Unsolicited Offers

(a)Defined. An unsolicited offer is any offer other than one submitted in response to a solicitation.

(b)Processing of Unsolicited Offers. The Chief Procurement Officer, the Director of Public Works or the head of the Purchasing Agency shall consider the offer as provided in this Section. If an agency that receives an unsolicited offer is not authorized to solicit or enter into a contract for the supplies, services or construction offered, the head of such agency shall forward the offer to the Chief Procurement Officer, the Director of Public Works or the head of a Purchasing Agency, who shall consider and evaluate the offer as provided in this Section.

(c)Conditions for Consideration. To be considered for evaluation, an unsolicited offer:

(1)must be in writing;

(2)must be sufficiently detailed to allow a judgment to be made concerning the potential utility of the offer to Guam and to the government;

(3)must be unique or innovative to Guam’s and the government’s use; and

(4)may be subject to testing under terms and conditions specified by the government.

(d)Evaluation. The unsolicited offer shall be evaluated to determine its utility to Guam and to the government, and whether it would be to Guam’s and the government’s advantage to procure such service.

(e)Competitive Sealed Bidding Required. All unsolicited offers considered as being desirable shall be subjected to the Competitive Sealed Bidding process under § 5211. Notwithstanding any other provision of law, sole source procurement shall not be permissible in any procurement arising from an unsolicited offer. The criteria set forth in the Invitation for Bids shall not require the inclusion of any proprietary item proposed in the unsolicited offer, and the proprietary character of an unsolicited offer or the inclusion of a proprietary item in the unsolicited offer shall not be used to favor the offer or any other bid, nor be a determining factor in awarding a bid. Such Invitation for Bids shall not contain any reference to the financial CH. 5 GUAM PROCUREMENT LAW offer of the unsolicited offeror, but shall contain a sufficient technical description to allow other parties to identify the technical concept of the offer, and to prepare bids.