Guam § 5214 - Sole Source Procurement.

§ 5214. Sole Source Procurement.

(a) A contract may be awarded for a supply, service, or construction item without competition when,

prior to commencing negotiations:

(1) the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency,

or a designee of either officer above the level of the Procurement Officer, determines in writing that

there is only one (1) source for the required supply, service, or construction item; and

(2) the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency,

or a designee of either officer above the level of the Procurement Officer, prepares a package to market

and present to prospective vendors or service providers, which shall be based on the determination of

need and market research, and contain a purchase description, evaluation factors, delivery or

performance schedule, inspection and acceptance requirements, the contract terms and conditions, and

any warranty, bond, or other security requirement of the sole source contract.

(b) A sole source contract shall not exceed a term greater than one (1) year, with four (4) successive

annual options to renew. Any option to renew a contract under this Section shall not exceed a term greater

than one (1) year. An option to renew may be exercised only by the government when, at the time to be

exercised, the Chief Procurement Officer, the Director of Public Works, the head of a purchasing agency,

or a designee of either officer above the level of the Procurement Officer, determines in writing that there

is only one (1) source for the required supply, service, or construction item.

(c) Prior to and as a condition of making any determination in writing required under Subsections (a)(l)

or (b) of this Section, the purchasing agency shall prepare a written report for the person making such

determination, which shall include a detailed analysis of the minimum needs of the government upon which

the contract is based, findings from thorough market research, and a conclusion that will certify accurate

and complete necessary data to support their recommendation that there is no other source that will satisfy

the minimum needs of the government. The report must be signed by the person or persons conducting the

market research and analysis, and shall be made part of the procurement record.

(d) A sole source contract shall not be awarded or executed unless and until the Chief Procurement

Officer, the Director of Public Works, the head of a purchasing agency, or a designee of either officer above

the level of the Procurement Officer, has determined in writing that the contract price is fair and reasonable

and consistent with applicable regulations. Such determination shall include relevant cost and price

information from the sole source and comparable or substitute supplies, services, or construction items.

(e) The purchasing agency shall publish a notice in a newspaper of general circulation on Guam, and

on its website, within fourteen (14) calendar days of awarding any contract under this Section, in excess of

Fifty Thousand Dollars ($50,000). The notice shall include the names of the purchasing agency and

awardee(s), the contract award amount, term, and the nature of the contract.