(a) Notwithstanding any other provision of law, if any entity of the government of Guam or any entity expending governmental funds intends to procure any supply or service which is offered by a business concern that is at least fifty-one percent (51%) owned by women, that entity shall procure such supply or service from that business concern if the supply or service is available within the period required by the procuring entity and the price for the supply or service does not exceed one hundred five percent (105%) of the lowest price bidder, and shall be in addition to any other procurement benefit the women-owned business may qualify for under Guam law. The procuring entity shall determine the lowest price to the entity in the case of more than one (1) women-owned business, or a women-owned business and a service-disabled veteran owned business, who are competing for the same government contract.

COL 7/27/2023

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

(b) Qualifications of a Women-Owned Business. A business concern is qualified under Subsection (a) of this Section if:

(1) the business concern is licensed to do business on
Guam;

(2) the business concern maintains its headquarters on
Guam;

(3) the business concern is at least fifty-one percent (51%) owned by women, who manage day-to-day operations and make long-term decisions;

(4) the business concern is certified as a Women- Owned Small Business (WOSB) or an Economically Disadvantaged Women-Owned Small Business (EDWOSB) by the U.S. Small Business Administration; and

(5) the owner(s) of the business concern has (have) filed individual tax returns on Guam for a period of at least three (3) consecutive years.

SOURCE: Added by P.L. 36-026:3 (June 8, 2021).

2021 NOTE: P.L. 36-054:XII:38 (Sept. 11, 2021) added a new § 5013 entitled “”Advance Payment for Medicines Allowed””; however, to avoid confusion with this existing provision, the new law was renumbered to § 5007.1. by the Compiler pursuant to 1 Guam Code Ann. § 1606.

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SUBARTICLE B DETERMINATION