Guam § 5802 - Employment Right of First Refusal.

§ 5802. Employment Right of First Refusal.

(a) Any and all outsourcing of government of Guam services that replace in part or whole the services

presently being provided by a government entity shall require that the employees providing such services,

who will be separated from the government as a result of any award, be provided the Right of First Refusal

for employment openings under such award in positions for which they are qualified. Except for employees

possessing information not available to all other subsequent bidders that would give unfair advantage to a

subsequent bidder, the post-government employment conflict of interest standards or 5 GCA § 5632 and §

5633 shall not restrict the hiring of employees upon outsourcing as provided by this Act.

(b) Within ten (10) days after the award, the Department of Administration will provide to the Awardee

a list of all government employees who have been or will be separated as a result of such award.

(1) The Awardee shall report back to the Department of Administration the names of individuals

identified on the list who are employed by the prime or any sub-awardee no later than thirty (30) days

upon the commencement of such service.

(2) Furthermore, the Awardee shall include the substance of this clause in all subcontracts under

this Award.

(3) The minimum and prevailing wage, and benefits criteria established within P.L. 26-111 shall

be applicable.