Guam § 5480 - Waiver of Sovereign Immunity in Connection with Contracts.

§ 5480. Waiver of Sovereign Immunity in Connection with Contracts.

(a) Solicitation and Award of Contracts. The Superior Court of Guam shall have jurisdiction over an

action between Guam and a bidder, offeror, or contractor, either actual or prospective, to determine whether

a solicitation or award of a contract is in accordance with the statutes, regulations, and the terms and

conditions of the solicitation. The Superior Court shall have such jurisdiction in actions at law or in equity,

and whether the actions are for monetary damages or for declaratory, or other equitable relief.

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(b) Debarment or Suspension. The Superior Court shall have jurisdiction over an action between Guam

and a person who is subject to a suspension or debarment proceeding, to determine whether the debarment

or suspension is in accordance with the statutes and regulations. The Superior Court shall have such

jurisdiction, in actions at law or in equity, and whether the actions are for declaratory, or other equitable

relief.

(c) In addition to other relief and remedies, the Superior Court shall have jurisdiction to grant

injunctive relief in any action brought under Subsections (a), (b) or (c) of this Section.

(d) Limited Finality for Administrative Determinations. In any judicial action under this Section,

factual or legal determinations by employees, agents or other persons appointed by Guam shall have no

finality and shall not be conclusive, notwithstanding any contract provision, or regulation, except to the

extent provided in §§ 5245, 5705 and 5706 of this Chapter.

(e) For purposes of this Section a “prospective” bidder, contractor or offeror is one who will actually

submit a bid, contract or otherwise offer his services if, in the actions permitted by this Section, such person

would prevail.

(f) All actions permitted by this Article shall be conducted as provided in the Government Claims Act.