5 GCA § 5480

Waiver of Sovereign Immunity in Connection with Contracts

Guam Code AnnotatedTitle 5 — Government Operations

(a)Solicitation and Award of Contracts. The Superior Court of Guam shall have jurisdiction over an action between Guam and a bidder, offeror, or contractor, either actual or prospective, to determine whether a solicitation or award of a contract is in accordance with the statutes, regulations, and the terms and conditions of the solicitation. The Superior Court shall have such jurisdiction in actions at law or in equity, and whether the actions are for monetary damages or for declaratory, or other equitable relief. CH. 5 GUAM PROCUREMENT LAW

(b)Debarment or Suspension. The Superior Court shall have jurisdiction over an action between Guam and a person who is subject to a suspension or debarment proceeding, to determine whether the debarment or suspension is in accordance with the statutes and regulations. The Superior Court shall have such jurisdiction, in actions at law or in equity, and whether the actions are for declaratory, or other equitable relief.

(c)In addition to other relief and remedies, the Superior Court shall have jurisdiction to grant injunctive relief in any action brought under Subsections (a),

(b)or

(c)of this Section.

(d)Limited Finality for Administrative Determinations. In any judicial action under this Section, factual or legal determinations by employees, agents or other persons appointed by Guam shall have no finality and shall not be conclusive, notwithstanding any contract provision, or regulation, except to the extent provided in §§ 5245, 5705 and 5706 of this Chapter.

(e)For purposes of this Section a “prospective” bidder, contractor or offeror is one who will actually submit a bid, contract or otherwise offer his services if, in the actions permitted by this Section, such person would prevail.

(f)All actions permitted by this Article shall be conducted as provided in the Government Claims Act.

§ The story of this section

Amended by P.L. 18-44 § 9 (bill & sponsor pending — earlier Legislature not yet ingested)

Interpreted by the courts:

2000 Guam 19 — Pacific Rock Corporation v. Department of Education, a department of the Executive Branch of the Government of Guam, an (2000) · per Benjamin J.F. Cruz, J.
2001 Guam 14 — Bank of Guam, a Guam Bank Corporation v. Michael J. Reidy, as Director for the Department of Administration (2001) · per Benjamin J.F. Cruz, J.
2001 Guam 21 — Pacific Rock Corporation v. Department of Education (2001) · per F. Philip Carbullido, J.
2012 Guam 25 — Town House Department Stores, Inc., dba Island Business Systems & Supplies, Appellant, v. Department of Education, Gover (2012) · per F. Philip Carbullido, J.
2013 Guam 27 — Data Management Resources, LLC, Petitioner-Appellee, v. Office of Public Accountability, Respondent-Appellant (2013) · per F. Philip Carbullido, J.
2014 Guam 14 — Xerox Corporation, Petitioner-Appellant, v. Office of Public Accountability, Respondent-Appellee, CRA10-005 (2014) · per F. Philip Carbullido, J.
2015 Guam 13 — Teleguam Holdings, LLC, and Its Wholly Owned Subsidiaries, Plaintiff-Appellant, v. Territory of Guam; Department of Admi (2015) · per F. Philip Carbullido, J.
2018 Guam 5 — Teleguam Holdings LLC and its Wholly Owned Subsidiaries, Plaintiff-Appellee, v. Territory of Guam; Department of Adminis (2018) · per F. Philip Carbullido, J.
2020 Guam 14 — DFS GUAM L.P., Plaintiff-Appellee/Cross-Appellant vs. The A.B. Won Pat International Airport Authority, Guam, Defendant- (2020) · per Katherine A. Maraman, J.
2020 Guam 20 — DFS Guam L.P., Plaintiff-Appellee/Cross-Appellant, v. The A.B. Won Pat International Airport Authority, Guam, Defendant- (2020) · per Katherine A. Maraman, J.
2024 Guam 4 — Pacific Data Systems, Inc., Plaintiff-Appellee v. Guam Department of Education, Defendant-Appellee, Teleguam Holdings LL (2024) · per F. Philip Carbullido, J.
2025 Guam 10 — SH Enterprises, Inc., Plaintiff-Appellant, v. Territory of Guam; General Services Agency, Department of Administration; (2025) · per F. Philip Carbullido, J.

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