Contracts

(a)A Guam agency shall not enter into any contract with an employee or with a business in which an employee has a controlling interest, unless the contract has been awarded through an open, public process. A Guam agency may, however, enter into such contract without resort to competitive bidding process when, in the opinion of the General Services Agency or the procurement CH. 15 STANDARD OF CONDUCT officer of that branch of government, the property or services does not fall within the purview of competitive bidding; provided that written justification for the non-competitive award of such contract be made a matter of public record and shall be filed with the Guam Ethics Commission at least ten

(10)days before such contract is entered into. With regards to members of boards, commissions, and committees, this Subsection shall apply only to contracts entered into between a business in which a member has a controlling interest and a Guam agency in which the board, commission, or committee to which the individual is appointed has jurisdiction.

(b)A Guam agency shall not enter into a contract with any person or business which is represented or assisted in a material manner in the matter by a person who has been an employee of that agency within the preceding twelve

(12)months and who participated while in territorial office or employment in a material manner in the matter with which the contract is directly concerned.