Authority to Resolve Protested Critical Procurement Contract Solicitations and Awards

(a)Right to Protest. Any actual or prospective bidder, offeror, or contractor who may be aggrieved in connection with the method of source selection, solicitation or award of a Critical Procurement Contract, may protest to the Chief Procurement Officer, the Director of Public Works, or the head of a purchasing agency. The protest shall be submitted in writing within fourteen

(14)days after such aggrieved person knows or should have known of the facts giving rise thereto.

(b)Authority to Resolve Critical Procurement Contract Protests. The Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of one of these officers shall have the authority, prior to the commencement of an appeal to the Public Auditor concerning the controversy, to settle and resolve a protest of an aggrieved bidder, offeror, or contractor, actual or prospective, concerning the solicitation or award of a contract. This authority shall be exercised in accordance with regulations promulgated by the Policy Office.

(c)Decision. If the protest is not resolved by mutual agreement, the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency, or a designee of one of these officers shall promptly issue a decision in writing within fifteen

(15)days from the date the protest is filed. The decision shall:

(1)state the reasons for the action taken; and

(2)inform the protestant of its right to administrative appeal.

(d)Notice of Decision. A copy of the decision under Subsection

(c)of this Section shall be mailed electronically or otherwise furnished immediately to the protestant and any other party intervening.

(e)Appeal. A decision under Subsection

(c)of this Section may be appealed by the protestant to the Public Auditor within fifteen

(15)days after receipt by the protestant of the notice of decision.

(f)Finality. For the purposes of this Section, the determination of facts and decision by the Public Auditor for the resolution shall be final and conclusive with no right of appeal or judicial review and the automatic stay for the solicitation or award of a Critical Procurement Contract shall be lifted.

(g)Automatic Stay. In the event of a timely protest under Subsection

(a)of this Section, the government of Guam shall not proceed further with the solicitation or with the award of the contract prior to final administrative resolution of such protest, and any such further action is void.

(h)No Entitlement to Costs. There shall be no entitlement to costs or fees regardless of the outcome of the protest or appeal to the Public Auditor.

(i)The Public Auditor shall expedite the administrative review process of the appeal in accordance with the rules and regulations to be promulgated and adopted by the Public Auditor within sixty

(60)days of the effective date of this Act, notwithstanding the Administrative Adjudication Law found in Chapter 9 CH. 5 GUAM PROCUREMENT LAW of Title 5, Guam Code Annotated. Protests of any Critical Procurement Contract to the Public Auditor shall be in compliance with Title 5, Guam Code Annotated, Chapter 5, Article 12; and Title 2, Guam Administrative Rules and Regulations, Division 4, Chapter 12.