5 Guam Code Ann. § 5127
Terms Used In 5 Guam Code Ann. § 5127
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Contract: A legal written agreement that becomes binding when signed.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Oversight: Committee review of the activities of a Federal agency or program.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) Any contract, lease, permit or license made, renewed or extended in violation of this law shall become void upon the fifth (5th) anniversary of the making of such contract, lease, permit, or license.
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(2) This limitation shall not apply to residential and agricultural leases to beneficiaries under the Chamorro Land Trust.
(3) Any such contract, lease, permit, or license shall mean a “”lease of real property”” and not the lease of supplies as that term is used in § 5030(u) of this Chapter.
(b) Exceptional Term Contracts. The Chief Procurement Officer, the Director of Public Works, or the head of a purchasing agency, as authority may exist therefore, may solicit a contract for a term longer than otherwise allowed by this Section (an “”Exceptional Term Contract””).
(1) Prior to soliciting any Exceptional Term Contract, I Maga’låhi (the Governor) or, in the case of an autonomous agency, the Board of Directors, shall make a written Determination of Need justifying by a quantifiable sum an Exceptional Term Contract, and specifying the full term, inclusive of extensions, options and renewals, for such contract, and provide a copy of such Determination of Need to the Speaker of I Liheslaturan Guåhan.
(2) No Exceptional Term Contract shall be solicited unless a Determination of Need is obtained from I Maga’låhi (the Governor) or, in the case of an autonomous agency, the Board of Directors.
(3) A written Determination of Need shall be valid for two (2) years or until an Exceptional Term Contract is executed to fill the stated need, whichever comes first.
(c) Subsequent to transmitting a Determination of Need to the Speaker of I Liheslaturan Guåhan, a notice of solicitation shall be published as provided in § 5211(c) of Subarticle B of Article 3 of this Chapter, such notice to conspicuously note the solicitation is for an Exceptional Term Contract, and specifying the term thereof, as well as the date of the proper Determination of Need. Any Exceptional Term Contract made in violation of this Section shall be void.
(d) Legislative Approval Required for Exceptional Term
Contracts. Subsequent to satisfying the requirements of this §
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5127, the commercial contract, lease, permit, or license for use of public real property and related facilities shall be transmitted to I Liheslaturan Guåhan for approval or disapproval, in whole.
(1) I Liheslaturan Guåhan shall take action to approve or disapprove the commercial contract, lease, permit, or license within sixty (60) calendar days from the date of filing with the Speaker.
(2) A public hearing shall be conducted by the Chairperson of the Legislative Committee having oversight jurisdiction during the sixty (60)-day review period, and said Committee shall report its findings and recommendations to I Liheslaturan Guåhan.
(3) The sixty (60) day period allowed for I Liheslaturan Guåhan to approve or disapprove the contract, lease, permit, or license shall be tolled from the time that a public hearing is noticed and until a Committee Report is completed.
(4) Legislative approval shall be by enactment into law. (e) The solicitation and award of any such contract, lease,
permit, or license shall be conducted as provided in this Chapter, and the Determination of Need shall be a part of such record and subject to § 5251 of this Chapter, along with any modification, amendment, exercise of option or renewal, or extension of such contract, lease, permit, or license.
SOURCE: Added by P.L. 32-040:2 (June 11, 2013) as 5 Guam Code Ann. § 5351. Codified to this section pursuant to authority granted by 1 Guam Code Ann. § 1606. Amended by P.L. 34-099:1 (May 16, 2018).
2018 NOTE: Subsection/subitem designations altered/added pursuant to authority granted by 1 Guam Code Ann. § 1606.
2014 NOTE: Pursuant to the authority granted by § 1606, references were altered to reflect the existing codification structure.
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SUBARTICLE D
GUAM PROCUREMENT REGULATIONS