Commercial Leasing of Public Real Property and Related Facilities

(a)Public Real Property and Related Facilities. From the effective date of this law, and notwithstanding any other provision of this Chapter, no commercial contract, lease, permit, or license for use of public real property, and related facilities by any non-governmental person or entity, shall be solicited, negotiated, entered into, or made for a term in excess of fifteen

(15)years, inclusive of any extension, option, or renewal, provided, the terms and conditions of the commercial contract, lease, permit, or license have been satisfied during the initial fifteen

(15)years as evidenced in a written approval by I Maga’hågan/Maga’låhen Guåhan or relevant Board of Directors of the government of Guam.

(1)Any contract, lease, permit or license made, renewed or extended in violation of this law shall become void upon the fifteenth

(15th)anniversary of the making of such contract, lease, permit, or license.

(2)[No text]

(A)This limitation shall not apply to residential and agricultural leases to beneficiaries under the Chamorro Land Trust. CH. 5 GUAM PROCUREMENT LAW

(B)This limitation shall not apply to leases and site licenses, and extensions thereof, of Chamorro Land Trust Commission licensed telecommunications providers and any government authority, provided, the applicable fee is adjusted to a fair market value rate not less than every ten

(10)years.

(3)Any such contract, lease, permit, or license shall mean a “lease of real property” and not the lease of supplies as that term is used in § 5030(u) of this Chapter.

(b)Exceptional Term Contracts. The Chief Procurement Officer, the Director of Public Works, or the head of a purchasing agency, as authority may exist therefore, may solicit a contract for a term longer than otherwise allowed by this Section (an Exceptional Term Contract).

(1)Prior to soliciting any Exceptional Term Contract, I Maga’håga/Maga’låhi or, in the case of an autonomous agency, the Board of Directors, shall make a written Determination of Need justifying by a quantifiable sum an Exceptional Term Contract, and specifying the full term, inclusive of extensions, options and renewals, for such contract, and provide a copy of such Determination of Need to the Speaker of I Liheslaturan Guåhan.

(2)No Exceptional Term Contract shall be solicited unless a Determination of Need is obtained from I Maga’håga/Maga’låhi or, in the case of an autonomous agency, the Board of Directors.

(3)A written Determination of Need shall be valid for two

(2)years or until an Exceptional Term Contract is executed to fill the stated need, whichever comes first.

(c)Subsequent to transmitting a Determination of Need to the Speaker of I Liheslaturan Guåhan, a notice of solicitation shall be published as provided in § 5211(c) of Subarticle B of Article 3 of this Chapter, such notice to conspicuously note the solicitation is for an Exceptional Term Contract, and specifying the term thereof, as well as the date of the proper Determination of Need. Any Exceptional Term Contract made in violation of this Section shall be void.

(d)Legislative Approval Required for Exceptional Term Contracts; Subsequent to satisfying the requirements of this § 5127, any Exceptional Term Contract for use of public real property and related facilities shall be transmitted to I Liheslaturan Guåhan for approval or disapproval, in whole.

(1)I Liheslaturan Guåhan shall take action to approve or disapprove the commercial contract, lease, permit, or license within sixty

(60)calendar days from the date of filing with the Speaker.

(2)A public hearing shall be conducted by the Chairperson of the Legislative Committee having oversight jurisdiction during the sixty

(60)day review period, and said Committee shall report its findings and recommendations to I Liheslaturan Guåhan.

(3)The sixty

(60)day period allowed for I Liheslaturan Guåhan to approve or disapprove the contract, lease, permit, or license shall be tolled from the time that a public hearing is noticed and until a Committee Report is completed.

(4)Legislative approval shall be by enactment into law. For the purpose of this Subsection, the term “Exceptional Term Contract” means any commercial contract, lease, permit, or license that has a term in excess of fifteen

(15)years.

(e)The solicitation and award of any such contract, lease, permit, or license shall be conducted as provided in this Chapter, and the Determination of Need shall be a part of such record and subject to § 5251 of this Chapter, along with any modification, amendment, exercise of option or renewal, or extension of such contract, lease, permit, or license. CH. 5 GUAM PROCUREMENT LAW