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5 GCA § 5121

Authority to Contract for Certain Services and Approval of Contracts

Guam Code AnnotatedTitle 5 — Government Operations
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(a)General Authority. For the purpose of procuring the services of accountants, physicians, lawyers, dentists, licensed nurses, other licensed health professionals and other professionals, any governmental body of Guam may act as a purchasing agency and contract on its own behalf for such services, subject to this Chapter and regulations promulgated by the Policy Office, but this Subsection shall not authorize the procuring of such services where any given governmental body is otherwise prohibited from procuring such services. CH. 5 GUAM PROCUREMENT LAW

(b)Approval of Contracts for Legal Services. No contract for the services of legal counsel in the Executive Branch shall be executed without the approval of the Attorney General. Nothing in this Section or Chapter shall preclude the Attorney General or his designee from participating in negotiations for any contract upon the request of the government officer or agency primarily responsible for such negotiations.

(c)Approval of Contracts Generally. The Chief Procurement Officer, or his designee, or a procurement officer of an agency authorized to procure the services or supplies in question, as stated in the Rules promulgated by the Policy Office, shall execute all contracts for the government of Guam. The Chief Procurement Officer may approve standard form contracts or purchase orders which shall include a demonstration of compliance with §§ 5801 and 5802 of this Chapter, where applicable, and once such approval of the standard form is given, contracts or purchase orders made on such form may be executed without the further approval of the Chief Procurement Officer unless he has reserved such power of approval pursuant to the applicable rules promulgated by the Policy Office.

(d)Approval of Contracts by Department of Revenue and Taxation. Notwithstanding any other provision of law, the Director of the Department of Revenue and Taxation or his designee shall have exclusive authority to approve and execute all contracts for the procurement of license plates, safety decals, tax forms, tax booklets and printing services and other materials and supplies used exclusively by the Department of Revenue and Taxation. For the purposes of this section, the Department of Revenue and Taxation is exempt from the provisions of the Guam Procurement Act (Chapter 5, Title 5, Guam Code Annotated).

(e)Approval of Contracts by Government of Guam Retirement Fund. Notwithstanding any other provision of law, the Board of Trustees of the Government of Guam Retirement Fund shall have exclusive authority to approve and execute all contracts for the procurement of professional services associated with the operation of the Fund. The Board may enter into contracts providing for alternative dispute resolution (including mediation and arbitration) of controversies arising between the Government of Guam Retirement Fund and its professional service contractors, if, in the Board’s discretion, alternative dispute resolution is determined to be in the best interests of the Government of Guam Retirement Fund.

§ The story of this section

  1. Enacted by P.L. 18-15 § X (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 20-221 § 50 (bill & sponsor pending — earlier Legislature not yet ingested)
  3. Amended by P.L. 25-121 § 5 — introduced as Bill 1-25 · introduced by Mark Forbes
  4. Amended by P.L. 28-165 § 2 — introduced as Bill 369-28 · introduced by Robert Klitzkie
  5. Enacted by P.L. 28-188 § 2 — introduced as Bill 398-28 · introduced by Lawrence F. Kasperbauer
  6. Amended by P.L. 32-146 § 3 — introduced as Bill 289-32 · introduced by Benjamin J.F. CruzWatch the public hearing · Mar 18, 2014

Interpreted by the courts:

  • 2005 Guam 5A.B. Won Pat International Airport Authority, by and through ; its Board of Directors, Plaintiff-Appellee v. Douglas B. (2005)
  • 2006 Guam 6Fleet Services, Inc., Plaintiff-Appellant, vs. Department of Administration, Government of Guam, Defendant-Appellee, and (2006) · per F. Philip Carbullido, J.
  • 2024 Guam 18In Re: Request of Lourdes A. Leon Guerrero, I Maga’HÃ¥gan GuÃ¥han, Relative to the Duties of the Attorney General of G (2024) · per Robert J. Torres, J.

Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.