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- Dates
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- Sep 1, 2026
- Text
- Wednesday, September 2, 2026
- Opening
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- Sep 22, 2026
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- Tuesday, September 22, 2026, 2:05 pM
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- INVITATION FOR BID
Abandoned Vehicle Disposal
Indefinite Quantity Bid (IDIQ)
No. GSA-055-26
ISSUED BY:
ISSUE DATE:
SUBMISSION DEADLINE:
BID OPENING DATE:
General Services Agency
Suite 230, 2
nd
Floor ITC Building
590 South Marine Corps Drive,
Tamuning, Guam 96913
Wednesday, September 2, 2026
Tuesday, September 22, 2026, 2:00 p.m.
Tuesday, September 22, 2026, 2:05 p.m.
NAME AND LOCATION OF PROJECT(S): Department of Public Works
___________________________
ANDRIANA QUITUGUA
Chief Procurement Officer
Page 1 of 52
- Listing
- Title
- ABANDONED VEHICLE DISPOSAL "INDEFINITE QUANTITY BID" (IDIQ)
- Category
- Invitation for Bid
- Bid Number
- GSA-055-26
- Cancelled
- No
- Pdf Text
- INVITATION FOR BID
Abandoned Vehicle Disposal
Indefinite Quantity Bid (IDIQ)
No. GSA-055-26
ISSUED BY:
ISSUE DATE:
SUBMISSION DEADLINE:
BID OPENING DATE:
General Services Agency
Suite 230, 2nd Floor ITC Building
590 South Marine Corps Drive,
Tamuning, Guam 96913
Wednesday, September 2, 2026
Tuesday, September 22, 2026, 2:00 p.m.
Tuesday, September 22, 2026, 2:05 p.m.
NAME AND LOCATION OF PROJECT(S): Department of Public Works
___________________________
ANDRIANA QUITUGUA
Chief Procurement OfficerPage 1 of 52
DOA 132 Re (Revised as of 10/15/2025)
INVITATION FOR BID No. GSA-055-26
Abandoned Vehicle Disposal (IDIQ)
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: Wednesday, September 2, 2026
To: Tuesday, September 22, 2026
Deadline for Submission of Written Questions and Concerns must be e-mailed to
bids@gsadoa.guam.gov.
Tuesday, September 8, 2026, 5:00 p.m.
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, September 22, 2026, 2:00 p.m.
Tuesday, September 22, 2026, 2:05 p.m.
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 52
INVITATION FOR BID No. GSA-055-26
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 18 of 52 #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 18 of 52 #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 18 of 52 #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 52
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:
Bid For:
Type of Contract:
Specification(s):
Terms and Conditions:
Destination:
Required Delivery Date:
GSA-055-26
Abandoned Vehicle Disposal (IDIQ)
Firm Fixed-Price Contract
See Attached
See Attached
Department of Public Works
120 Days Upon Receipt of Purchase Order. For a Period of one (1) year on an
as needed basis upon availability of funds. This is an indefinite quantity bid.
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
Chief Procurement OfficerPage 4 of 52
CONTRACT TERMS AND CONDITIONS
GSA-055-26
Abandoned Vehicle Disposal (IDIQ)
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 Terms
6. This is an “Indefinite Quantity Bid” pursuant to Section 3119(i)(2) of the 2 GAR Procurement Regulations. The quantities
reflected are estimated requirements projected within a twelve (12) month period. These amounts may increase during
the term of this bid. However, regardless of the fluctuations of quantities, this bid shall be subject to the availability of
funds.
7. Delivery.
One hundred twenty (120) days upon receipt of purchase order. Schedule time and quantity will be coordinated between
the successful bidder and the requesting department on an as-needed basis. Partial completion will not be accepted.
Successful bidder shall fully complete all requirements specified in the Contract Terms and Conditions and specification.Page 5 of 52
8. Contract Period.
The term of this contract is for a period of one (1) year on an as-needed basis upon availability of funds. Within this
contract period of one (1) year the contract shall be reviewed every 6 months supported by a written determination for
continued need. 2 GAR Div. 4 §3119(i) and §6101(5)(b).
Department of Public Works is required to order its actual requirements during the one (1) year period from the awarded
bidder. 2 GAR Div. 4, §3119(i)(3); 5 G.C.A. §5235. The only exemptions to this actual-requirements assertion above are:
A) when the agency’s Procurement Officer approves a finding that the supply or service available under the contract will
not meet a nonrecurring, a special need of the procuring agency; or B) when supplies are procured incidental to the
Government of Guam’s own programs as may be available that can satisfy the need.
9. Additional Requirement.
If other agencies within the Government of Guam have the same requirements, the effective price of said bid shall be
used as a confirmed price. This additional requirement shall not exceed the term of this bid.
10. Funding Status and IDIQ Intention.
The using agency may receive additional funding for similar purchase in the near future and thus intends to utilize an
IDIQ requirement(s) contract.
The government is in need of an indefinite quantity (“IDIQ”) contract because, although expected, additional funds for
similar and/or identical items is not at this time definite and it would expend unnecessary government resources to
publish, solicit, and analyze an additional IFB simply because of the confirmed influx of funding within this one (1) – year
IDIQ period. Other forms of contract will not suffice because they are not the official method for purchasing additional
identical items at the same price as in the original accepted bid. 2 GAR Div. 4 §3119(i) and §6101(5)(b).
Article IV – Invoicing and Payment
11. Payment.
Payment shall be made within thirty (30) days after receipt and acceptance of goods and/or services for vehicles formally
released by DPW to the Contractor and properly documented as disposed of in compliance with the contract
requirements. The Contractor shall be responsible for collecting, transporting, and disposing of the vehicle from the DPW-
designated location unless otherwise directed in writing by DPW.
12. Fees and Charges.
No additional surcharges, fuel adjustments, environmental fees, shipping surcharges, or other supplemental charges
shall be permitted.
13. Invoicing/Billing Requirements.
Invoices and payments shall be submitted after properly documented as disposed of in compliance with the contract
requirements. and lawfully disposed of in accordance with the Specifications.
The Awardee shall submit an accurate invoice referencing the applicable Contract Number and Purchase Order. Each
invoice must include a description of goods or services, quantities, and pricing consistent with the approved contract
terms.
Each invoice shall include supporting documentation for every vehicle removed during the billing period.
Documentation must include, at a minimum:
• Date of removal
• Village and specific pickup location
• Vehicle description (make/model if identifiable)
• Physical condition at time of removal (intact or crushed/flattened)
• Destination processing, recycling, or disposal facility
Supporting documentation evidencing lawful final disposition, including a certificate of destruction or equivalent proof
where applicable, shall accompany each invoice.
Incomplete, inaccurate, or unsupported invoices may be returned without payment.Page 6 of 52
Article V – Other Requirements
14. Transfer.
Upon documented acceptance of each vehicle, responsibility and liability for disposal operations shall transfer to the
Awardee.
15. Responsibility.
The Awardee shall assume full responsibility for all processing, recycling, and lawful disposal of vehicles in compliance
with applicable Guam and Federal environmental laws.
The Awardee shall be responsible for all field collection operations and shall comply with all applicable traffic control
and safety requirements during vehicle removal activities.
16. Permits.
The Government of Guam shall not be responsible for delays, costs, or performance impacts arising from the Awardee’s
failure to secure necessary permits, environmental approvals, shipping arrangements, or disposal capacity.
17. Statutory Notice.
Determination of abandonment status and compliance with statutory notice requirements remain solely with DPW and
authorized enforcement officials. The Awardee shall have no enforcement authority and shall act only upon written
direction from DPW.
Article VI – General Provisions
18. 2 GAR, Div. 4 § 6101 (4) Stop Work Order Clause.
(c) Clause.
(2) Cancellation or Expiration of the Order. If a stop work order issued under this clause is cancelled at any
time during the period specified in the order, or if the period of the order or any extension thereof expires, the
contractor shall have the right to resume work. An appropriate adjustment shall be made in the delivery schedule or
contract price shall be modified in writing accordingly, if:
(i) the stop work order results in an increase in the time required for, or in the contractor's cost
properly allocable to, the performance of any part of this contract; and
(ii) the contractor asserts a claim for such an adjustment within 30 days after the end of the period of
work stoppage; provided that, if the Procurement Officer decides that the facts justify such action,
any such claim asserted may be received and acted upon at any time prior to final payment under this
contract.
(3) Termination of Stopped Work. If a stop work order is not cancelled and the work covered by such order is
terminated for default or convenience, the reasonable costs resulting from the stop work order shall be allowed by
adjustment or otherwise.
(4) Adjustments of Price. Any adjustment in contract price made pursuant to this clause shall be determined in
accordance with the Price Adjustment Clause of this contract.”
19. 2 GAR, Div. 4 § 6101 (6) Price Adjustment Clause.
”PRICE ADJUSTMENT
(a) Price Adjustment Methods. Any adjustment in contract price pursuant to a clause in this contract shall be
made in one or more of the following ways:
(i) by agreement on a fixed price adjustment before commencement of the pertinent performance or
as soon thereafter as practicable;
(ii) by unit prices specified in the contract or subsequently agreed upon;
(iii) by the costs attributable to the event or situation covered by the clause, plus appropriate profit or
fee, all as specified in the contract or subsequently agreed upon;
(iv) in such other manner as the parties may mutually agree; orPage 7 of 52
(v) in the absence of agreement between the parties, by a unilateral determination by the Procurement
Officer of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee,
all as computed by the Procurement Officer in accordance with generally accepted accounting principles and
applicable sections of the regulations promulgated under Chapter 7 (Cost Principles), subject to the provisions
of Chapter 9 (Legal and Contractual Remedies) of the Guam Procurement Regulations.
(b) Submission of Cost or Pricing Data. The contractor shall provide cost or pricing data for any price adjustments
subject to the provisions of §3118 (Cost or Pricing Data) of the Guam Procurement Regulations.
18. 2 GAR, Div. 4 § 5106 (8) Claims Based on the Director of Public Works or the Head of the Purchasing Agency's Actions
or Omissions Clause.
”CLAIMS BASED ON THE DIRECTOR OF PUBLIC WORK'S OR THE HEAD OF A PURCHASING AGENCY'S ACTIONS OR
OMISSIONS
(1) Notice of Claim. If any action or omission on the part of the Director of Public Works or the head of the
Purchasing Agency, or designee of such officer, requiring performance changes within the scope of the contract
constitutes the basis for a claim by the contractor for additional compensation, damages, or an extension of time for
completion, the contractor shall continue with performance of the contract in compliance with the directions or orders
of such officials, but by so doing, the contractor shall not be deemed to have prejudiced any claim for additional
compensation, damages, or an extension of time for completion; provided:
(a) the contractor shall have given written notice to the Director of Public Works, the head of the
Purchasing Agency, or designee of such officer:
(i) prior to the commencement of the work involved, if at that time the contractor knows of
the occurrence of such action or omission;
(ii) within 30 days after the contractor knows of the occurrence of such action or omission, if
the contractor did not have such knowledge prior to the commencement of the work; or
(iii) within such further time as may be allowed by the Procurement Officer in writing.
This notice shall state that the contractor regards the act or omission as a reason which may entitle the
contractor to additional compensation, damages, or an extension of time. The Procurement Officer or designee of such
officer, upon receipt of such notice, may rescind such action, remedy such omission, or take such other steps as may be
deemed advisable in the discretion of the Procurement Officer or designee of such officer.
(b) the notice required by Subparagraph (a) of this Paragraph describes as clearly as practicable at the
time the reasons why the contractor believes that additional compensation, damages, or an extension
of time may be remedies to which the contractor is entitled; and
(c) the contractor maintains and, upon request, makes available to the Procurement Officer within a
reasonable time, detailed records to the extent practicable, of the claimed additional costs or basis for
an extension of time in connection with such changes.
(2) Limitations of Clause. Nothing herein contained, however, shall excuse the contractor from compliance with
any rules of law precluding any territorial officers and any contractors from acting in collusion or bad faith in issuing or
performing change orders which are clearly not within the scope of the contract.
(3) Adjustments of Price. Any adjustment in the contract price made pursuant to this clause shall be determined
in accordance with the Price Adjustment Clause of this contract.”
19. 2 GAR, Div. 4 § 6101 (8) Termination for Default Clause.
”TERMINATION FOR DEFAULTS
(a) Default. If the contractor refuses or fails to perform any of the provisions of this contract with such
diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise
fails to timely satisfy the contract provisions, or commits any other substantial breach of this contract, the Procurement
Officer may notify the contractor in writing of the delay or non-performance and if not cured in ten days or any longer
time specified in writing by the Procurement Officer, such officer may terminate the contractor's right to proceed with
the contract or such part of the contract as to which there has been delay or a failure to properly perform. In the event
of termination in whole or in part the Procurement Officer may procure similar supplies or services in a manner and
upon terms deemed appropriate by the Procurement Officer. The contractor shall continue performance of the
contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or
services.
(b) Contractor's Duties. Notwithstanding termination of the contract and subject to any directions from the
Procurement Officer, the contractor shall take timely, reasonable, and necessary action to protect and preserve
property in the possession of the contractor in which the territory has an interest.
(c) Compensation. Payment for completed supplies delivered and accepted by the territory shall be at the
contract price. Payment for the protection and preservation of property shall be in an amount agreed upon by the
contractor and the Procurement Officer; if the parties fail to agree, the Procurement Officer shall set an amount subjectPage 8 of 52
to the contractor's rights under Chapter 9 (Legal and Contractual Remedies) of the Guam Procurement Regulations. The
territory may withhold from amounts due the contractor such sums as the Procurement Officer deems to be necessary
to protect the territory against loss because of outstanding liens or claims of former lien holders and to reimburse the
territory for the excess costs incurred in procuring similar goods and services.
(d) Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, the
contractor shall not be in default by reason of any failure in performance of this contract in accordance with its terms
(including any failure by the contractor to make progress in the prosecution of the work hereunder which endangers
such performance) if the contractor has notified the Procurement Officer within 15 days after the cause of the delay
and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the territory and any other
governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or
other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure
of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth
above, the contractor shall not be deemed to be in default, unless the supplies or services to be furnished by the
subcontractor were reasonably obtainable from other sources in sufficient time to permit the contractor to meet the
contract requirements. Upon request of the contractor, the Procurement Officer shall ascertain the facts and extent of
such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the
excusable causes, and that, but for the excusable cause, the contractor's progress and performance would have met
the terms of the contract, the delivery schedule shall be revised accordingly, subject to the rights of the territory under
the clause entitled (in fixed-price contracts, “Termination” for Convenience in cost-reimbursement contracts)
“Termination”. (As used in this Paragraph of this clause the term “subcontractor” means subcontractor at any tier.)
(e) Erroneous Termination for Default. If, after notice of termination of the contractor's right to proceed under
the provisions of this clause, it is determined for any reason that the contractor was not in default under the provisions
of this clause, or that the delay was excusable under the provisions of Paragraph (4) (Excuse for Nonperformance or
Delayed Performance) of this clause, the rights and obligations of the parties shall, if the contract contains a clause
providing for termination for convenience of the territory, be the same as if the notice of termination had been issued
pursuant to such clause. If, in the foregoing circumstances, this contract does not contain a clause providing for
termination for convenience of the territory, the contract shall be adjusted to compensate for such termination and the
contract modified accordingly subject to the contractor's rights under Chapter 9 (Legal and Contractual Remedies) of
the Guam Procurement Regulations.
(f) Additional Rights and Remedies. The rights and remedies provided in this clause are in addition to any other
rights and remedies provided by law or under this contract.”
20. 2 GAR, Div. 4 § 6101 (10) Termination for convenience Clause.
”TERMINATION FOR CONVENIENCE
(a) Termination. The Procurement Officer may, when the interest of the territory so require, terminate this
contract in whole or in part, for the convenience of the territory. The Procurement Officer shall give written notice of
the termination to the contractor specifying the part of the contract terminated and when termination becomes
effective.
(b) Contractor's Obligations. The contractor shall incur no further obligations in connection with the
terminated work and on the date set in the notice of termination the contractor will stop work to the extent specified.
The contractor shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The
contractor shall settle the liabilities and claims arising out of the termination of subcontracts and orders connected with
the terminated work. The Procurement Officer may direct the contractor to assign the contractor's right, title, and
interest under terminated orders or subcontracts to the territory. The contractor must still complete the work not
terminated by the notice of termination and may incur obligations as are necessary to do so.
(c) Right to Supplies. The Procurement Officer may require the contractor to transfer title and deliver to the
territory in the manner and to the extent directed by the Procurement Officer:
(1) any completed supplies; and
(2) such partially completed supplies and materials, parts, tools, dies, jigs, fixtures, plans, drawings,
information, and contract rights (hereinafter called “manufacturing material”) as the contractor has specifically
produced or specially acquired for the performance of the terminated part of this contract.
The contractor shall, upon direction of the Procurement Officer, protect and preserve property in the
possession of the contractor in which the territory has an interest. If the Procurement Officer does not
exercise this right, the contractor shall use best efforts to sell such supplies and manufacturing materials inPage 9 of 52
accordance with the standards of Uniform Commercial Code of Guam, §2706 (U.S.C.G. §2706 is quoted at the
end of this §6101(10)(d) Utilization of this Section in no way implies that the territory has breached the
contract by exercise of the Termination for Convenience Clause.
(d) Compensation.
(1) The contractor shall submit a termination claim specifying the amounts due because of the
termination for convenience together with cost or pricing data to the extent required by §3118 (Cost or Pricing
Data) of the Guam Procurement Regulations bearing on such claim. If the contractor fails to file a termination
claim within one year from the effective date of termination, the Procurement Officer may pay the contractor,
if at all, an amount set in accordance with Subparagraph (c) of this Paragraph.
(2) The Procurement Officer and the contractor may agree to a settlement provided the contractor
has filed a termination claim supported by cost or pricing data to the extent required by §3118 (Cost or Pricing
Data) of the Guam Procurement Regulations and that the settlement does not exceed the total contract price
plus settlement costs reduced by payments previously made by the territory, the proceeds of any sales of
supplies and manufacturing materials under Paragraph
(3) of this clause, and the contract price of the work not terminated. (3) Absent complete agreement
under Subparagraph (b) of this Paragraph, the Procurement Officer shall pay the contractor the following
amounts, provided payments agreed to under Subparagraph (b) shall not duplicate payments under this
Subparagraph:
(i) contract prices for supplies or services accepted under the contract;
(ii) costs incurred in preparing to perform and performing the terminated portion of the
work plus a fair and reasonable profit on such portion of the work (such profit shall not include
anticipatory profit or consequential damages) less amounts paid or to be paid for accepted supplies
or services; provided, however, that if it appears that the contractor would have sustained a loss if the
entire contract would have been completed, no profit shall be allowed or included and the amount of
compensation shall be reduced to reflect the anticipated rate of loss;
(iii) costs of settling and paying claims arising out of the termination of subcontracts or
orders pursuant to Paragraph (2) of this clause. These costs must not include costs paid in accordance
with Subparagraph (c) (ii) of this Paragraph;
(iv) the reasonable settlement costs of the contractor including accounting, legal, clerical,
and other expenses reasonably necessary for the preparation of settlement claims and supporting
data with respect to the terminated portion of the contract for the termination and settlement of
subcontracts thereunder, together with reasonable storage, transportation, and other costs incurred
in connection with the protection or disposition of property allocable to the terminated portion of
this contract. The total sum to be paid the contractor under this Subparagraph shall not exceed the
total contract price plus the reasonable settlement costs of the contractor reduced by the amount of
payments otherwise made, the proceeds of any sales of supplies and manufacturing materials under
Subparagraph (b) of this Paragraph, and the contract price of work not terminated.
(4) Cost claimed, agreed to, or established under Subparagraph (b) and (c) of this Paragraph shall be
in accordance with Chapter 7 (Cost Principles) of the Guam Procurement Regulations.”
14 GCA §2796 (UCC) states:
Ӥ2076. Seller's Resale Including Contract for Resale.
(1) Under the conditions stated in §2703 on seller's remedies, the seller may resell the goods
concerned or the undelivered balance thereof. Where the resale is made in good faith and in a
commercially reasonable manner the seller may recover the difference between the resale price and
the contract price together with an incidental damages allowed under the provisions of this division
(§2710), but less expenses saved in consequence of the buyer's breach.
(2) Except as otherwise provided in Subsection (3) or unless otherwise agreed resale may be
at public or private sale including sale by way of one or more contracts to sell or of identification to an
existing contract of the seller. Sale may be as a unit or in parcels and at any time and place and on anyPage 10 of 52
terms, but every aspect of the sale including the method, manner, time, place and terms must be
commercially reasonable. The resale must be reasonably identified as referring to the broken
contract, but it is not necessary that the goods be in existence or that any or all of them have been
identified to the contract before the breach.
(3) Where the resale is at private sale the seller must give the buyer reasonable notification
of his intention to resell.
(4) Where the resale is at public sale:
(a) Only identified goods can be sold except where there is a recognized market for
a public sale of futures in goods of the kind; and
(b) It must be made at a usual place or market for public sale if one is reasonably
available and except in the case of goods which are perishable or threaten to decline in value
speedily the seller must give the buyer reasonable notice of the time and place of the resale;
and
(c) If the goods are not to be within the view of those attending the sale, the
notification of sale must state the place where the goods are located and provide for their
reasonable inspection by prospective bidders; and
(d) The seller may buy.
(5) A purchaser who buys in good faith at a resale takes the goods free of any rights of the
original buyer even though the seller fails to comply with one or more of the requirements of this
section.
(6) The seller is not accountable to the buyer for any profit made on any resale. A person in
the position of a seller (§2707) or a buyer who has rightfully rejected or justifiably revoked acceptance
must account for any excess over the amount of his security interest, as hereinafter defined
(Subsection 3) of §2711).”Page 11 of 52
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
- Project
- Department of Public Works
- Issued By
- Name
- Guam General Services Agency
- Address
- Suite 230, 2nd Floor ITC Building 590 South Marine Corps Drive, Tamuning, Guam 96913
Guam General Services AgencyIssuing agency·Guam·via a public procurement portal