I MINA’TRENTA NA LIHESLATURÅN GUÅHAN - Legislature of …
I MINA'TRENTAI KU?TTRO NA LIHESLATURAN GU?HAN2017 (FIRST) Regular SessionBill No. 49-34(COR)Introduced by:Tommy MorrisonAN ACT TO AMEND § 5213 OF SUBARTICLE B, ARTICLE 3, CHAPTER 5, DIVISION 1, TITLE 5, GUAM CODE ANNOTATED, AND §§ 3111(a), 3111(b)(1), 3111 (c)(1), 3111(d), AND 3111(f)(1), ALL OF CHAPTER 3, DIVISION 4, TITLE 2, GUAM ADMINISTRATIVE RULES AND REGULATIONS, RELATIVE TO PROCUREMENT POLICIES GOVERNING SMALL PURCHASES.BE IT ENACTED BY THE PEOPLE OF GUAM:Section 1.§ 5213 of Subarticle B, Article 3, Chapter 5, Division 1, Title 5, Guam Code Annotated, is amended, to read:“§ 5213. Small Purchases. Any procurement not exceeding Twenty-Five Thousand Dollars ($25,000.00) the amount established by regulation may be made in accordance with small purchase procedures promulgated by the Policy Office, provided, however, that procurement requirements shall not be artificially divided so as to constitute a small purchase under this Section. Small purchases shall be completed through an electronic procurement system operated and maintained by the General Services Agency.” Section 2.§ 3111(a) of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, is amended, to read:“§ 3111. Small Purchases. (a) Application. In accordance with 5 GCA §5213 (Small Purchases) of the Guam Procurement Act, this Section is established for procurement of less than $125,000 for supplies or services and less than $50,000 for construction.”Section 3.§ 3111(b)(1) of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, is amended, to read:“(b) Authority to Make Small Purchases. (1) Amount. The Chief Procurement Officer, the Director of Public Works, or the head of a Purchasing Agency may use this Section if the procurement is to be less than $125,000 for supplies or services and less than $50,000 for construction. If these methods are not used, the other methods of source selection provided in 5 GCA §5210 (Methods of Source Selection) of the Guam Procurement Act and these Regulations shall apply.”Section 4.§ 3111(c)(1) of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, is amended, to read:“(c) Competition for Small Purchases of Supplies or Services Between $500 and $125,000. (1) Procedure. Insofar as it is practical for small purchases of supplies or services between $500 and $125,000, no less than three positive written quotations from businesses shall be solicited, recorded and placed in the procurement file. Awards shall be made to the lowest responsible and responsive bidder.”Section 5.§ 3111(d) of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, is amended, to read:“(d) Competition for Small Purchases of Construction. For procurement of construction, as defined in 5 GCA §5030 (g) of the Guam Procurement Act, between $500 and $50,000 of the procedures and records required in Section 3111(c) (Small Purchases of Supplies or Services Between $500 and $125,000) shall apply. For procurement of construction less than $500, §3111(e) (Small Purchases of $500 or Less) shall apply.”Section 6.§ 3111(f)(1) of Chapter 3, Division 4, Title 2, Guam Administrative Rules and Regulations, is amended, to read:“(f) Small Purchases of Services Specified in §2112 (Authority to Contract and Certain Services and Approval of contracts) and §5108 (Architect-Engineer and Land Surveying Services) of these Regulations.(1) Conditions for Use. If it is expected that the services of accountants, physicians, lawyers, dentists, architects, engineers, or land surveyors can be procured for less than $125,000 and more than $500, the methods specified in this Section may be used in lieu of the procedures specified in §3114 (Competitive Selection Procedures for Services Specified in §2112) and §5108 (Architect-Engineer and Land Surveying Services of these Regulations).”Section 7.Implementation. The General Services Agency shall coordinate with the Office of Technology, as may be necessary, to develop the electronic procurement system required in Section 1 of this Act within six (6) months following enactment. Purchasing thresholds that have been amended pursuant to this Act shall become effective immediately after said electronic system is developed. ................
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