Overview: B 18-38, AN ACT TO AMEND § 5707(a) OF ARTICLE 12, CHAPTER 5, TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO THE PROCEDURE FOR JUDICIAL REVIEW OF DECISIONS MADE BY THE PUBLIC AUDITOR IN PROCUREMENT APPEALS, Introduced: November 27, 2025, Status: bill
Purpose and Intent: The main purpose of this bill is to amend the Guam Procurement Law to modify the procedure for judicial review of decisions made by the Public Auditor in procurement appeals. The bill aims to provide a more streamlined and efficient process for appealing the Public Auditor's decisions.
Key Provisions:
- Amends § 5707(a) to allow for direct appeal of the Public Auditor's decision to the Superior Court of Guam, rather than requiring an initial appeal to the Public Auditor.
- Specifies that the appeal must be filed within 15 calendar days of the Public Auditor's decision.
- Requires the Superior Court to review the Public Auditor's decision based on the administrative record and to uphold the decision unless it is found to be arbitrary, capricious, or unsupported by substantial evidence.
Affected Parties and Impacts:
- Parties involved in procurement appeals, including government agencies, contractors, and vendors, will be affected by the changes to the judicial review process.
- The bill aims to provide a more efficient and timely process for resolving procurement disputes.
Procedural and Timeline Considerations:
- The bill has been introduced and is currently in the legislative process.
- If enacted, the changes to the judicial review procedure would take effect immediately upon enactment.