(a) General Application. This Chapter applies only to contracts solicited or entered into after the effective date of this Chapter unless the parties agree to its application to a contract solicited or entered into prior to the effective date.

(b) Application to Territorial Procurement. This Chapter shall apply to every expenditure of public funds irrespective of their source, including federal assistance funds except as otherwise specified in § 5501 of this Chapter, by Guam, acting through a governmental body as defined herein, under any contract, except that this Chapter shall not apply to either grants or contracts between Guam and another government. Nothing in this Chapter or in regulations promulgated hereunder shall prevent any governmental body or political subdivision from complying with the terms and conditions of any grant, gift, bequest, or cooperative agreement.

SOURCE: GC § 6950.3. MPC § 1-104 modified.

COL 7/27/2023

5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 5 GUAM PROCUREMENT LAW

2023 NOTE: References to “”Territory”” replaced with “”Guam”” pursuant to 1 Guam Code Ann. § 420.

COMMENT: The MPC assumes the existence of counties, municipalities having a separate government, and other local governments. This Section has been modified to refer to Guam’s structure, unified government, at the time of enactment.

Note that this Chapter does not affect existing contracts. Also, it does not affect agreements with private parties, such as when a person gives something to the government with conditions as to its use. Also, agreements with other governments, such as the Federal Government in areas of, say, Intergovernmental Personnel Exchanges, are not affected by this Chapter. The reason is, of course, that the other government may very well place conditions upon the agreement which are not compatible with this Act, but which must be followed. Thus, federal regulations must be followed in federal agreements notwithstanding any local laws.