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5 GCA § 5253

Restriction Against Contractors Employing Convicted Sex Offenders from Working at

Guam Code AnnotatedTitle 5 — Government Operations
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Government of Guam Venues.

(a)No person convicted of a sex offense under the provisions of Chapter 25 of Title 9 Guam Code Annotated, or an offense as defined in Article 2 of Chapter 28, Title 9 GCA in Guam, or an offense in any jurisdiction which includes, at a minimum, all of the elements of said offenses, or who is listed on the Sex Offender Registry, and who is employed by a business contracted to perform services for an agency or CH. 5 GUAM PROCUREMENT LAW instrumentality of the government of Guam, shall work for his employer on the property of the government of Guam other than a public highway.

(b)All contracts for services to agencies listed herein shall include the following provisions:

(1)warranties that no person providing services on behalf of the contractor has been convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an offense as defined in Article 2 of Chapter 28, Title 9 GCA, or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry; and

(2)that if any person providing services on behalf of the contractor is convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an offense as defined in Article 2 of Chapter 28, Title 9 GCA or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry, that such person will be immediately removed from working at said agency and that the administrator of said agency be informed of such within twenty-four

(24)hours of such conviction.

(c)Duties of the General Services Agency or Procurement Administrators. All contracts, bids, or Requests for Proposals shall state all the conditions in § 5253(b).

(d)Any contractor found in violation of § 5253(b), after notice from the contracting authority of such violation, shall, within twenty-four

(24)hours, take corrective action and shall report such action to the contracting authority. Failure to take corrective action within the stipulated period may result in the temporary suspension of the contract at the discretion of the contracting authority.

§ The story of this section

  1. Enacted by P.L. 28-24 § 2 — introduced as Bill 5-28 · introduced by Lawrence F. Kasperbauer
  2. Amended by P.L. 28-98 § 2 — introduced as Bill 233-28 · introduced by Ray Tenorio

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