5 Guam Code Ann. § 5030
Terms Used In 5 Guam Code Ann. § 5030
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(a) Business means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
(b) Change Order means a written order signed by the Procurement Officer, directing the contractor to make changes which the changes clause of the contract authorizes the Procurement Officer to order without the consent of the contractor.
(c) Chief Procurement Officer means the person holding the position created in § 5110 of this Chapter, as the head of the central procurement office of Guam.
(d) Contract means all types of territorial agreements, regardless of what they may be called, for the procurement or disposal of supplies, services or construction.
(e) Contract Modification means any written alteration in specifications, delivery point, rate of delivery, period of performance, price, quantity or other provisions of any contract accomplished by mutual action of the parties to the contract.
(f) Contractor means any person having a contract with a governmental body.
(g) Construction means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation, routine repair, or routine maintenance of existing structures, buildings, or real property.
(h) Data means recorded information, regardless of form or characteristic.
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(i) Designee means a duly authorized representative of a person holding a superior position.
(j) Employee means an individual drawing a salary from a governmental body, whether elected or not, and any noncompensated individual performing personal services for any governmental body.
(k) Governmental Body means any Department, Commission, Council, Board, Bureau, Committee, Institution, Agency, Government Corporation, Authority or other establishment or establishment or official of the Executive Branch of the government of Guam, except for the Government of Guam Retirement Fund, Guam Community College, the University of Guam, the Department of Education, and the Guam Memorial Hospital Authority.
(l) Grant means the furnishing by Guam of assistance, whether financial or otherwise, to any person to support a program authorized by law. It does not include an award whose primary purpose is to procure an end product, whether in the form of supplies, services or construction; a contract resulting from such an award is not a grant but a procurement contract.
(m) May denotes the permissive.
(n) Person means any business, individual, union, committee, club, other organization or group of individuals.
(o) Procurement means buying, purchasing, renting, leasing or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.
(p) Procurement Officer means any person duly authorized to enter into and administer contracts and make written determinations with respect thereto. The term also includes an authorized representative acting within the limits of authority.
(q) Purchasing agency means any governmental body other than the Chief Procurement Officer or the Director of Public Works which is authorized by this Chapter or its implementing
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regulations, or by way of delegation from the Chief
Procurement Officer, to enter into contracts.
(r) Regulation shall have the meaning given in the
Administrative Adjudication Law.
(s) Services means the furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include any form of employment relationship with the government or collective bargaining agreements. Services also includes printing and processing for printing finished products, such as books, reports, and other items which are, when delivered in finished form and are not to be further processed by the using agency.
(t) Shall denotes the imperative.
(u) Supplies means all property, including but not limited to equipment, materials, printing of forms, stationery and the like which are designed for further use or processing by the using agency, insurance, and leases of real property, excluding land and a permanent interest in land.
(v) Using agency means any governmental body of Guam which utilizes any supplies, services or construction procured under this Chapter.
(w) Entity means any department, agency, board, commission, instrumentality, public corporation or branch of the government of Guam and any corporation or person expending funds appropriated from the Government of Guam.
(x) Emergency means a condition posing an imminent threat to public health, welfare, or safety, or the health and safety of the environment, which could not have been foreseen through the use of reasonable and prudent management procedures, and which cannot be addressed by other procurement methods of source selection.
SOURCE: GC § 6952. MPC § 1-301 modified. Subsection (k) amended by P.L. 17-027:2 (Nov. 7, 1983), P.L. 17-043:2 (Jan. 18, 1984), P.L. 29-
109:10 (Aug. 26, 2008). Subsection (w) added by P.L. 18-015:X:27 (Sept.
28, 1985); amended by P.L. 18-032:6 (Apr. 24, 1986). Subsection (x)
added by P.L. 18-044:26 (Nov. 14, 1986), amended by P.L. 35-109:2 (Oct.
30, 2020).
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2022 NOTE: References to “”Territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.
COMMENT: 1. The definition of Change Order does not preclude the Procurement Officer from seeking the consent of a contractor to a change order.
2. Collective Bargaining Agreements are excluded from this Chapter because they are part of employment, not procurement.
3. The definition of services includes what are now known as consultant agreements, and retainer agreements with attorneys, but does not include contracts of employment, such as the two-year or longer off- island employment agreements, or agreements to employ returning residents in the government.
4. Services include the printing of books, codes, etc., which are delivered finished. Supplies include printing of such things as forms, stationery, envelopes and the like which are used by an agency in its work, or are given to the public for further processing, such as applications or tax returns. The reason for differentiating the two types of printing is that the amount of labor and time involved, and the types of processes involved in printing books, etc., is greater and involves more than the mere delivery of a product. It may involve one contract for the entire production of a publication from design, writing through printing and delivery, or it may involve one contract for each phase of the work. In any event, printing of a finished product is of a different quality and type of procurement than the procuring of stationery and what is commonly referred to as office supplies.
COMMENT: Reference to Department of Education changed to Guam
Public School System pursuant to P.L. 28-045:10 (June 6, 2005).
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ARTICLE 2
PROCUREMENT ORGANIZATION
Subarticle A. Procurement Policy Office. Subarticle B. General Services Agency.
Subarticle C. Organization of Public Procurement. Subarticle D. Guam Procurement Regulations.
Subarticle E. Coordination, Training and Education. Subarticle F. Duties of the Attorney General.
SUBARTICLE A PROCUREMENT POLICY OFFICE
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