Confusion, conflicts, contracts, control, and contradictions led to more questions than answers during last night's oversight hearing on the procurement for the pandemic. A marathon oversight hearing was held by committee chair on procurement Senator Sabina Perez on Thursday night.

Who was really in charge of procurement? The public health authority Linda Denorcey? "I certainly was not taking the forward lead, no…that's for sure," said Denorcey.

The government's chief procurement officer Claudia Acfalle? Not her either. Governor's Chief Policy Advisor Carlo Branch had the final answer.

"The governor was the procuring officer during the course of this particular event, and she as the Governor of Guam in the middle of a public health emergency exercised her emergency purchase power. So she was the price tag person," he said.

Now that that's settled, it was on March 17th after Homeland Security Advisor Tim Aguon apparently dropped the ball on the procurement of the first wave of quarantine hotels, the Governor then sent in her legal counsel Haig Hyunh to get the job done, he even had to reach out to attorney general's office for guidance and as a result Assistant AG Jessica Toft said she was barred from answering specific questions about her client.

"I'm prohibited by 5GCA 5150 and Guam Rules of Professional Conduct and my involved and like my legal advice to anyone and to my clients so I apologize for that," she said.

At the end of the day those who were supposed to sign off on contracts or agreements for the hotel quarantine facilities didn't.  Why? Apparently because the governor in an executive order cited her title special powers or the Emergency Powers Act. Title 10 states that during a public health emergency the governor may through an executive order, suspend, the provisions of any regulatory statute prescribing procedures for conducting local business, or the orders , rules and regulations of any government of Guam agency, to the extent that strict compliance with the same would prevent hinder, or delay necessary action (including emergency purchases) by the public health authority to respond to the public health emergency or increase the health threat to the population.

Hyunh said, "I don't know if the, I'm certain the public health authority doesn't has the authority to suspend law that's reserved for the executive in the executive order," with Senator Therese Terlaje then responding, "Right and what you just read is the executive has the authority by executive authority to suspend the law  if it would have prevented hindered, or delayed necessary action by the public health authority and Linda are you still here  madam director did you ever request to the governor that she bypass regular emergency procurement for the procurement for the hotels.

Denorcey said, "I didn't, I didn't request anything at all."

And while typically emergency procurement would be handled by Acfalle at GSA she too didn't see anywhere in the executive order that any specific laws were suspended.

Acfalle added, "As we were reading the executive order it did not delineate that the governor's suspended any either the 5GCA which is the procurement statute of the 2GAR which is the regulation the procurement rules and regulating and Chapter 10 did specifically say if she was going to again bypass all those or execute her powers that it would be stated in an executive order."

According to information obtained via FOIA KUAM has only been able to confirm at this point that over $1.7 million was paid to the quarantine facilities. During the oversight, DOA Director Edward Birn, said he was ordered by the governor to pay invoices and so he did. He also said federal CARES Act funding will be used to pay for the quarantine facilities. We should add that while the first round of quarantine unsigned agreements have expired, a second wave of quarantine hotels were procured, but this time following proper procurement protocols.

Senator Perez says another oversight will be planned. "There's so much information that came out of that oversight," she noted. "I'm still trying to process it."

Additionally, about an hour before the oversight began the Governor invoked her executive privilege. She allowed her legal counsels to attend the virtual hearing to read a statement. Additionally, Attorney General Leevin Camacho did not appear, although Senator Perez said he was invited.