Every contract modification, change order, or contract price adjustment under a construction contract with Guam in excess of Five Thousand Dollars ($5,000) shall be subject to prior written certification by the fiscal officer of the entity responsible for funding the project or the contract, or other official responsible for monitoring and reporting upon the status of the costs of the total project budget or contract budget, as to the effect of the contract modification, change order, or adjustment in contract price on the total project budget or the total contract budget. In the event that the certification of the fiscal officer or other responsible official discloses a resulting increase in the total project budget or the total contract budget, the Director of Public Works or the head of a purchasing agency shall not execute or make such contract modification, change order, or adjustment in contract price unless sufficient funds are available therefor, or the scope of the project or contract is adjusted so as to permit the degree of completion that is feasible within the total project budget or total contract budget as it existed prior to the contract modification, change order, or adjustment in contract price under consideration; provided, however, that with respect to the validity, as to the contractor, of any executed contract modification, change order, or adjustment in contract price which the contractor has reasonably relied upon, it shall be presumed that there has been compliance with the provisions of this Section.

SOURCE: GC § 6968.l. MPC § 5-402.

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

90

COL 7/27/2023

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

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ARTICLE 6
MODIFICATION AND TERMINATION OF CONTRACTS FOR
SUPPLIES AND SERVICES