(a) The General Services Agency shall purchase or lease all motor vehicles required for all government agencies as a fleet at least once every three (3) years. The Chief Procurement Officer shall maintain a vehicle purchase policy that considers the total cost of ownership that includes, but is not limited to, (1) the intended purpose for which the vehicle is purchased (2) the purchase price of the vehicle; (3) the United States EPA estimated mileage ratings in terms of Miles Per Gallon (MPG) for the vehicle; (4) the expected useful life of the vehicle; (5) the cost of maintenance and warranties over the expected useful life of the vehicle; and (6) any ratings or reviews from consumer rating companies on the performance, mileage and reliability of the vehicle. This Section shall not be interpreted to permit the lease of non-standardized fleet vehicles. The Chief Procurement Officer shall authorize non-fleet purchase or lease only if:

(1) the type of vehicle is not required by other governmental agencies; or

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(2) the vehicle is a replacement of a fleet vehicle which is no longer in service and the governmental agency cannot function without a replacement until the next fleet purchase, provided, that the replacement vehicle meets the same specifications as the fleet vehicle being replaced.

(b) Public transportation buses, vans and non-rail vehicles, which are purchased or leased with government funds for fixed route or demand response systems, must be made readily accessible to and usable by individuals with disabilities and comply with the acquisition and service requirements of 49 C.F.R. part 37 (Subpart D, F and G) and Part 38 (Subpart B of the Americans with Disabilities Act (‘ADA’) Accessibility Specifications for Transportation Vehicles).

(c) The Chief Procurement Officer shall include preventative maintenance services for a period of no less than 3 years when procuring the vehicle fleet. He shall also determine, by requesting for proposals, whether it would be less costly to contract for fleet maintenance with private businesses; and if less costly, using either separate contracts for purchase and maintenance or a combined contract for purchase and maintenance from one source, he shall so contract for the maintenance of the fleet for a minimum of 3 years from the date of purchase of the vehicle. In any maintenance contract, there shall be inserted provisions requiring that the maintenance be performed within a certain period of time or liquidated damages assessed against the contractor.

(d) At the end of the useful life of the vehicle fleet, the Chief Procurement Officer shall dispose of such vehicles as he determines to be of no further use to the government by public auction to the highest bidder. The funds so realized shall be deposited in the General Fund.

(e) Minimum Combined Miles Per Gallon Standard. All vehicles to be purchased or leased for use by the government of Guam shall meet or exceed a minimum average combined city and highway miles per gallon of twenty-five miles per gallon (25 mpg), as determined by the United States Department of Energy’s (USDOE) rating of vehicle fuel economy as contained on its website at www.fueleconomy.gov. This standard shall be

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reviewed every 3 years.

(f) Excluded Vehicles. The Chief Procurement Officer shall prepare and maintain a listing of those vehicles that are excluded from the minimum average combined city and highway miles per gallon standard. The types of vehicles that are to be excluded include, but are not limited to: law enforcement vehicles; vehicles whose primary function is to carry cargo; specialized utility vehicles; construction vehicles; and any other vehicle whose primary function is other than the transportation of five (5) passengers or fewer. For the purposes of this Section, the Procurement Officers of the Judiciary of Guam, the Guam Legislature, and any government of Guam entity not subject to the Chief Procurement Officer’s procurement review, shall prepare and maintain a listing of those vehicles that are excluded from the minimum average combined city and highway miles per gallon standard as defined herein.

SOURCE: GC § 6954.9. New section. Subsection (b) repealed by P.L. 20-
005:2 (Apr. 29, 1989) as GC § 6954.9(b). Subsection (b) added by P.L. 24-
056:1 (June 25, 1997) relative to public transportation vehicles. Subsection (a) amended by P.L. 29-138:1 (Jan. 30, 2009). Subsections (e)
added by P.L. 32-002:2 (Mar. 6, 2013). Subsection (f) added by P.L. 32-
002:3 (Mar. 6, 2013). Subsection (c) amended by P.L. 32-002:4 (Mar. 6,
2013).

COMMENT: The Committee wanted to provide for temporary leasing, and fleet maintenance at the lowest cost to the government and for disposal of the fleet.