Guam § 5008 - Policy in Favor of Local Procurement.

§ 5008. Policy in Favor of Local Procurement.

All procurement of supplies and services shall be made from among businesses licensed to do business

on Guam and that maintain an office or other facility on Guam, whenever a business that is willing to be a

contractor is:

(a) a licensed bona fide manufacturing business that adds at least twenty-five percent of the value

of an item, not to include administrative overhead, using workers who are U. S. Citizens or lawfully

admitted permanent residents or nationals of the United States, or persons who are lawfully admitted

to the United State to work, based on their former citizenship in the Trust Territory of the Pacific

Islands; or

(b) a business that regularly carries an inventory for regular immediate sale of at least fifty percent

(50%) of the items of supplies to be procured; or

(c) a business that has a bona fide retail or wholesale business location that regularly carries an

inventory on Guam of a value of at least one half of the value of the bid or One Hundred Fifty Thousand

Dollars ($150,000) whichever is less, of supplies and items of a similar nature to those being sought;

or

(d) A service business actually in business, doing a substantial portion of its business on Guam,

and hiring at least 95% U. S. Citizens, lawfully admitted permanent residents or nationals of the United

States, or persons who are lawfully admitted to the United States to work, based on their citizenship

in any of the nations previously comprising the Trust Territory of the Pacific Islands.

Procurement of supplies and services from off Guam may be made if no business for such supplies or

services may be found on Guam or if the total cost F.O.B. job site, unloaded, of procurement from off

island is no greater than eighty-five percent (85%) of the total cost F.O.B. job site, unloaded, of the

same supplies or services when procured from a business licensed to do business on Guam that

maintains an office or other facility on Guam and that is one of the above-designated businesses

entitled to preference.

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(e) The specifications, terms, conditions and qualifications for all solicitations shall be drafted to

promote participation in the solicitation by local bidders and offerors to the maximum extent

practicable consistent with the needs of Guam. No specification, term, condition or qualification shall

preclude due consideration of a bidder or offeror on the basis of Guam-only experience; provided, the

experience of such bidder or offeror is otherwise responsive to the solicitation. No specification, term,

condition or qualification of a solicitation shall require off-island experience or past performance

unless there is a written determination of the Chief Procurement Officer, the Director of Public Works,

or the head of the procuring agency or government of Guam branch conducting the solicitation which

justifies the need for such experience or performance, and such written determination is made part of

the solicitation documents.