(b) Processing of Unsolicited Offers. The Chief Procurement Officer, the Director of Public Works or the head of the Purchasing Agency shall consider the offer as provided in this Section. If an agency that receives an unsolicited offer is not authorized to solicit or enter into a contract for the supplies, services or construction offered, the head of such agency shall forward the offer to the Chief Procurement Officer, the Director of Public Works or the head of a Purchasing Agency, who shall consider and evaluate the offer as provided in this Section.

(c) Conditions for Consideration. To be considered for evaluation, an unsolicited offer:

(1) must be in writing;

(2) must be sufficiently detailed to allow a judgment to be made concerning the potential utility of the offer to Guam and to the government;

(3) must be unique or innovative to Guam’s and the government’s use; and

(4) may be subject to testing under terms and conditions specified by the government.

(d) Evaluation. The unsolicited offer shall be evaluated to determine its utility to Guam and to the government, and whether it would be to Guam’s and the government’s advantage to procure such service.

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(e) Competitive Sealed Bidding Required. All unsolicited offers considered as being desirable shall be subjected to the Competitive Sealed Bidding process under § 5211. Notwithstanding any other provision of law, sole source procurement shall not be permissible in any procurement arising from an unsolicited offer. The criteria set forth in the Invitation for Bids shall not require the inclusion of any proprietary item proposed in the unsolicited offer, and the proprietary character of an unsolicited offer or the inclusion of a proprietary item in the unsolicited offer shall not be used to favor the offer or any other bid, nor be a determining factor in awarding a bid. Such Invitation for Bids shall not contain any reference to the financial offer of the unsolicited offeror, but shall contain a sufficient technical description to allow other parties to identify the technical concept of the offer, and to prepare bids.

SOURCE: Added by P.L. 25:031:2 (June 4, 1999)as § 1518; renumbered by Compiler.

§ 5220. Publication of IFB and RFP Documents on the
Agency’s Website.

(a) Notwithstanding any other provision of this Chapter, Invitations for Bid (IFBs) and Requests for Proposals (RFPs) shall be posted on the procuring agency’s website. IFBs and RFPs procured through the General Services Agency (GSA) or the Department of Public Works (DPW) shall be posted, on the date of the IFB/RFP announcement, simultaneously on the procuring agency’s website and the websites of GSA and DPW respectively. No fees shall be assessed to prospective bidders or other parties for accessing/downloading procurement documents from an agency’s website. Such documents shall remain on the respective agencies’ websites for a period of not less than one hundred eighty (180) days following the award of the Bid or Proposal.

(b) The procuring agency, and GSA and DPW if applicable, shall provide notice in each IFB/RFP announcement that recommends that prospective bidders/respondents register contact information with the agency to ensure that they receive any notices regarding any changes or updates to the IFB/RFP. The procuring agency, and GSA and DPW shall not be liable for failure to provide notice to any party who did not register contact information.

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(c) Nothing herein is intended to prevent the procuring agency, GSA, or DPW from making physical or digital media copies of procurement documents and assessing reasonable fees for such documents in a manner consistent with public law, administrative rules and regulations, and departmental policy that existed prior to the enactment of this Section.

SOURCE: Added by P.L. 31-228:1 (June 15, 2012). Subsection (b)
amended by P.L. 31-233:XII:36 (Sept. 7, 2012).