Guam § 5425 - Protest Procedure for Procurement Funded with American Rescue Plan Act of 2021,

§ 5425. Protest Procedure for Procurement Funded with American Rescue Plan Act of 2021,

Education Stabilization Fund, or Head Start Grant Allotted to the Guam Department of Education.

(a) Notwithstanding any other provision of law, if a selected or non-selected vendor, contractor, or

service provider is aggrieved by an award or a contract for capital improvement projects funded, in whole

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or in part, by the funds allotted to the Guam Department of Education from the American Rescue Plan Act

(ARPA) of 2021, Education Stabilization Fund, or Head Start Grant, the procedure for initiating a protest

outlined in this Section shall apply, and shall be the exclusive means available to resolve the concerns of

persons aggrieved in connection with awards or solicitations funded in whole or in part with moneys allotted

to GDOE from ARPA, the Education Stabilization Fund, or the Head Start Grant. The protest shall be

submitted to the Public Auditor who shall expedite the administrative review process of the appeal in

accordance with rules and regulations to be adopted and promulgated by the Public Auditor within sixty

(60) calendar days of the effective date of this Act and approved by I Liheslaturan Guåhan. The expedited

procedures shall be prominently designated as such in the notice and the solicitation. All prospective

bidders, offerors, and contractors shall acknowledge and sign an affidavit stating they are aware of the

expedited process and agree to abide by the rules and deadlines outlined in the expedited process.

(b) If the protest is not resolved by mutual agreement within twenty (20) days of the filing of the protest

with the Public Auditor, the Public Auditor shall issue a decision, in writing, no later than twenty (20) days,

Saturdays, Sundays and Government of Guam holidays excepted, of receipt of the protest. The decision

shall state the Public Auditor’s reasons for its decision. A copy of the written decision shall be served by

certified mail, or otherwise personally served to the parties named in the protest, including but not limited

to: the vendor, contractor, or service provider who initiated the protest, the person awarded the contract,

and to all other non-selected bidders or offerors.

(c) For purposes of this Section, the Public Auditor’s decision and determination of facts resolving

protests of procurement contracts funded in whole or in part by ARPA, Education Stabilization Fund, or

Head Start Grants shall be final and conclusive with no right of appeal or judicial review. The fact that a

protest has been filed pursuant to this Section shall not stay the procurement process or award of any

contract funded in whole or in part by ARPA, Education Stabilization Fund, or Head Start Grants unless so

ordered by the Public Auditor. In addition, a request for reconsideration shall not stay the award of any

contract funded in whole or in part by ARPA, Education Stabilization Fund, or Head Start Grants, unless

so ordered by the Public Auditor.

(d) This Section is repealed effective December 31, 2024, unless the federal grantor agency authorizes

an extension of time for the expenditure of ARPA funds, in which case this Section shall be repealed at the

end of the extension period.