Guam § 5426 - Authority to Debar or Suspend.

§ 5426. Authority to Debar or Suspend.

(a) Authority. After reasonable notice to the person involved and reason able opportunity for that

person to be heard, the Chief Procurement Officer, the Director of Public Works or the head of a purchasing

agency, after consultation with the using agency and the Attorney General, shall have authority to debar a

person for cause from consideration for award of contracts. The debarment shall not be for a period of more

than two (2) years. The same officer, after consultation with the using agency and the Attorney General,

shall have authority to suspend a person from consideration for award of contracts if there is probable cause

for debarment. The suspension shall not be for a period exceeding three (3) months. The authority to debar

or suspend shall be exercised in accordance with regulations promulgated by the Policy Office.

(b) Causes for Debarment or Suspension. The causes for debarment or suspension include the

following:

(1) conviction for commission of a criminal offense as an incident to obtaining or attempting to

obtain a private contract or subcontract, or in the performance of such contract or subcontract;

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(2) conviction under Guam or federal statutes of embezzlement, theft, forgery, bribery,

falsification or destruction of records, receiving stolen property, or any other offense indicating a lack

of business integrity or business honesty which currently, seriously and directly affects responsibility

as a Guam contractor;

(3) conviction under federal antitrust statutes arising out of the submission of bids or proposals;

(4) violation of contract provisions, as set forth below, of a character which is regarded by the

Chief Procurement Officer, the Director of Public Works or the head of a purchasing agency to be so

serious as to justify debarment action:

(A) deliberate failure without good cause to perform in accordance with the specifications

or within the time limit provided in the contract; or

(B) a recent record of failure to perform or of unsatisfactory performance in accordance with

the terms of one or more contracts, provided, that failure to perform or unsatisfactory performance

caused by acts beyond the control of the contractor shall not be considered to be a basis for

debarment;

(5) any other cause the Chief Procurement Officer, the Director of Public Works or the head of a

purchasing agency determines to be so serious and compelling as to affect responsibility as a Guam

contractor, including debarment by another governmental entity for any cause listed in regulations of

the Policy Office;

(6) for violation of the ethical standards set forth in Article 11 of this Chapter.

(7) filing a frivolous or fraudulent petition, protest or appeal under § 5425(e), § 5426(f) or of §

5427(e) of this Chapter.

(c) Decision. The Chief Procurement Officer, the Director of Public Works or the head of a purchasing

agency shall issue a written decision to debar or suspend. The decision shall:

(1) state the reasons for the action taken; and

(2) inform the debarred or suspended person involved of its rights to judicial or administrative

review as provided in this Chapter.

(d) Notice of Decision. A copy of the decision under Subsection (c) of this Section shall be mailed or

otherwise furnished immediately to the debarred or suspended person and any other party intervening.

(e) Finality of Decision. A decision under Subsections (c) or (f) of this Section shall be final and

conclusive, unless fraudulent, or an appeal is taken to the Public Auditor in accordance with § 5706 of this

Chapter.

(f) Any member of the public may petition the Chief Procurement Officer, the Director of Public

Works or the head of a purchasing agency to take action to debar or suspend pursuant to Subsection (a) of

this Section. An investigation of each petition shall be conducted promptly and a written report should be

made of findings of fact and action taken.