Sen. William A. Parkinson is calling for an immediate public hearing on Bill 243-38, legislation aimed at reforming Guam’s procurement protest process as efforts continue to move forward with rebuilding Simon Sanchez High School.
The bill would amend Guam procurement law to eliminate the automatic stay that currently halts public projects whenever a procurement protest is filed. Instead, protesters would be required to seek a separate stay order and demonstrate irreparable harm, a strong likelihood of success and that stopping the project would not harm the public interest.
The proposal would also require a protest bond equal to 2% of the contract value or $5,000, whichever is greater. The bond could be forfeited if a protest is found to be frivolous, malicious or primarily intended to delay a project.
The renewed push comes after Lt. Gov. Joshua F. Tenorio transmitted separate legislation intended to allow the Simon Sanchez rebuild to proceed despite an ongoing procurement protest.
Parkinson said the current system has contributed to years of delays affecting not only Simon Sanchez but other government projects involving schools, healthcare, roads and utilities.
“For 13 years, Simon Sanchez students have been told to wait,” Parkinson said in a release. “Enough.”
Under existing Guam law, a timely procurement protest can automatically suspend a contract award or solicitation until the matter is resolved.
Parkinson argued the measure would preserve the right to protest procurement decisions while preventing bidders from freezing projects simply by filing paperwork.
The senator said the structure of the bill mirrors principles used in federal procurement litigation, where injunctions are not automatically granted and protesters must meet legal standards before halting a contract.
Parkinson is urging lawmakers to hold a hearing on the measure within the timeframe recently requested by Tenorio for proposals addressing the Simon Sanchez project.