T·R
← Search

5 GCA § 5125

Application of this Chapter to Executive Branch

Guam Code AnnotatedTitle 5 — Government Operations
View official PDF ↗

(a)Every governmental body which is in the purview of the Executive Branch, and including the Government of Guam Retirement Fund, Guam Community College, the University of Guam, the Department of Education, the Guam Memorial Hospital Authority, Guam Economic Development and Commerce Authority, and the Guam Visitor’s Bureau, shall be governed by Articles 1, 3, 6, 7, 10, 11 and 12 of this Chapter, except to the extent that any such governmental body or other above-named body may be exempted from the centralized procurement regime of Article 2 of this Chapter, in which event the Director of each such governmental body or other above named body shall be substituted wherever there is reference to the Public Policy Office, Chief Procurement Officer or Director of Public Works in Articles 4, 5, 8 and 9 of Chapter 5 of Title 5 of the Guam Code Annotated.

(b)It is the intent of I Liheslaturan Guåhan to require all Executive Branch governmental bodies, including autonomous agencies, and other above-named bodies, to be governed to the maximum extent practicable by Chapter 5 of Title 5 of the Guam Code Annotated. This provision requires any governmental body, and each above-named body, to conduct their procurement activities pursuant to Chapter 5 of Title 5 of the Guam Code Annotated, except insofar as said Chapter establishes and effects a system of centralized procurement. CH. 5 GUAM PROCUREMENT LAW

§ The story of this section

  1. Enacted by P.L. 18-44 § 28 (bill & sponsor pending — earlier Legislature not yet ingested)
  2. Amended by P.L. 24-142 § 8 — introduced as Bill 324-24 · introduced by Lawrence F. Kasperbauer + 13 cosponsors
  3. Amended by P.L. 24-299 § 27 — introduced as Bill 723-24 · introduced by Lawrence F. Kasperbauer + 2 cosponsors
  4. Affected by P.L. 26-26 § 9 — introduced as Bill 1-26 · introduced by Lawrence F. Kasperbauer
  5. Affected by P.L. 27-18 § 3 — introduced as Bill 59-27 · introduced by Vicente C. Pangelinan
  6. Affected by P.L. 29-113 § VI — introduced as Bill 207-29

Interpreted by the courts:

  • 2004 Guam 15Guam Imaging Consultants, Inc., and RADS, a General Partnership, Plaintiffs-Appellants v. Guam Memorial Hospital Authori (2004) · per F. Philip Carbullido, J.
  • 2006 Guam 6Fleet Services, Inc., Plaintiff-Appellant, vs. Department of Administration, Government of Guam, Defendant-Appellee, and (2006) · per F. Philip Carbullido, J.
  • 2012 Guam 25Town House Department Stores, Inc., dba Island Business Systems & Supplies, Appellant, v. Department of Education, Gover (2012) · per F. Philip Carbullido, J.

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