(a) Blind Trust means an independently managed trust in which the employee-beneficiary has no management rights and in which the employee-beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust.

(b) Confidential Information means any information which is available to an employee only because of the employee’s status as an employee of Guam and is not a matter of public knowledge or available to the public on request.

(c) Conspicuously means written in such special or distinctive format, print or manner that a reasonable person against whom it is to operate ought to have noticed it.

(d) Direct or Indirect Participation means involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing or in any other advisory capacity.

(e) Financial Interest means:

111

COL 7/27/2023

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 5 GUAM PROCUREMENT LAW

(1) ownership of any interest or involvement in any relationship from which, or as a result of which, a person within the past year has received, or is presently or in the future entitled to receive, more than Two Thousand Five Hundred Dollars ($2,500) per year, or its equivalent;

(2) ownership or such interest in any property or any business as may be specified by the Ethics Commission; or

(3) holding a position in a business such as an officer, director, trustee, partner, employee, or the like, or holding any position of management.

(f) Gratuity means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

(g) Immediate Family means a spouse, children, parents, brothers and sisters, grandparents and grandchildren, mothers-in-law and fathers-in-law, brothers-in-law and sisters-in-law, daughters-in-law and sons-in-law. Stepsiblings, stepchildren and stepparents shall also be regarded as immediate family.

(h) Official Responsibility means direct administrative or operating authority whether intermediate or final, either exercisable alone or with others, either personally or through subordinates, to approve, disapprove, or otherwise direct territorial action.

(i) Purchase Request means that document whereby a using agency requests that a contract be entered into for a specified need, and may include, but is not limited to, the technical description of the requested item, delivery schedule, transportation, criteria for evaluation, suggested sources of supply, and information supplied for the making of any written determination required by this Chapter.

SOURCE: GC § 6980. MPC § 12-101. Subsection (g) amended by P.L.
31-016:1 (Apr. 18, 2011).

112

COL 7/27/2023

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 5 GUAM PROCUREMENT LAW

2023 NOTE: Reference to “”Territory”” replaced with “”Guam”” pursuant to
1 Guam Code Ann. § 420.

———-

SUBARTICLE B STANDARDS OF CONDUCT