Procurement

(a)Subject to the approval of I Liheslaturan Guåhan, the government of Guam or an Education Agency may solicit Requests for Proposals (‘RFP’) through the Department of Public Works, in compliance with the Guam Procurement Law, for the financing, design and construction of the Education Facility, together with maintenance of the Education Facility over the term of the Lease-Back, according to the needs of the Education Agency and consistent with this Chapter. Notwithstanding the foregoing, in connection with any amendments to an existing Lease or Lease-Back, the Contractor with respect to such amendments shall be the Contractor with respect to the existing Lease or Lease-Back. The RFP shall be issued within thirty

(30)days of enactment of this Act for replacement of the John F. Kennedy High School Facility on the existing site; may include demolition of such portions of the existing facility as necessary; and shall include a requirement that occupancy of the JFK facility take place no later than nine

(9)months after execution of the Contract.

(b)Upon the execution and delivery by the Education Agency of the Contract, the Lease, the Lease-Back and any other agreements relating to the design, construction, maintenance and financing of the Education Facility, the Contract, Lease, Lease-Back and such other agreements shall be valid and binding obligations of the Education Agency, enforceable in accordance with their respective terms, and there shall be COL5/19/2021 CH. 58A - Ma Kåhat Act of 2008 no power to terminate or declare null and void the Contract, Lease, Lease-Back, or such other agreement pursuant to § 5452 of Title 5, Guam Code Annotated.

(c)The Contractor selected through Subsection

(a)of this Section shall be deemed disqualified if funding is not secured within ninety

(90)calendar days from the enactment of this Act that adds this Subsection. If funding is not secured as required by this Subsection, the Department of Public Works shall proceed as provided in § 3114 (l)(4) of Chapter 3 of Division 4 of Title 2 of GAR.