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Senators pass Moylan bill that hones in against sole source emergency contracting in GovGuam


The following is a news release from the Office of Sen. Jim Moylan:


On Friday evening, the 36th Guam Legislature voted to pass Bill 90-36 (COR), authored by Senator James C. Moylan. The legislation would amend Guam statute and mandate the monthly submission of records and justification reports whenever the government of Guam engages in a sole source or emergency procurement process. Currently, the law requires an annual report but does not obligate the justification of that expense.

The genesis of the legislation was a report released by the General Services Agency (GSA) in March, which listed millions in purchases made in 2020 through either a sole source or emergency procurement process. No justification summaries were provided, and some lawmakers had questions, including concerns as to why certain items or services were procured through a sole source process, or deemed an emergency.

While I am certain that many of the purchases were warranted, requiring monthly reports would be easier for not only the Guam Legislature, but the public as well, to track how the government is spending local and federal funds. Instead of waiting until March of 2022 to identify what was expended in June of 2021, we can instill checks and balances and reduce questionable purchases, by attaining more frequent reports,” stated Senator Moylan. “We already have many questions with the $117 million that came in from the CARES Act. Imagine how much more we will ponder with the over $600 million from the American Relief Plan. Bill 90-36 (COR) will assure there is additional transparency in the process. The people deserve the extension of accountability,” added Senator Moylan.

Bill 90-36 (COR) passed 14-1, and was co-sponsored by Senators Sabina Perez, Therese Terlaje, Joanne Brown, Tony Ada, Chris Duenas, Frank Blas Jr., Joe San Agustin, and Telo Taitague.

One key component of Bill 90-36 (COR) is that along with monthly reports, GSA would now also have to provide justification summaries as to why purchases were deemed qualified as a sole source or an emergency procurement. This is critical, considering that the competitiveness of the bidding process is being lifted,” added Senator Moylan. “I appreciate the support of my colleagues with the legislation and urge the governor to please consider the legislation as a tool to promote the people’s trust in their government. The community deserves no less,” Senator Moylan also expressed.

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