Administrative Review of Government of Guam Critical Procurement Contract Decisions

(a)A Critical Procurement Contract is a contract solicited as contemplated in the Guam Procurement Law, 5 Guam Code Annotated Chapter 5, and meets the following criteria:

(1)the solicitation is one which is integral to the timing of the planning, development, construction, financing or completion of major public infrastructure or capital improvement;

(2)the contract is reasonably expected to cost Five Million Dollars ($5,000,000) or more and is funded by at least eighty percent (80%) or more from the American Rescue Plan Act and or the Infrastructure Investment and Jobs Act funds; and

(3)the identified funding for the Critical Procurement Contract is restricted pursuant to the American Rescue Plan Act and or the Infrastructure Investment and Jobs Act or becomes restricted to the material detriment of the procuring agency.

(b)A Critical Procurement Contract shall be designated by the Chief Procurement Officer, the Director of Public Works, or the governing board of the procuring agency, in accordance with regulations to be promulgated by the Policy Office. The Critical Procurement Contract shall be prominently designated as such in the notice of and solicitation for the contract. All prospective bidders, offerors, and contractors shall CH. 5 GUAM PROCUREMENT LAW acknowledge and sign an affidavit that they are aware of and agree to abide by the Critical Procurement Contract deadlines, rules, and regulations.