Guam § 7112 - Public-Private Partnership for the Management of

§ 7112. Public-Private Partnership for the Management of

the Maintenance, Operation and Repair of GDOE Facilities.

(a) The Guam Department of Education (GDOE) shall

solicit proposals or bids from qualified parties for the management

of the maintenance, operation and repair of GDOE facilities.

(1) Such solicitation shall be subject to the procurement

laws of the government of Guam.

(2) The solicitation shall include in its scope of work at

a minimum, but not limited to:

(A) An energy savings performance contract

(ESPC) in which the Contractor provides design-build

services, inclusive of the acquisition of energy and water

efficient fixtures, operations and maintenance services,

with guaranteed utility savings which shall be used to

pay the Contractor.;

(B Facilities & Maintenance personnel training;

(C) A five (5)-year plan to address and ensure

compliance with the Adequate Education Act found in

Public Law 28-45 and other applicable public health and

safety requirements.

(3) GDOE shall issue such solicitation one hundred

twenty (120) days after the enactment of this Section.

(4) The procurement process shall adhere to the

mandates of Public Law 30-157 relative to the duties of the

Attorney General.

In the event the GDOE finds that it is in its best interests to enter

into a contract for the management of the GDOE facilities, the

conditions set forth in this § 7112.1 shall apply to such contract.

(b) Notwithstanding any other provision of law or

regulation, the GDOE may enter into a public-private partnership

agreement pursuant to this Section § 7112.1 for a period up to

fifteen (15) years. The initial term of such an agreement shall be

for a period of at least five (5) years.

(c) Initial Investment. The Contractor shall be required to

purchase or finance a minimum of Five Million Dollars

($5,000,000) in equipment acquisition or structural repairs and

upgrades of GDOE facilities within one (1) year from the

execution of the contract.

(d) Special Terms.

(1) The principal performance manager of the selected

Contractor shall have a minimum of ten (10) years of

experience in managing the operation and maintenance of

educational, residential, or food service facilities;

(2) The Contractor must be licensed on Guam to

perform the requisite services at the time of contract

execution; and

(3) All GDOE Facilities and Maintenance Division

employees shall continue to be employees of the government

of Guam, and subject to the applicable personnel rules and

regulations of the GDOE.

(e) Contract Performance Reviews. All contracts awarded

subject to the provisions of this Act must contain performance

reviews at least annually, and provisions for contract termination

or penalty based upon such review.

(f) GDOE Maintenance Division employees shall have the

option to transfer to another line or autonomous agency or

department of the government within ninety (90) days of the

GDOE contract with a PMC without losing their pay grade, leave,

or other benefits, provided, that a vacancy exists in the receiving

agency and the employee meets the qualification requirements.