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- Jul 19, 2026
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- INVITATION FOR BID
MISCELLANEOUS REPAIRS FOR THE MUNICIPALITY OF
SINAJANA
No. GSA-038-26
ISSUED BY:
General Services Agency
Suite 230, 2
nd
Floor ITC Building
590 South Marine Corps Drive,
Tamuning, Guam 96913
ISSUE DATE: Monday, July 20, 2026
SITE VISIT (NON-MANDATORY): Friday, July 31, 2026, 9:30 AM ChST
SUBMISSION DEADLINE: Tuesday, August 11, 2026, 10:00 AM ChST
BID OPENING DATE: Tuesday, August 11, 2026, 10:05 AM ChST
NAME AND LOCATION OF PROJECT(S):
Mayors’ Council of Guam –
Municipality of Sinajana
___________________________
ANDRIANA QUITUGUA
Acting Chief Procurement Officer
Page 1 of 49
- Listing
- Title
- MISCELLANEOUS REPAIRS FOR THE MUNICIPALITY OF SINAJANA
- Category
- Invitation for Bid
- Bid Number
- GSA-038-26
- Cancelled
- No
- Pdf Text
- INVITATION FOR BID MISCELLANEOUS REPAIRS FOR THE MUNICIPALITY OF SINAJANA No. GSA-038-26 ISSUED BY: General Services Agency Suite 230, 2nd Floor ITC Building 590 South Marine Corps Drive, Tamuning, Guam 96913 ISSUE DATE: Monday, July 20, 2026 SITE VISIT (NON-MANDATORY): Friday, July 31, 2026, 9:30 AM ChST SUBMISSION DEADLINE: Tuesday, August 11, 2026, 10:00 AM ChST BID OPENING DATE: Tuesday, August 11, 2026, 10:05 AM ChST NAME AND LOCATION OF PROJECT(S): Mayors’ Council of Guam – Municipality of Sinajana ___________________________ ANDRIANA QUITUGUA Acting Chief Procurement OfficerPage 1 of 49 DOA 132 Re (Revised as of 10/15/2025) INVITATION FOR BID No. GSA-038-26 Miscellaneous Repairs for the Municipality of Sinajana SPECIAL REMINDER TO PROSPECTIVE BIDDERS Bidders are reminded to read the Sealed Bid Solicitation and Instructions, and General Terms and Conditions attached to the IFB to ascertain that all of the following requirements checked below are submitted in the bid envelope, in duplicate, at the date and time for bid opening. Registration for the Invitation for Bid (IFB) Packet will be available at General Services Agency, Suite 230, 2nd Floor ITC Building 590 South Marine Corps Drive, Hagåtña, Guam; and on the GSA website at www.gsa.doa.guam.gov. From: Monday, July 20, 2026 To: Tuesday, August 11, 2026 Site Visit (Non-Mandatory) Location: Sinajana Mayor’s Office Friday, July 31, 2026, 9:30 AM Chamorro Standard Time (ChST) Deadline for Submission of Written Questions and Concerns must be e-mailed to bids@gsadoa.guam.gov. Monday, August 3, 2026, 5:00 PM Chamorro Standard Time (ChST) Deadline for Submission of Bid Bid Opening (Open to the Public) Location: General Services Agency, Suite 230, 2nd Floor ITC Building, 590 South Marine Corps Drive, Tamuning, Guam Tuesday, August 11, 2026, 10:00 AM ChST Tuesday, August 11, 2026, 10:05 AM ChST Bid Guarantee (15% of Bid Amount) may be in the form of: (Reference #11 on the General Terms and Conditions) a. Cashier’s Certified Check b. Surety Bond – Valid only if accompanied by: 1. Current Certificate of Authority issued by the Insurance Commissioner, 2. Power of Attorney issued by the Surety to the Resident General Agent, only when the Surety is a foreign or alien corporation. 3. Power of Attorney issued by two (2) major officers of the Surety to whoever is signing on their behalf, only when the Surety is a foreign or alien corporation. Submission Required Brochures/Descriptive Literature Submission Not Required Affidavit Disclosing Ownership, Influence, Commissions and Conflicts of Interest (Required by 5GCA §5233 as amended by P.L. 36-13 (4/9/2021) a. Date of signature of the person authorized to sign the bid and the notary date must be within thirty (30) days. Failure to comply with this requirement shall render the bid non-responsive and is subject to rejection. Submission Required Other Requirements: Affidavit re Ethical Standards, Affidavit re No Gratuities or Kickbacks, Special Provision; Restriction Against Sexual Offenders, Affidavit D.O.L. Wage Determination, Affidavit re Non-Collusion, Affidavit re Contingent Fees a. Date of signature of the person authorized to sign the bid and the notary date must be within thirty (30) days. Failure to comply with this requirement shall render the bid non-responsive and is subject to rejection. Submission Required Current Business License, Contractor’s License, Specialty License, in reference to supplies or services for this bid must be submitted prior to an award.* *A Business License, Contractor’s License, Specialty License is not required in order to submit a bid, but is a pre-condition for award and entering into a contract with GSA. Required Prior to an Award This reminder must be signed and returned in the bid envelope together with the bid. Failure to comply with the above requirements may be cause for disqualification and rejection of the bid. _______________________________________ Bidder Representative’s Signature / DatePage 2 of 49 INVITATION FOR BID No. GSA-038-26 ACKNOWLEDGEMENT RECEIPT FORM Please be advised that to be considered a prospective bidder you must fill out this Acknowledgement receipt form. Please submit form by email to bids@gsadoa.guam.gov Acknowledgement Receipt Form must be submitted no later than three (3) days upon receipt of IFB package. Company/Firm ________________________________________ Name ________________________________________ Signature ________________________________________ Date ________________________________________ Time ________________________________________ Contact Number ________________________________________ Contact Person regarding IFB ________________________________________ Title ________________________________________ E-Mail Address ________________________________________ Address ________________________________________ Note: GSA recommends that prospective bidders register current contact information with GSA to ensure they receive any notices regarding any changes or update to the IFB. GSA will not be liable for failure to provide notice to any party who did not register current contact information. Reference: Page 13 of 49 #2(e) – No Entitlement to Preparation Costs – the bidder expressly waives any right it may have against the government for any expenses incurred in connection with the preparation of its bid. Reference: Page 13 of 49 #2(f) – Bidder must clearly indicate compliance in the “Bidding On/Remarks” column for all listed specifications or requirements. Failure to indicate compliance shall render the bid non- responsive and is subject to rejection. Reference: Page 13 of 49 #5 – Acknowledgment of Amendments to Solicitations – Receipt of an amendment to a Solicitation by a bidder must be acknowledged by signing an acknowledgment of receipt of the amendment. Such acknowledgment must be received prior to the hour and date specified for receipt of bids.Page 3 of 49 EDWARD M. BIRN Director (Direktot) RENA K. BORJA Deputy Director (Sigundo Direktot) GENERAL SERVICES AGENCY (Ahension Setbision Hinirat) Telephone (Telifon): (671) 475-1705/1706 LOURDES A. LEON GUERRERO Governor (Maga’håga) JOSHUA F. TENORIO Lt. Governor (Sigundo Maga’låhi) Invitation for Bid Form and Contract Invitation for Bid: GSA-038-26 Bid For: Miscellaneous Repairs for the Municipality of Sinajana Type of Contract: Firm Fixed-Price Contract Specification(s): See Attached Terms and Conditions: See Attached Destination: Mayors’ Council of Guam (MCOG) – Municipality of Sinajana Required Delivery Date: 180 Days Upon Receipt of Purchase Order. The undersigned offers and agrees to furnish within the time specified, the articles and services at the price stated opposite the respective items listed on the schedule provided, unless otherwise specified by the bidder. In consideration to the expense of the Government in opening, tabulating, and evaluating this and other bids, and other considerations, the undersigned agrees that this bid remain firm and irrevocable within 90 calendar days from the date opening to supply any or all the items which prices are quoted. NAME AND ADDRESS OF BIDDER: SIGNATURE AND TITLE OF PERSON AUTHORIZED TO SIGN THIS BID: ____________________________________ ____________________________________ ___________________________________ ____________________________________ THIS SECTION IS FOR GENERAL SERVICES AGENCY USE ONLY – DO NOT SIGN UNLESS DIRECTED. CONTRACT NO.: ___________________ AMOUNT:_______________________ DATE:____________________ Item No(s). Awarded:_____________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NAME AND ADDRESS OF CONTRACTOR: SIGNATURE AND TITLE OF PERSON AUTHORIZED TO SIGN THIS CONTRACT: ______________________________________ ______________________________________ ______________________________________ ______________________________________ PROCUREMENT OFFICER: ANDRIANA QUITUGUA Acting Chief Procurement OfficerPage 4 of 49 CONTRACT TERMS AND CONDITIONS GSA-038-26 Miscellaneous Repairs for the Municipality of Sinajana Article I - Prohibitions 1. Representation Regarding Gratuities and Kickbacks The bidder, offeror, or contractor represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities and kickbacks set forth in §11206 (Gratuities and Kickbacks) of the Guam Procurement Regulations.” 2. Representation Regarding Contingent Fees The contractor represents that it has not retained a person to solicit or secure a territorial contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. 3. Representation Regarding Ethical Standards for Government Employees and Former Government Employees The bidder, offeror, or contractor represents that it has not knowingly influenced and promises that it will not knowingly influence a government employee to breach any of the ethical standards set forth in 5 GCA Chapter 5 Article 11 (Ethics in Public Contracting) of the Guam Procurement Act and in Chapter 11 of the Guam Procurement Regulations. 4. Restriction Against Contractors Employing Convicted Sex Offenders From Working at Government of Guam Venues (1) no person providing services on behalf of the contractor has been convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an offense as defined in Article 2 of Chapter 28, Title 9 GCA, or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry; and (2) if any person providing services on behalf of the contractor is convicted of a sex offense under the provisions of Chapter 25 of Title 9 GCA or an offense as defined in Article 2 of Chapter 28, Title 9 GCA or an offense in another jurisdiction with, at a minimum, the same elements as such offenses, or who is listed on the Sex Offender Registry, that such person will be immediately removed from working at said agency and that the administrator of said agency be informed of such within twenty-four (24) hours of such conviction. Article II – Debarment and Suspension 5. Debarment and Suspension. Code of Federal Regulations (CFR) 2 CFR Part 200 §200.214 (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The Awardee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal, state, or local government. If, at any time during the term of this contract, the Contractor becomes debarred or suspended, the Contractor shall immediately notify GSA in writing. Article III - Delivery and Warranty 6. Required Delivery Date. The awarded contractor shall complete the work within one hundred eighty (180) days of receipt of the purchase order. 7. Warranty. The awarded contractor shall provide one (1) year warranty upon acceptance of completion date.Page 5 of 49 Article IV - Licenses 8. Licenses and Permit. The awarded contractor shall obtain all required permit for proposed work. The Awardee is responsible to obtain any and all licenses and clearances required by the Guam Contractor’s License Board to perform this contract. Article V – Invoicing and Payment 9. Invoicing. The Awardee shall submit an accurate invoice referencing the applicable Contract Number and Purchase Order. Each invoice must include a description of goods and services, quantities, and pricing consistent with the approved contract terms. 10. Payment. Payment shall be made within thirty (30) days after receipt and acceptance of goods and/or services in good condition at the designated delivery location.Page 6 of 49 G.S.A. Form 112 (Revised April 2, 2026) GOVERNMENT OF GUAM GENERAL TERMS AND CONDITIONS SEALED BID SOLICITATION AND AWARD Only those Boxes checked below with an “X” are applicable to this bid. 1. [X] AUTHORITY: This solicitation is issued subject to all the provision of the Guam Procurement Act (5GCA, Chapter 5) and the Guam Procurement Regulations (copies of both are available at the Office of the Complier of laws, Department of Law, copies available for inspection at General Services Agency). It requires all parties involved in the Preparation, negotiation, performance, or administration of contracts to act in good faith. 2. [X] GENERAL INTENTION: Unless otherwise specified, it is the declared and acknowledged intention and meaning of these General Terms and conditions for the bidder to provide the Government of Guam (Government) with specified services or with materials, supplies or equipment completely assembled and ready for use. 3. [X] TAXES: Bidders are cautioned that they are subject to Guam Income Taxes as well as all other taxes on Guam Transactions. Specific information on taxes may be obtained from the Director of Revenue and Taxation. 4. [X] LICENSING: Bidders are cautioned that the Government will not consider for award any offer submitted by a bidder who has not complied with the Guam Licensing Law. Specific information on licenses may be obtained from the Director of Revenue and Taxation. 5. [X] LOCAL PROCUREMENT PREFERENCE: All procurement of supplies and services where possible, will be made from among businesses licensed to do business on Guam in accordance with 5 GCA, Chapter 5 §5008. 6. [X] COMPLIANCE WITH SPECIFICATIONS AND OTHER SOLICITATION REQUIREMENTS: Bidders shall comply with all specifications and other requirements of the Solicitation. 7. [ ] “ALL OR NONE” BIDS: By checking this item, the Government is requesting all of the bid items/requirements to be bid on or none at all in accordance with 2 GAR, Division 4, Section 3115(f). 8. [X] INDEPENDENT PRICE DETERMINATION: The bidder, upon signing the Invitation for Bid, certifies that the prices in his bid were derived at without collusion, and acknowledge that collusion and anti-competitive practices are prohibited by law. Violations will be subject to the provision of Section 5651 of that of the Guam Procurement Act. Other existing civil, criminal or administrative remedies are not impaired and may be in addition to the remedies in Section 5651 of the Government code. 9. [X] BIDDER’S PRICE: The Government will consider not more than two (2) (Basic and Alternate) item prices and the bidder shall explain fully each price if supplies, materials, equipment, and/or specified services offered comply with specifications and the products origin. Where basic or alternate bid meets the minimum required specification, cost and other factors will be considered. Failure to explain this requirement will result in rejection of the bid. 10. [X] BID ENVELOPE: Envelope shall be sealed and marked with the bidder’s name, Bid number, time, date and place of Bid Opening. 11. [X] BID GUARANTEE REQUIREMENT: Bidder is required to submit a Bid Guarantee in the form of a Surety Bond (Bid Bond) or Certified Cashier’s Check in the same bid envelope to be held by the Government pending award. The Bid Bond or Certified Cashier’s Check must be issued by any local surety or banking institution licensed to do business on Guam and made payable to the Treasurer of Guam or the General Services Agency in the amount of fifteen percent (15%) of his highest total bid offer. The Bid Bond must be submitted on Government Standard Form BB-1 (copy enclosed). Personal Checks will not be accepted as Bid Guarantee. If a successful Bidder (contractor) withdraws from the bid or fails to enter into contract within the prescribed time, such Bid Guarantee will be forfeited to the Government of Guam. Bids will be disqualified if not accompanied by Bid Bond or Certified Cashier’s check. Bidder must include in his/her bid a valid Certificate of Authority from the Government of Guam to show proof that the Surety Company named on the bond instrument is authorized by the Government of Guam and qualified to do business on Guam. In addition, when the Surety is a foreign or alien corporation, a valid Power of Attorney executed by two (2) authorized officers of the Surety and issued to the Resident General Agent shall be required. For detailed information on bonding matters, contact the Department of Revenue and Taxation. Failure to submit the required Certificate of Authority, and where applicable, the Power of Attorney, shall be cause for rejection of bid. Pursuant to 5 GCA § 5212, all competitive sealed bidding for the procurement of supplies or services exceeding $25,000.00 a 15% Bid Security of the total bid price must accompany the bid package. The Bid Bond or Certified Cashier’s Check will serve as Bid Security for this procurement.Page 7 of 49 G.S.A. Form 112 (Revised April 2, 2026) 12. [X] PERFORMANCE GUARANTEE: Bidders who are awarded a contract under this solicitation, guarantee that goods will be delivered or required services performed within the time specified. Failure to perform the contract in a satisfactory manner may be cause for suspension or debarment from doing business with the Government of Guam. In addition, the Government will hold the Vendor liable and will enforce the requirements as set forth in Section 41 of these General Terms and Conditions. 13. [X] SURETY BONDS: Bid and Bid Bonds coverage must be signed or countersigned in Guam by a foreign or alien surety’s resident general agent. The surety must be an Insurance Company, authorized by the government of Guam and qualified to do business in Guam. Bids will be disqualified if the Surety Company does not have a valid Certificate of Authority from the Government of Guam to conduct business in Guam. 14. [X] COMPETENCY OF BIDDERS: Bids will be considered only from the bidders who, in the opinion of the Government, can show evidence of their ability, experience, equipment, and facilities to render satisfactory service. 15. [X] DETERMINATION OF RESPONSIBILITY OF BIDDERS: The Chief Procurement Officer reserves the right for securing from bidders information to determine whether or not they are responsible and to inspect plant site, place of business; and supplies and services as necessary to determine their responsibility in accordance with Section 16 of these General Terms and Conditions. (2 GAR, Div. 4 § 3116) 16. [X] STANDARD FOR DETERMINATION OF LOWEST RESPONSIBLE BIDDER: In determining the lowest responsible offer, the Chief Procurement Officer shall be guided by the following: a) Price of items offered. b) The ability, capacity, and skill of the Bidder to perform. c) Whether the Bidder can perform promptly or within the specified time. d) The quality of performance of the Bidder with regards to awards previously made to him. e) The previous and existing compliance by the Bidder with laws and regulations relative to procurement. f) The sufficiency of the financial resources and ability of the Bidder to perform. g) The ability of the bidder to provide future maintenance and services for the subject of the award. h) The compliance with all of the conditions to the Solicitation. 17. [X] TIE BIDS: If the bids are for the same unit price or total amount in the whole or in part, the Chief Procurement Officer will determine award based on 2 GAR, Div. 4, § 3109(o) (2) or to reject all such bids. 18. [ ] BRAND NAMES: Any reference in the Solicitation to manufacturer’s Brand Names and number is due to lack of a satisfactory specification of commodity description. Such preference is intended to be descriptive, but not restrictive and for the sole purpose of indicating prospective bidders a description of the article or services that will be satisfactory. Bids on comparable items will be considered provided the bidder clearly states in his bid the exact articles he is offering and how it differs from the original specification. 19. [ ] DESCRIPTIVE LITERATURE: Descriptive literature(s) as specified in this solicitation must be furnished as a part of the bid and must be received at the date and time set for opening Bids. The literature furnished must clearly identify the item(s) in the Bid. The descriptive literature is required to establish, for the purpose of evaluation and award, details of the product(s) the bidder proposes to furnish including design, materials, components, performance characteristics, methods of manufacture, construction, assembly or other characteristics which are considered appropriate. Rejection of the Bid will be required if the descriptive literature(s) do not show that the product(s) offered conform(s) to the specifications and other requirements of this solicitation. Failure to furnish the descriptive literature(s) by the time specified in the Solicitation will require rejection of the bid. 20. [ ] SAMPLES: Sample(s) of item(s) as specified in this solicitation must be furnished as a part of the bid and must be received at the date and time set for opening Bids. The sample(s) should represent exactly what the bidder proposes to furnish and will be used to determine if the item(s) offered complies with the specifications. Rejection of the Bid will be required if the sample(s) do not show that the product(s) offered conform(s) to the specifications and other requirements of this solicitation. Failure to furnish the sample(s) by the time specified in the Solicitation will require rejection of the Bid. 21. [ ] LABORATORY TEST: Successful bidder is required to accompany delivery of his goods with a Laboratory Test Report indicating that the product he is furnishing the Government meets with the specifications. This report is on the bidder’s account and must be from a certified Testing Association. 22. [X] AWARD, CANCELLATION, & REJECTION: Award shall be made to the lowest responsible and responsive bidder, whose bid is determined to be the most advantageous to the Government, taking into consideration the evaluation factors set forth in this solicitation. No other factors or criteria shall be used in the evaluation. The right is reserved as the interest of the Government may require to waive any minor irregularity in bid received. The Chief Procurement Officer shall have the authority to award,Page 8 of 49 G.S.A. Form 112 (Revised April 2, 2026) cancel, or reject bids, in whole or in part for any one or more items if he determines it is in the public interest. Award issued to the lowest responsible bidder within the specified time for acceptance as indicated in the solicitation, results in a bidding contract without further action by either party. In case of an error in the extension of prices, unit price will govern. It is the policy of the Government to award contracts to qualified local bidders. The Government reserves the right to increase or decrease the quantity of the items for award and make additional awards for the same type items and the vendor agrees to such modifications and additional awards based on the bid prices for a period of thirty (30) days after original award. No award shall be made under this solicitation which shall require advance payment or irrevocable letter of credit from the government (2 GAR, Div.4 §1103). 23. [ ] MARKING: Each outside container shall be marked with the Purchase Order number, item number, brief item description and quantity. Letter marking shall not be less than 3/4" in height. 24. [ ] SCHEDULE FOR DELIVERY: Successful bidder shall notify the General Services Agency, Telephone No. (671) 475-1710, at least twenty-four (24) hours before delivery of any item under this solicitation. 25. [ ] BILL OF SALE: Successful supplier shall render Bills of Sale for each item delivered under this contract. Failure to comply with this requirement will result in rejection of delivery. The Bill of Sale must accompany the items delivered but will not be considered as an invoice for payment. Supplier shall bill the Government in accordance with billing instructions as indicated on the Purchase Order. 26. [ ] MANUFACTURER’S CERTIFICATE: Successful bidder is required, upon delivery of any item under this contract, to furnish a certificate from the manufacturer indication that the goods meet the specifications. Failure to comply with this request will result in rejection of delivery payment. Supplier shall bill the Government in accordance with billing instructions as indicated on the Purchase Order. 27. [X] INSPECTION: All supplies, materials, equipment, or services delivered under this contract shall be subject to the inspection and/or test conducted by the Government at destination. If in any case the supplies, materials, equipment, or services are found to be defective in material, workmanship, performance, or otherwise do not conform with the specifications, the Government shall have the right to reject the items or require that they be corrected. The number of days required for correction will be determined by the Government. 28. [ ] MOTOR VEHICLE SAFETY REQUIREMENTS: The Government will only consider Bids on motor vehicles which comply with the requirements of the National Traffic and Motor Vehicle safety Act of 1966 (Public Law 89-563) and Clean Air Act as amended (Public Law 88-206), that are applicable to Guam. Bidders shall state if the equipment offered comply with these aforementioned Federal Laws. 29. [ ] SAFETY INSPECTION: All motor vehicles delivered under this contract must pass the Government of Guam Vehicle Inspection before delivery at destination. 30. [X] GUARANTEE: a. Guarantee of Vehicle Type of Equipment: The successful bidder shall guarantee vehicular type of equipment offered against defective parts, workmanship, and performance, for a period of not less than one (1) year after date of receipt of equipment. Bidder shall also provide service to the equipment for at least one (1) year. Service to be provided shall include, but will not be limited to tune ups (change of spark plugs, contact points and condensers) and lubrication (change of engine and transmission oil). All parts and labor shall be at the expense of the bidder. All parts found defective and not caused by misuse, negligence or accident within the guarantee period shall be repaired, replaced, or adjusted within six (6) working days after notice from the Government and without cost to the Government. Vehicular type of equipment as used in this context shall include equipment used for transportation as differentiated from tractors, backhoes, etc. b. Guarantee of Other Type of Equipment: The successful bidder shall guarantee all other types of equipment offered, except those mentioned in 30a, above, against defective parts, workmanship, and performance for a period of not less than three (3) months after date of receipt of equipment. Bidder shall also provide service to the equipment for at least three (3) months. All parts found defective within that period shall be repaired or replaced by the Contractor without cost to the Government. Repairs, adjustments or replacements of defective parts shall be completed by the contractor within six (6) working days after notice from the Government. c. Compliance with this Section is a condition of this Bid. 31. [X] REPRESENTATION REGARDING ETHICS IN PUBLIC PROCUREMENT: The bidder or contractor represents that it has not knowingly influenced and promises that it will not knowingly influence a Government employee to breach any of the ethical standards and represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities and kickbacks set forth on Chapter 11 (Ethics in Public Contracting) of the Guam Procurement Act and in Chapter 11 of the Guam Procurement Regulations.Page 9 of 49 G.S.A. Form 112 (Revised April 2, 2026) 32. [X] REPRESENTATION REGARDING CONTINGENT FEES: The contractor represents that it has not retained a person to solicit or secure a Government contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business (GPR Section 11-207). 33. [X] EQUAL EMPLOYMENT OPPORTUNITY: Contractors shall not discriminate against any employee or applicant of employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that employees are treated equally during employment without regards to their race, color, religion, sex, or national origin. 34. [X] COMPLIANCE WITH LAWS: Bidders awarded a contract under this Solicitation shall comply with the applicable standard, provisions, and stipulations of all pertinent Federal and/or local laws, rules, and regulations relative to the performance of this contract and the furnishing of goods. 35. [X] CHANGES CLAUSE: 2 GAR, Div. 4 §6101 (3). (1) Change Order. By a written order, at any time, and without notice to surety, the Chief Procurement Officer or the head of a Purchasing Agency may, subject to all appropriate adjustments, make changes within the general scope of this contract in any one or more of the following: (A) Drawings, designs, or specifications, if the supplies to be furnished are to be specially manufactured for the territory in accordance therewith; (B) method of shipment or packing; or (C) place of delivery. (2) Adjustments of Price or Time for Performance. If any such change order increases or decreases the contractor's cost of, or the time required for performance of any part of the work under this contract, whether or not changed by the order, an adjustment shall be made and the contract modified in writing accordingly. Any adjustment in contract price made pursuant to this clause shall be determined in accordance with the Price Adjustment Clause of this contract. Failure of the parties to agree to an adjustment shall not excuse the contractor from proceeding with the contract as changed, provided that the territory promptly and duly make such provisional adjustments in payment or time for performance as may be reasonable. By proceeding with the work, the contractor shall not be deemed to have prejudiced any claim for additional compensation, or an extension of time for completion. (3) Time Period for Claim. Within 30 days after receipt of a written change order under Paragraph (1) (Change Order) of this clause, unless such period is extended by the Procurement Officer in writing, the contractor shall file notice of intent to assert a claim for an adjustment. Later notification shall not bar the contractor's claim unless the territory is prejudiced by the delay in notification. (4) Claims Barred After Final Payment. No claim by the contractor for an adjustment hereunder shall be allowed if notice is not given prior to final payment under this contract. (5) Other Claims not Barred. In the absence of such a change order, nothing in this clause shall be deemed to restrict the contractor's right to pursue a claim arising under the contract if pursued in accordance with the clause entitled, "Claims Based on a Procurement Officer's Actions or Omissions, Notice of Claim Clause', or for breach of contract.” 36. [X] STOP WORK ORDER: 2 GAR, Div. 4 §6101 (4). (l) Order to Stop Work. The Procurement Officer may, by written order to the contractor, at any time, and without notice to any surety, require the contractor to stop all or any part of the work called for by this contract. This order shall be for a specified period not exceeding 90 days after the order is delivered to the contractor, unless the parties agree to any further period. Any such order shall be identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such an order, the contractor shall forthwith comply with its terms and take all reasonable steps to minimize the occurrence of costs allocable to the work covered by the order during the period of work stoppage. Before the stop work order expires, or within any further period to which the parties shall have agreed, the Procurement Officer shall either: (i) cancel the stop work order; or (ii) terminate the work covered by such order as provided in the "Termination for Default Clause' or the "Termination for Convenience Clause" of this contract.Page 10 of 49 G.S.A. Form 112 (Revised April 2, 2026) 37. [X] CANCELLATION OF INVITATION FOR BIDS OR REQUEST FOR PROPOSALS: Any Invitation for Bid may be cancelled, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when it is in the best interests of the Territory in accordance with regulations promulgated by the Policy Office. The reasons therefor shall be made part of the contract file. 38. [X] TIME FOR COMPLETION: It is hereby understood and mutually agreed by and between the contractor and the Government that the time for delivery to final destination or the timely performance of certain services is an essential condition of this contract. If the contractor refuses or fails to perform any of the provisions of this contract within the time specified in the Purchase Order (from the date Purchase Order is acknowledged by vendor), then the contractor is in default. Defaults will be treated subject to and in accordance with the provisions of 2 GAR, Div. 4 § 6101(8) 39. [X] JUSTIFICATION OF DELAY: Bidders who are awarded contracts under this Solicitation, guarantee that the goods will be delivered to their destination or required services rendered within the time specified. If the bidder is not able to meet the specified delivery date, he is required to notify the Chief Procurement Officer of such delay. Notification shall be in writing and shall be receive by the Chief Procurement Officer at least twenty-four (24) hours before the specified delivery date. Notification of delay shall include an explanation of the causes and reasons for the delay including statement(s) from supplier or shipping company causing the delay. The Government reserves the right to reject delay justification if, in the opinion of the Chief Procurement Officer, such justification is not adequate. 40. [X] SERVICE-DISABLED VETERAN OWNED BUSINESS PREFERENCE: Bidding is subject to the policy in favor of Service-Disabled Veteran Owned Business as defined in 5 GCA sections 5011 and 5012. 41. [X] LIQUIDATED DAMAGES: When the contractor is given notice of delay or nonperformance as specified in Paragraph 1 (Default) of the Termination for Default Clause of this contract and fails to cure in the time specified, the contractor shall be liable for damages for delay in the amount of one-fourth of one percent (1%) of outstanding order per calendar day from date set for cure until either the territory reasonable obtains similar supplies or services if the contractor is terminated for default, or until the contractor provides the supplies or services if the contractor is not terminated for default. To the extent that the contractor’s delay or non-performance is excused under Paragraph 15 (Excuse for Nonperformance or Delayed Performance) of the Termination for Default Clause of this contract, liquidated damages shall not be due the territory. The contractor remains liable for damages caused other than by delay. 2 GAR, Div. 4 §6101(d). 42. [X] PHYSICAL LIABILITY: If it becomes necessary for the Vendor, either as principal, agent or employee, to enter upon the premises or property of the Government of Guam in order to construct, erect, inspect, make delivery or remove property hereunder, the Vendor hereby covenants and agrees to take, use, provide and make all proper, necessary and sufficient precautions, safeguards and protections against the occurrence of any accidents, injuries or damages to any person or property during the progress of the work herein covered, and to be responsible for, and to indemnify and save harmless the Government of Guam from the payment of all sums of money by reason of all or any such accidents, injuries or damages that may occur upon or about such work, and fines, penalties and loss incurred for or by reasons of the violations of any territorial ordinance, regulations, or the laws of Guam or the United States, while the work is in progress. Contractor will carry insurance to indemnify the Government of Guam against any claim for loss, damage or injury to property or persons arising out of the performance of the Contractor or his employees and agents of the services covered by the contract and the use, misuse or failure of any equipment used by the contractor or his employees or agents, and shall provide certificates of such insurance to the Government of Guam when required. 43. [X] Contract will be cancelled if funds not appropriated or insufficient, and that government will timely inform contractor. 2 GAR, Div.4 §3121(e) (1) (C) and 2 GAR, Div.4 § 3121(e)(1)(D). 44. [ ] If cancelled, contractor will be reimbursed unamortized reasonably incurred non-recurring costs. 2 GAR, Div.4 §3121(e)(1)(G). 45. [X] Debarment and Suspension: (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. The awarded vendor shall certify that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal, state, or local government. If at any time during the term of this contract, the awarded vendor becomes debarred or suspended, the awarded vendor shall immediately notify GSA in writing. 46. [X] Byrd Anti-Lobbying Amendment: (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any FederalPage 11 of 49 G.S.A. Form 112 (Revised April 2, 2026) contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non- Federal award. 47. [X] CONTACT FOR CONTRACT ADMINISTRATION: If your firm receives a contract as a result of this Solicitation, please designate a person whom we may contact for prompt administration. Name: ____________________________________ Title: _____________________________ Address: __________________________________ Telephone: ________________________Page 12 of 49 DOA Form 295 (Revised October 15, 202
- Project
- Mayors’ Council of Guam –
- Issued By
- Name
- Guam General Services Agency
- Address
- Suite 230, 2nd Floor ITC Building 590 South Marine Corps Drive, Tamuning, Guam 96913
