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I iVIJ1VA 'TRENTAI KUATTRO NA LJHESLATURAN GUAHAN 2017 (FIRST) Regular Session

AN ACT TO AMEND§§ 5425, 5426, 5427, 5450, 5452, 5480, 5481, AND 5485(a) AND (b), ALL OF ARTICLE 9, CHAPTER 5, TITLE 5, GUAM CODE ANNOTATED; AND TO AllJEND §§ 5703, 5705, 5706(b), 5707(a) AND 5708, AND ADD A NEW§ 10, ALL OF ARTICLE 12, CHAPTER 5, TITLE 5, GUAi\11 CODE ANNOTATED, RELATIVE TO LEGAL AND CONTRACTUAL REMEDIES IN GUAM PROCUREMENT LAW.

BE IT ENACTED BY THE PEOPLE OF GUAM:

, uam lS

5425. Authority to Resoh'e Resolution of Protested Solicitations

and

to Protest. or ve , or

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( Authority Resolve Protests.

,,__ _____ ~+!he Chief Procurement Officer, Director of Publ \Vorks,

3 the head of a purchasing the agency or a designee of one

4 of shall have the authority, prior to the

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6 and an or

7 or prospective, concerning the solicitation or award of a contract. This authority

8 shall be exercised in accordance with regulations promulgated by the Policy

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Officer,

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(d)

this

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e.f-i-ts right administrative and j review.

of Decision. A of the ision under Subsection ( c)

mailed or othen,vise ished · to ----~

' adversely affected by the decision commences an action in the Superior Court

3 in accordance 'vVith Subsection (a) of §5480 of this Chapter.

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In the event of a timely protest

or

to

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) Aabsent declaration by

the protestant has two

(exclusive of territorial

); and

3) IS or

Public or the

or if no such protest is pending, no protest to the Public

Auditor of such determination is filed prior to expiration of the two (2) day

n (2)

was not; or

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) there is a reasonable likelihood that protestant m

awarded the contract but for the breach any ethical obligation

imposed by Subarticle B of Article 11 this Chapter or or

violation of any applicable

Public

including reasonable

or

the

including to include its autonomous agencies and public corporations, or

by any protestant or interested party, against a protestant upon its finding

Section

to

''§

5,

Authority to Debar or Suspend.

Code

contracts.

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em

shall not be a period

to debar or suspend shall be exercised in

by the Policy Office.

or

3)

WI

( 1) conviction comm1ss10n a criminal offense as an

to obtaining or attempting to obtain a private or

orm or

or anv other ' .; indicating a

integrity or business honesty which and

affects responsibi

3) statutes

or

or

(B) a 'lure or

one

to

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beyond the

contractor

caused

not be considered a basis for debarment~

cause

Public \Vorks1 or the head a purchasing

determmes to be so serious and compelling as to affect

as a fef'FIBW+tH _;:;:~=

cause l

(6 of ethical standards m

a frivolous or fraudulent or

f)or )

or

on

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suspended person2 party

Decision. A decision under Subsections ( c) or ( of this

final cone un fraudulent, or an appeal is

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Procurement Officer, the Director of Public Works, or the head

on to de bar or

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4 Section 3.

·'§ 5427.

7 Controversies.

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A ppr

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Authority to Resolve Contract and Breach of Contract

lity. This Section applies to controversies between the

a

inc udes1 without limitation1

misrepresentation, or other

a

reasons

anse or

for

lC

') contractor of

2 review as provided in this Chapter.

Notice of Decision. A copy of

4 ( ) Section

7 immediately provided to

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1 l Public

to J

decision under Subsection

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Director of Works, the

one

s

Applicability of this Part.

Su It JS

, or or or

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is in violation

Section 5. § 5452 of Article Chapter 5, Title Code Annotated, is

to as fol

5452. Remedies After an Award.

an it is ined

violation of law, then:

if the person awarded the contract has not acted

or in bad

or

the contract be term· nated and person

awarded the contract shall be the

incurred under a

or m

to

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4 Section 6. § Subarticle D, Article 9, , Title 5,

as

5480. \Vaiver of Sovereign Immunity bv Grant of Jurisdiction

7 in Connection with Contracts Controversies Arising Under Part A of this

8 Article.

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13 regulations, and terms and conditions of the solicitation

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or

or

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4 Annotated, is to

Subarticle D, Article 9, Chapter 5, Title 5,

foliows·

5481. Time Limitations on Actions.

A

(

5 c) thi

Code

a

3 (d) lim on actions provided by Section are tol

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Section

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"(a complaint by any member of the the Superior Court has

8 jurisdiction enjoin a governmental body from withholdmg procurement data

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matter

camera

or any part thereof withheld under the

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answer or

service of

court t+H--------

.Jurisdiction of the Public Auditor.

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Pub! Auditor the to revievv

matter properly subm to or p

J over disputes having to do with

Public A

Auditor shall the to compel

and of documents by any

or contractor

be utilized to promote

of Title 5 GCA Chapter 5."

Section 1 L § 5705 of Article P 5,

determine

uditor

or

Public

and testimony of,

of Guam,

IC

procurement

Suspension or Debarment Proceedings.

§ 5 applies

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was

Section l

to

fi

Section I

the and

government or autonomous ic corporation,

Public uditor issue her or his decision 0

of the issue.

~ .:::106< ';J ,,,,_,! \ 5, uam

as follows:

Time Limitation on Fiiing an Appeal. The contractor

his/her an appeal the Public Auditor vvithin

or

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Discontinuance of Contractor's ppeat

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7 of the procurement svstem and an unconscionable prejudice on an intervening

8 After notice of an appeal to the Public Auditor has been filed by the Chief

9 Pub I or the ¥HFe-ArH:S-1-R-2'

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Section 15. ne\v § 5710 is hereby to Article Chapter 5, 5~

Annotated, to as follows:

"§ 5710. Promulgation of Regulations bv the Office of Public

Section 16. Severability. lf this or ts

IS to invalid or to

or can

sions or application, to end s are

3 Section 17. Effective Date. s one h

4 180 to controversies fi or

prior