be submitted in writing within fourteen (14) days after such aggrieved person knows or should know of the facts giving rise thereto.
Statutory, regulatory, and procedural guidance for bid responsiveness
Bid Responsiveness:
Bid Responsiveness Definition
Citation:
GCA 5-3-A-§5201
Citation Language:
(g) Responsive Bidder means a person who has submitted a bid which conforms in all material respects to the Invitation for Bids.
Definition:
Yes
Statutory, regulatory, and procedural guidance for bidder responsibility
Responsible Bidder Definition:
Responsible Bidder Definition
Definition:
Yes
Citation:
GCA 5-3-A-§5201
Citation Language:
(f) Responsible Bidder or Officer means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.
Name:
Commodity Code
Commodity Code:
NAICS
Name:
Competitive Thresholds
Formal/Competitive Sealed Bidding:
$25,000 for supplies and services; $100,000 for construction\*
Citation:
5GCA § 5210
Citation Language:
(a) Unless otherwise authorized by law, all territorial 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; (2)Section 5213 of this Article; (3)Section 5214 of this Article; (4)Section 5215 of this Article; (5)Section 5216 of this Article for services specified in § 5121 of this Chapter; or (6)Section 5217 of this Article
Comments:
* All solicitations must be competitive, but small purchasing procedures can be used below the designated thresholds.
Small Purchases/Informal Purchasing:
$25,000 for supplies and services; $100,000 for construction
Citation 2:
5GCA § 5213
Citation Language 2:
Small Purchases. 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 procedures promulgated by the Policy Office; provided, however, that procurement requirements shall not be artificially divided so as to constitute a small purchase under this Section. The Chief Procurement Officer, the Director of the Department of Public Works, or the head of an agency utilizing this Section, shall submit a report to the Speaker of I Liheslaturan Guåhan monthly as to procurement exceeding Fifteen Thousand Dollars ($15,000) for supplies and services, or exceeding Fifty Thousand Dollars ($50,000) for construction, pursuant to this Section.
Statutory, regulatory, and procedural guidance for contract claims before a specialized body
Contract Claims Procedure:
Contract Claims Procedure
Status:
Statutory Guidance
Citation:
GAR 2-4-12-§12103
Citation Language:
(a) The Public Auditor shall have the power to review and determine de novo any matter properly submitted to her or him. The Public Auditor shall not have jurisdiction over disputes having to do with money owed to or by the government of Guam. No prior determination shall be final or conclusive on the Public Auditor. The Public Auditor shall have the power to compel attendance and testimony of, and production of documents by, any employee of the government of Guam, including any employee of any autonomous agency, public corporation or board or commission. The Public Auditor may consider testimony and evidence submitted by any competing bidder, offeror or contractor of the Appellant. The Public Auditor’s jurisdiction shall be utilized to promote the integrity of the procurement process and the purposes of 5 GCA Chapter 5.
Statutory, regulatory, and procedural guidance for contract claim appeals before a specialized body
Administrative Contract Claims Appeals:
Administrative Contract Claims Appeals
Status:
Statutory Guidance
Citation:
GAR 2-4-12-§12101
Citation Language:
These Rules of Procedure are promulgated under the authority of 5 GCA Chapter 5, Article 12, and Public Law 28-68, which gives the Public Auditor the duty to be in control of and be responsible for procurement Appeals in Guam, and the authority to adopt rules of procedure pursuant to 5 GCA § 5701. These rules shall be construed and applied to provide for the expeditious resolution of controversies in accordance with the requirements of 5 GCA Chapter 5 (Guam Procurement Law) and the Guam Procurement Regulations contained in 2 GAR Division 4.
eProcurement:
eProcurement
The rules concerning the size and composition of evaluation committees for formal solicitations
Eval Committees:
Evaluation Committees
Evaluation Team Requirements:
No official guidance
State entity with the statutory authority and oversight for the purchasing of goods and services
Goods and Services Procurement Entity:
Goods and Services Procurement
Entity:
Central Procurement Office
Citation:
GCA 5-2-B-§5113
Citation Language:
(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 Guam with respect to construction. (b) Power to Adopt Operational Procedures. Consistent with the provisions of this Chapter, the Chief Procurement Officer and the Director of Public Works may adopt operational procedures governing the internal functions of their procurement operations. (c) Duties. (1) Except as otherwise specifically provided in this Chapter, the Chief Procurement Officer shall, in accordance with regulations promulgated by the Policy Office: (A) procure or supervise the procurement of all supplies and services needed by Guam; (B) exercise general supervision and control over all inventories of supplies belonging to Guam; and (C) establish and maintain programs for the inspection, testing and acceptance of supplies and services. (2) Except as otherwise specifically provided in this Chapter, the Director of Public Works shall, in accordance with regulations promulgated by the Policy Office: (A) procure or supervise the procurement of all construction needed by Guam; and (B) establish and maintain programs for the inspection, testing and acceptance of construction.
State authority to conduct multistep competitive sealed bidding
Authorization for Multi-Step Competitive Sealed Bidding:
Authorization for Multi-Step Competitive Sealed Bidding
Status:
Full Authorization
Citation:
GAR 2-4-3-§3109
Citation Language:
(a) Application. The provisions of this Section apply to every procurement made by competitive sealed bidding, including multi-step bidding.
Name:
Nonprofit Usage of Statewide Contracts
Authorization:
No
Organizational location for the dedicated procurement attorney assigned to assist with and review purchasing and contracts.
Official state procurement website for public
Public Link to Official State Procurement Website:
State Procurement Website
Public Link:
Statutory, regulatory, or procedural guidance for protest appeals before a specialized body
Administrative Protest Appeals:
Administrative Protest Appeals
Status:
Statutory Guidance
Citation:
GAR 2-4-12-§12108
Citation Language:
(a) Request for Hearing. In all Appeals to the Public Auditor of suspension or debarment, a hearing shall be conducted. In all other Appeals, including Appeals of protests or contract disputes, the parties shall either request a hearing in writing or waive their right to a hearing and submit the case on the record without a hearing. Request for a hearing shall be made prior to the expiration of the time period allowed for filing comments on the agency report, and shall be in a form substantially similar to Appendix D to this Chapter. Except in unusual circumstances, requests for a hearing received after such time will not be honored.
The required time between the issuance of a formal solicitation and the scheduled opening of bids or proposals
Public Notice:
Public Notice
Formal Solicitation - Minimum Window for Proposals/Bids:
7 Days
Citation:
GAR 2-4-3-§3109
Citation Language:
Every procurement in excess of $25,000 shall be publicized at least once and at least seven (7) days before the final date of submission of bids
State authority to conduct reverse auctions
Authorization for Reverse Auction:
Authorization for Reverse Auctions
Status:
No Authorization
Official state procurement manual available to public
Public Link to State Procurement Manuals:
State Procurement Manual
Awarded contracts as provided by each state
Link to State-Wide Contracts:
State-wide contracts
Information for suppliers as provided by each state
Link to Supplier Registration:
Supplier Registration
Supplier Registration Link:
https://www.guamvisitorsbureau.com/procurement-finance-administration/procurement
State entity with the statutory authority and oversight for the purchasing of technology
Technology Procurement Entity:
Technology Procurement Entity
Entity:
State Central Procurement Office
Citation:
GCA 5-2-C-§5121
Citation Language:
(c) Approval of Contracts Generally. The Chief Procurement Officer, or his designee, or a procurement officer of an agency authorized to procure the services or supplies in question, as stated in the Rules promulgated by the Policy Office, shall execute all contracts for the government of Guam. The Chief Procurement Officer may approve standard form contracts or purchase orders which shall include a demonstration of compliance with §§ 5801 & 5802 of this Chapter, where applicable, and once such approval of the standard form is given, contracts or purchase orders made on such form may be executed without the further approval of the Chief Procurement Officer unless he has reserved such power of approval pursuant to the applicable rules promulgated by the Policy Office.
