5 Guam Code Ann. § 5480
Terms Used In 5 Guam Code Ann. § 5480
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- 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.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(b) Debarment or Suspension. The Superior Court shall have jurisdiction over an action between Guam and a person who is subject to a suspension or debarment proceeding, to determine whether the debarment or suspension is in accordance with the statutes and regulations. The Superior Court shall have such jurisdiction, in actions at law or in equity, and whether the actions are for declaratory, or other equitable relief.
(c) In addition to other relief and remedies, the Superior Court shall have jurisdiction to grant injunctive relief in any action brought under Subsections (a), (b) or (c) of this Section.
(d) Limited Finality for Administrative Determinations. In any judicial action under this Section, factual or legal
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determinations by employees, agents or other persons appointed by Guam shall have no finality and shall not be conclusive, notwithstanding any contract provision, or regulation, except to the extent provided in §§ 5245, 5705 and 5706 of this Chapter.
(e) For purposes of this Section a “”prospective”” bidder, contractor or offeror is one who will actually submit a bid, contract or otherwise offer his services if, in the actions permitted by this Section, such person would prevail.
(f) All actions permitted by this Article shall be conducted as provided in the Government Claims Act.
SOURCE: GC § 6978. MPC § 9-401. Subsection (c) as amended by P.L.
18-044:9 (Nov. 14, 1986). Subsection (d) amended P.L. 18-044:8 (Nov.
14, 1986).
2023 NOTE: References to “”Territory”” replaced with “”Guam”” pursuant to 1 Guam Code Ann. § 420.
COMMENT: The MPC envisions a waiver of sovereign immunity far in excess of what has been granted heretofore on Guam. Under existing law (before enactment of this Title) the Appellate Division of the District Court has held, in Alexander et al v. Bordallo, Civ. Appeal No. 78-038A, 1970
WL 24948 (D. Guam App. Div., Jan. 8, 1979) that:
“”. . . sovereign immunity applies to specific performance actions against the Government; otherwise the government cannot operate effectively if its every act is subject to injunctive actions. See Larson v. Domestic and Foreign Corporation, 337 U.S. 682, 69 S.Ct. 457, 93 L.Ed. 1629 (1948). Wright and Miller, Volume 14, 3655.””
Further, the Government Claims Act, while not ideal (and substantially amended by P.L. 17-29, after the enactment of this Chapter), has provided very adequate remedies in contract actions against the government. Therefore, this Section has been amended to permit the additional action of declaratory judgment against the government and suits as specifically permitted in this Section, but not injunctions. If the government or its employees are to be stopped in undertaking actions alleged (by them) to be lawful, the plaintiff must meet the more difficult standard of a writ of mandate or of prohibition.
Another change is to define “”prospective”” to limit it to a person who actually will submit a bid, contract or offer if he succeeds in his suit rather than to permit wider suits by persons who may allege some vague interest in the solicitation or contract, but who plan no immediate action.
The MPC is changed again to follow the Government Claims Act with respect to the procedure required in actions against the government.
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Since this Section allows suits in certain specified cases, obviously claims need not first be filed with the Attorney General, but at least the same court procedure must be followed.
A final change from the MPC is to delete references to “”notwithstanding”” provisions of other laws relative to finality of decisions. While this Section does not permit executive action (contracts or rules of the Policy Office) to make certain decisions of administrative officials unchallengable, the change does continue former general provisions of law with respect to administrative decisions and limited finality. There is no good reason to, in practice, change the law so drastically. It does not serve either this title or other provisions of law on Guam.
The whole aim of this Chapter is to centralize procurement. The enacted amendments (P.L. 17-29) to the Government Claims Act do the same with claims. If this Section were to follow the MPC exactly, the net effect would be to “”decentralize”” and confuse the legal aspects of both claims and this Chapter.
Changed by Committee on GGO.