"We need to end the ability to weaponize the automatic stay against the public interest." That’s what one senator had to say—introducing legislation aimed at procurement reform.

It’s legislation proposing a major shift in how procurement protests are handled on Guam. Senator Will Parkinson introducing a bill to reform the system by eliminating the automatic stay that currently brings government projects to a halt whenever a protest is filed. Under existing law, a timely protest automatically freezes solicitation, contract awards, and project performance until all appeals are resolved—without requiring the protester to demonstrate a likelihood of success or irreparable harm.

Parkinson argues this has allowed disappointed bidders to delay critical public projects for years. He points to the decade-long delay in rebuilding Simon Sanchez High School as a prime example. Most recently, a protest filed in November triggered an automatic stay, stopping demolition just days before it was scheduled to begin. The bill would make clear that filing a protest alone would no longer stop procurement. Instead, projects would move forward unless the public auditor or the superior court affirmatively orders a stay under a strict legal standard similar to federal bid protest injunctions.

Under the proposal, any protester seeking a stay would be required to file a separate motion supported by sworn evidence of immediate and irreparable harm, post a bond equal to 2% of the contract value or $5,000, whichever is greater, and show a strong likelihood of success while proving the stay would not harm the public interest. If a protest is found to be frivolous, malicious, or intended to cause delay, the bond would be forfeited to the government; if it is found to be non-frivolous, the bond would be returned.

The legislation also establishes timelines for decisions and allows the governor to lift a stay when necessary to protect public health, safety, or welfare. Parkinson says the reform aligns Guam with national best practices and prevents procurement protests from being used to stall urgently needed schools, hospitals, and infrastructure projects.