GCA Construction News Bulletin December 2017

Page 1






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Feature Story

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PRESIDENT James A. Martinez Guam Contractors’ Association

Guam Contractor’s Association (GCA) in conjunction with Adztech and Public Relations, Inc. publishes the Construction News Bulletin (CNB) monthly. Reproduction of materials appearing in this publication is strictly forbidden without written permission by GCA.

PUBLISHER: James Martinez

CHAIRMAN Conchita Bathan Core Tech International

While we always strive for accuracy, we will from time to time overlook mistakes. In order to help us improve the quality and accuracy of this publication, we ask that you take the time to look at the information provided and notify GCA or Adztech of any corrections as needed. Opinions and editorial content of this publication may not necessarily be those of the publisher, production team, staff, GCA members, GCA Board of Directors and advertisers.

AD SALES: Jaceth Duenas

For more information about advertising in the GCA Construction News Bulletin contact the advertising department at (671) 477-1239/2239 or email at adztech@teleguam.net.

EDITOR: Adztech

PAST CHAIRMAN William Beery Tutujan Hill Group

VICE CHAIRMAN John Robertson AmOrient Contracting

SECRETARY/TREASURER Mark Mamczarz Black Construction Corp

CONTRACTORS DIRECTORS: Joe Roberto East Island Tinting Peter Errett Hawaiian Rock Products

Distributed to GCA members or can be obtained by stopping by the Guam Contractors’ Association office located at 718 N. Marine Corps Drive, Suite 203, East West Business Center, Upper Tumon, Guam.

Jessica Barrett Barrett Plumbing

Zenon Belanger ARS Aleut Remediation ASSOCIATE DIRECTORS: Jeffrey Larson TakeCare Asia Pacific

To find out more about how you can become a GCA member contact Guam Contractors’ Association at Tel: (671)647-4840/41 Fax: (671) 647-4866 or Email: gca@teleguam.net. www.guamcontractors.org

Patty Lizama Pacific Isla Life

Postmaster. Send address changes to Guam Contractors’ Association, located at 718 N. Marine Drive Corps Suite 203, East West Business Center, Upper Tumon, Guam.

Camilo Lorenzo Matson Navigation

Duru Ichan

Mark Cruz Mid Pac Far East

English: GCA

It's Raining Hard

TRADES ACADEMY B u i l d i n g

S k i l l s

F o r


L i f e t i m e

Guam Contractors Association


PRODUCTION: Jason Davis Christopher “Taco” Rowland Jaceth Duenas PHOTOGRAPHERS: Christopher “Taco” Rowland

CONTRIBUTING WRITERS: John Robertson R.D. Gibson Albert Sampson GCA STAFF: Desiree Lizama Elaine Gogue Ann Marie Pelobello COVER: Merry Christmas and a Happy New Year!



Society of

NEWSLETTER December 2017

American Military Engineers

Seasons Greetings ANNOUNCEMENTS • • • •

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Mr Greg testified Masseythat testified he hasthat beenhe has been The Hearing Thecommenced Hearing commenced at 8:30 AM atand 8:30 AM andMr Greg Massey involved with involved the H-2B with program the H-2Bsince program 2008since 2008 continued continued until 5:45 PM untilwith 5:45an PM hour-long with an hour-long and with the andGuam with the Department Guam Department of Labor of Labor break for lunch. break Representing for lunch. Representing the Plaintiffs the Plaintiffs since 1991.since In response 1991. Intoresponse questioning, to questioning, he he was Jeff Joseph, was Jeff Esq Joseph, with local Esq with immigration local immigration explained in explained detail how in detail the H-2B how program the H-2B program attorney Jennifer attorney Davis, Jennifer Esq.Davis, Representing Esq. Representing the the works in Guam worksand in Guam how itand is vastly how it different is vastly different DefendantsDefendants was Glennwas Girdharry, Glenn Girdharry, Esq with Esq with from processes fromused processes on theused mainland. on the mainland. On the On the Assistant U.S. Assistant Attorney U.S.General AttorneyforGeneral Guam for Guam mainland, mainland, the H-2B worker the H-2B program workerisprogram for is for and CNMI, and Mikel CNMI, Schwab, MikelEsq. Schwab, Esq. unskilled workers. unskilledOn workers. Guam On the Guam program the program is for workers skilled exclusively. workers exclusively. In 1981, In 1981, Plaintiffs called Plaintiffs threecalled witnesses: three Bernie witnesses: Bernie is for skilled as another a result of lawsuit another brought lawsuit bybrought the by the Maranon ofMaranon BME &ofSons BME Inc,&one Sons of Inc, the one of the as a result of Guam Contractors Guam Contractors Association, Association, the U.S. the U.S. named plaintiffs, namedGreg plaintiffs, Massey, Greg Administrator, Massey, Administrator, Department of Labor determined of Labor determined that the that the Alien Labor Alien Processing Labor Processing and Certification and Certification Department By John M. Robertson Governor of Governor Guam was of Guam in the was bestin position the best position Division ofDivision the Guam of the Department Guam Department of Labor and of Labor and to determine to determine whether specific whether jobs specific are forjobs a are for a Jeff Jones ofJeff Triple JonesJ Enterprises. of Triple J Enterprises. DefendantsDefendants Federal District Federal Court District Chief Court Judge Chief Francis Judge Francis temporary temporary need or a permanent need or a permanent requirement. requirement. objected onobjected the basisonofthe inadequate basis of inadequate notice which notice which Tydingco-Gatewood Tydingco-Gatewood called for acalled hearing forin a hearing the in the noted Thus, the authority Thus, thewas authority transferred was transferred away from away from Plaintiffs Plaintiffs was untrue. noted was Theuntrue. Judge, The afterJudge, after H-2B case H-2B for 11 case December for 11 December to hear arguments to hear arguments the U.S. DOL the U.S. and DOL given to and the given Governor to the of Governor of consideration, consideration, agreed to proceed agreed to with proceed takingwith taking from both from sides both on thesides Motions on theset Motions before her. set beforetestimony her. explained He how explained his department how his department in testimony her courtroom in her courtroom but she would but she would Guam. HeGuam. The GuamThe Contractors Guam Contractors AssociationAssociation along withalongdecide with laterdecide is responsible is responsible for reviewing for reviewing each petition each petition whether later it was whether admissible. it was admissible. eleven other eleven Plaintiffs otherfiled Plaintiffs a Class filed Action a Class Action on its own on merits its own andmerits rejectsand those rejects that those do that do lawsuit in October lawsuit in2016 October against 2016 theagainst Attorney the Attorney nottoconform stipulated to stipulated requirements. requirements. Mr Maranon Mr provided Maranontestimony provided testimony on his on his not conform General ofGeneral the United of the States, United the States, Secretary theof Secretary of The must petitioner advertise mustthe advertise positions the positions experience experience using the H-2B using program, the H-2Bnot program, not The petitioner HomelandHomeland Security, the Security, Director theofDirector the U.S.of the U.S. to attract American to attract American workers inworkers the region in the region because hebecause wanted he to wanted but because to but there because was there was CitizenshipCitizenship and Naturalization and Naturalization Services and Services and while the Guam while the DOL Guam postsDOL the position posts the position an inadequate an inadequate number of number local skilled of local workers skilled workers others on account others on of account the issuance of theofissuance work visas of workon visas in the Job Bank in thewhich Job Bank is national which isinnational scope. in scope. Guam. on Bringing Guam.inBringing foreign workers in foreign was workers was for Guam being for Guam denied being nearly denied 100% nearly of the 100% timeof the time American American workers throughout workers throughout the Unitedthe United both expensive both and expensive tediousand requiring tedious much requiring much since aboutsince September about September 2015 whereas 2015 forwhereas the for the abroadand canabroad therefore canbecome therefore aware become aware administrative administrative time and use time of and attorneys. use of attorneys.States and States previous 30previous years, petitions 30 years,had petitions been approved had been approved of the opportunity during a 30-day duringwaiting a 30-day waiting Once here,Once he must here, house he must and house feed them and feed themof the opportunity nearly 100% nearly of the 100% time.ofThe the Government time. The Government period. After period. his review After his is complete review isand complete if no and if no and provide and local provide transportation. local transportation. If he had aIf he had a side Motioned side for Motioned total dismissal for totalofdismissal the case.of the case. qualified worker qualified comes worker forward comes toforward accept the to accept the choice, he choice, would hire he would a localhire workforce a local workforce but but The Contractors The Contractors side Motioned side for Motioned Class for Class skilled workers job, the petition job, the is petition sent to the is sent Director to theofDirector the of the skilled areworkers just notare available just notinavailable the in the Certification Certification and a Preliminary and a Preliminary Injunction Injunction to to Guam whoDOL reviews who thereviews package theand package and numbers needed. numbers Until needed. 2015,Until he had 2015, zerohe had zeroGuam DOL require therequire Government the Government to resume issuance to resume issuance to the Governor it to the for Governor his/herfor review his/her review denials of his denials petitions. of his From petitions. September From September forwards itforwards of H-2B work of H-2B visas work pending visasthe pending outcome theofoutcome2015 of to present and signing. and There signing. is noThere process is no used process in theused in the 2015 to day, present he hasday, experienced he has experienced zero zero the overallthe case. overall That Motion case. That was Motion intended wastointended to approvals. mainland that mainland comesthat close comes to this close leveltoofthis level of percent percent approvals. Before 2015, Before he was 2015, always he was always have restore have the restore status quo the status to actions quo prior to actions to prior to to complete effort to protect effort American to protect American Jobs. Jobs. able able tohis complete jobs onhis time. jobsNow, on time. withNow, with SeptemberSeptember 2015. 2015. a limited work a limited force,work he isforce, unable hetoiscomplete unable to complete MrtoMasey Mr noted Masey that noted the issues that that the issues causedthat the caused the projects onprojects time and onistime faced and with is faced $100.00 withto$100.00 USCIS to halt USCIS approval to haltofapproval petitionsofactually petitions actually $3,000 per$3,000 day in liquidated per day in liquidated damages because damages because started in the started Mainland in the and Mainland Guamand became Guam became of delayed of completion. delayed completion. His company Hisprofits company profits the in unintended the unintended consequence. consequence. There has been Therea has been a are now minimal. are nowHe minimal. is now He being is now selective beinginselective low-level low-level of the abuse H-2B of program the H-2Binprogram Guam in Guam which projects which heprojects can bid he on can competitively bid on competitively and and abuse for which he foriswhich empowered he is empowered to issue fines to issue to fines to has to passhas up to thepass kinds up of thejobs kinds he previously of jobs he previously By violators. comparison, By comparison, there is much there more is much more pursued. The pursued. long-term The long-term impact for impact him, if for thehim, ifviolators. the abuse on the abuse mainland. on the mainland. He stated that He stated he is that he is situation does situation not change, does not hechange, will be forced he will be forced not aware of notany aware H-2B of fraud any H-2B or systemic fraud orcases systemic cases to shut down to shut his business. down hisHe business. held upHe very held up very ever on Guam. ever on AllGuam. rejections All of rejections petitionsof petitions well underwell crossunder examination cross examination where he was where he was the USCIS by the areUSCIS based on aretemporariness based on temporariness of of asked, for example, asked, forthe example, legal definition the legal of definition the ofbythe need and no need other andcause. no other He stated cause. that He stated most that most different classes different of H-2B classesclassifications of H-2B classifications and and petitions are petitions based on areone-time based onneed one-time and aneed few and a few the purpose the ofpurpose the H-2B of program. the H-2B program. are based on arepeak based load on requirement. peak load requirement. None are None are based on seasonal based onneed, seasonal as onneed, the mainland. as on the mainland. Attorney Jeff Joseph at the January GCA Luncheon 8 | DECEMBER2017


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reasonableness explain reasonableness in the way in it handled the way it handled Government how the Government can respondcan with respond a withcan a explaincan Mr MasseyMr noted Massey that noted visa applications that visa applications on onsee how thesee the H-2B petitions the H-2Binpetitions 2015 andin2016. 2015 and 2016. straight face. straight face. Guam costGuam the petitioner cost the $1,000 petitioner per$1,000 positionper position plus $91.00plus for $91.00 Department for Department of Public Health. of Public Health. Plaintiffs decided Plaintiffs to decided not call to Jeffnot Jones callas Jeff a Jones as a Plaintiffs returned thentoreturned questioning to questioning Mr Mr Of the $1,000 Of the fee,$1,000 30% goes fee,to 30% thegoes Guam to the GuamPlaintiffs then witness in witness the casein inthe order case toin complete order tothe complete the Massey byMassey asking him by asking to lookhim at the to look Executive at the Executive DOL for its DOL processing for its processing cost and 70% costtoand the70% to the hearing within hearing thewithin same day. the His sametestimony day. His testimony Summary Exhibit of 1 which Exhibit had 1 which just been had just been Guam Community Guam Community College forCollege trainingfor oftraining ofSummary of been to have aboutbeen impacts about onimpacts the localon the local placed intoplaced evidence. into Mr evidence. MasseyMr stated Massey it stated itwas to havewas skilled workers. skilledThey workers. have not Theybeen havecollecting not been collecting business economy businessand economy the Judge and had the Judge alreadyhad already covers from impacts an inadequate from an inadequate workforce.workforce. fees since about fees since September about September 2015 and the 2015 and the covers impacts indicated familiarity indicated familiarity with that subject. with that subject. Labor costsLabor have costs increased. have increased. Local government Local government funding forfunding trainingfor has training dried up. hasThis dried program up. This program solicitations for construction for construction contracts are contracts are had produced hadover produced $6.0 Mil overfor $6.0 training Mil for training solicitations asked Judge the two asked attorneys the twoto attorneys restate to restate little or nolittle interest or no and interest prices and prices The Judge The over past years. over past Sinceyears. December Since December 2015, his 2015, hisattracting attracting what each what wanted each herwanted to decide. her to decide. have exceeded havebudgets. exceededThe budgets. PublicThe Works Public Works agency hasagency been only has abeen Factonly Finding a Fact Agency Finding Agency Mr Girdharry Mr Girdharry stated thatstated the Government that the Government Department is holding is back holding all butback the all most but the most since contractors since contractors and others and haveothers stopped have stopped Department wants totally the case dismissed totally because dismissed there because there ones essential to wait ones for to better wait times. for better A times. Awants the case filing petitions, filingknowing petitions,that knowing they would that they be would essential be no meritisinno what merit hasinbeen whatpresented has been by presented the by the upgradetothe upgrade birthing thecenter birthing at the center atisthe rejected. The rejected. Governor The assembled Governor assembled a Task Force a Task contact Force to contact Plaintiffs. Plaintiffs. Government Government Hospital has Hospital been put hasout been forput out for consisting of consisting the Governors of the Governors Office, theOffice, Guam the Guam bid twice and bid attracted twice andno attracted bidders.noThere bidders. There Economic Economic Development Development Authority (GEDA), Authority (GEDA), Mr JosephMr stated Joseph thatstated the Plaintiffs that theare Plaintiffs asking are asking are safety issues are safety when issues workers when areworkers pressedare pressed Guam Department Guam Department of Planning, of the Planning, Guam the Guam for a Temporary for a Temporary Injunction,Injunction, a prohibitive a prohibitive and and into serviceinto without service being without fullybeing trained fully andtrained and Chamber of Chamber Commerce, of Commerce, the Guam the Contractors Guam Contractors not mandatory not mandatory injunction,injunction, to reopen each to reopen each seasoned under seasoned the watchful under theeye watchful of a mentor. eye of a mentor. AssociationAssociation and with the andGuam with the Department Guam Department of the casesofand the rule casesonand them ruleindividually on them individually Defendant responded responded by observing by that observing the that the of Labor inofthe Labor lead.inThe thestudy lead. and The review study and tookreviewDefendant took and not solely and on nottemporariness solely on temporariness as a factor.as a factor. Guam Department Guam Department of Labor isofnot Labor a plaintiff is not a plaintiff over a year over and afinal yearreport and final was report signedwas onlysigned only Allow Plaintiffs namedto Plaintiffs file newto petitions file new petitions in this case. inFurthermore, this case. Furthermore, the role of the the role US of theAllow US named a few days aearlier. few days Attorney earlier.for Attorney the Plaintiffs for the Plaintiffs as necessary. as necessary. Second, toSecond, rule on Class to rule on Class DOL DOL istoadvisory the USCIS to the which USCIS putswhich puts attempted to attempted enter it into to enter evidence. it intoAttorney evidence.for Attorney foris advisory Certification Certification which would which mean, would if granted, mean, if granted, thehad Governor the of Governor Guam inofthe Guam sameinposition the same position the Defendants the Defendants objected because objected he because had not he hadhad not that all firms thatwithin all firms thewithin Class and the not Class only and not only in relation in to relation visa approvals. to visa approvals. Only the USCIS Only the USCIS opportunity opportunity to review ittoinreview advance. it inPlaintiffs advance. Plaintiffs the namedthe Plaintiffs namedwould Plaintiffs havewould their have denied their denied the authority has theto authority approveto visas. approve The two visas. The two argued thatargued a draftthat hadabeen drafthanded had been over handed earlierover has earlier petitions reviewed petitionsinreviewed the sameinway. the same Third,way. Third, attorneys cited attorneys case law citedascase applicable law as applicable to this to this and the final andhad thenofinal changes had no from changes the draft frominthe draft in allow for discovery allow for as discovery the caseas goes theforward case goes forward case. case. The stated Judge thatstated she had that reviewed she had reviewed his possession. his possession. The objection Theremained, objection and remained, the and theThe Judge such that Plaintiffs such thatwill Plaintiffs have access will have to access to each of theeach citedofcases the cited and how casesthey andcompared how they compared Judge accepted Judgethe accepted report with the report the objection with the objection manuals, instructions, manuals, instructions, training materials trainingand materials and to the caseto at the hand. case at hand. noted. noted. like documents like documents pertainingpertaining to the change to the in change in policy and/or policy ruleand/or making rule bymaking the USCIS. by the USCIS. Plaintiffs Plaintiffs thatargued the USCIS that the hadUSCIS engaged had engaged The judge asked The judge the Defense asked the many Defense timesmany and in times and in argued in rule which making requires which notice requires and notice time and time different ways different why the ways Change why the from Change 95% to from 0% 95% in to rule 0% making For the long Forterm, the long Plaintiffs term,also Plaintiffs requested also requested for responses. for There responses. is theThere matter is the of reliance matter of reliance after 30 years’ afterexperience 30 years’ experience with Guamwith petitions. Guam petitions. the following: 1. Define temporary 1. Define temporary to to interests and interests case law and clearly case law comes clearly down comes on down the on following: The Defense The did Defense not yield didatnot all,yield maintaining at all, maintaining include recurring include need recurring (as before). need (as Governor before). Governor side of Plaintiffs side ofinPlaintiffs prior similar in prior cases. similar Reliance cases. Reliance that there isthat no there change is no in policy changeorinprocedure. policy or procedure. establish temporariness of individual of individual interests does interests not relate doestonot a single relate position to a single or positiontoorestablishtotemporariness That the USCIS That the is not USCIS bound is not by prior bound decisions by prior decisions Admission petitions. Admission that Guamthat is different. Guam is different. single petition. singleItpetition. is relatedIttoisthe related number to the of number petitions. of and that the and successive that the usage successive of workers usage of under workers under Whereas, 90% Whereas, of H-2B 90%workers of H-2B onworkers CONUS on CONUS rulings going rulings the same goingway thefor same a considerable way for a considerable the H-2B program the H-2Btranslates programto translates a permanent to a permanent are unskilled, are unskilled, here 100%here have100% to be have skilled. to be skilled. time. Defendants time. Defendants argued thatargued the burden that the of burden of need – not need temporary. – not temporary. The difference The between difference between 2. Produce 2.a Produce Legislative a Legislative Rule to define Rule to define proof that aproof position that isa position temporary is temporary rests with the rests with the temporary temporary and permanent and permanent has becomehas blurred. become blurred. “temporary” “temporary” together with together legislative with legislative rules rules petitioner. petitioner. The USCISThe is the USCIS sole agency is the sole withagency with The Judge asked The Judge him asked “Can the himGovernment “Can the Government to guide action to guide by members action byof members the USCIS. of the 3.USCIS. 3. of all the facts of alland theexpertise facts andand expertise and sometimes sometimes get it wrong? get Did it wrong? it takeDid 20 to it take 20 toknowledgeknowledge Produce Interpretive Produce Interpretive Rules. If a Rules. ruling If goes a ruling goes discretion to discretion make thetodetermination make the determination of whetherof whether 30 years to30 decide yearsthat? to decide Whatthat? about What reliance about reliance against action, prior it must action, be it struck mustdown. be struck down. the evidence thesupports evidencea supports temporarya temporary need. need. against prior interests. Shouldn’t interests. businesses Shouldn’t businesses expect a proper expect a proper Also, USCIS Also, must USCIS recognize must the recognize certification the certification Plaintiffs noted Plaintiffs that noted need isthat theneed controlling is the controlling review andreview an announcement and an announcement before making before making of the Guam of the Governor. Guam Governor. factor theand particular not the trade. particular On Guam, trade. On Guam, such a radical suchchange? a radical The change? H-2B The program H-2Bis programfactor is and not petitions be folded caninto be folded one classification into one classification intended tointended ensure an toadequate ensure anworkforce adequate and workforce all andpetitionsallcan The Judgethat requested the two that attorneys the two attorneys and not theand three notand thethat threeis and “Temporary that is “Temporary The Judge requested that may take thaton may different take onaspects different in different aspects in different confer directly confer to directly determine to determine whether it whether was it was Need”. is different. Guam isWhereas different.the Whereas U.S. the U.S. locations. Itlocations. seems theIt agency seems the hasagency changed hasitschangedNeed”. its Guam possible to possible present atoSettlement present a Settlement Offer to her. Offer to her. hasis ait?diversified has a diversified economy while economy Guam while doesGuam does policy. If not policy. a change If notina policy, changethen in policy, what is then it? what Plaintiffs Plaintiffs that noted they had thatalready they had made already two made two not.ofThe youth not. from The youth Guamfrom go to Guam universities go to universities on on noted We need toWe look need at the to look practical at theimplications practical implications of Settlement Offers to Defendants Offers to Defendants and they did and they did the mainland theand mainland do notand return do not to Guam returnafter to Guam Settlement after the change.the Defendants change. Defendants stood by their stood position by their position not respond. notDefendants respond. Defendants stated theystated wouldthey needwould need gaining employment gaining employment there. This there. is especially This is especially that there has thatbeen therenohas change. been no If there change. were If there were consult with to consult clientswith at Homeland clients at Homeland Security Security so for jobs in so construction. for jobs in construction. ContractorsContractors do not dotonot a change, then a change, there then wouldthere havewould to be proper have to be proper and USCIS. and The USCIS. Judge requested The Judgearequested written a written like the H-2B like program the H-2Bbut program find it is but the find only it is the only notice and notice time given and time for responses. given for He responses. noted He noted response byresponse noon Wednesday. by noon Wednesday. The Defendants The Defendants choice choicean toadequate obtain anworkforce. adequate workforce. This This that he hasthat to look he has at ittofrom lookthe at itstandpoint from the standpoint of of to obtain notified Plaintiffs notifiedthat Plaintiffs there was thatno there possibility was no possibility is the first case is theoffirst its kind case ever. of its kind That ever. includes That includes the immigration the immigration context. After context. this extended After this extended of a Settlement Offer. Plaintiffs Offer.soPlaintiffs notified so thenotified the other including territoriesPuerto including Rico Puerto and Rico andof a Settlement exchange between exchangethe between Judge and the Defense Judge and Defense other territories judge Wednesday morning. Meanwhile, morning. Meanwhile, the the the Virgin the Islands. Virgin While Islands. the While NDAAthe will NDAA willjudge Wednesday Attorney, Jeff Attorney, Joseph Jeff spoke Joseph and said spoke heand could said he could Judge stated Judge that stated she would that render she would her render decisionher decision provide workers provide forworkers some military for some construction military construction feel the pain feel forthe hispain counterpart, for his counterpart, Mr Girdharry. Mr Girdharry. soon. soon. projects, it projects, cannot beit amended cannot betoamended include private to include private He noted 46 Hepetitions noted 46with petitions 296 jobs withdenied 296 jobs for denied for construction. construction. There is noThere way the is no Government way the Government the same reason the same – temporariness. reason – temporariness. We cannotWe cannot Like Us On Facebook


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Wanted: A Few Good Men and Women

The GCA Small Business Committee supports small business members of the association to ensure their voices are heard and needs are met within GCA capabilities. Do you have an issue or concern that we might be able to assist with? Do you have an idea or suggestion that may benefit our small business community? Help us help you by joining us at our monthly meetings or contact: Lysander “Al” Star (Chair) 647-7870 islaroofing@guam.net Jane Ray (Co-Chair) 735-2595 jane@pacificsbdc.com Gerardine Mendiola (Co-Chair) 647-2895 gmendiola@guamptac.com Our next meeting is on Tuesday, Dec. 26th , 11:30 AM at the GCA conference room 202. Please RSVP with Elaine Gogue. Her email address is elaine.gogue@guamcontractors.org



December 2017 12/14/17 - Intro to Government of Guam Procurement


WORKSHOPS The Guam Procurement Technical Assistance Center (PTAC) is offering a FREE workshop to the public on Thursdays (unless otherwise specified). Workshops run from 9:00am-10:00am in the UOG Jesus and Eugenia Leon Guerrero Business and Public Administration Building, Margarita Duenas Perez & Jaime Felipe Tuquero IT&E Lecture Hall, 131 (unless otherwise specified)

Government of Guam procurement procedures differ from the Federal Government. The Guam PTAC will explain Government of Guam Procurement, where to find opportunities, and how to submit bids.

12/21/17 - Government of Guam Protests Government of Guam Protests are a hot topic right now. The Guam PTAC will explain Government of Guam protest procedures and timelines. Actual cases will be discussed.

12/28/17 - Responding to Request for Proposals (RFP's) Guam PTAC will walk participants through the common sections and clauses of an RFP as well as provide tips on developing a proposal in response to an RFP.

Source: Federal Business Opportunities (FBO) and Federal Procurement Data System (FPDS).

Register at: guamptac.ecenterdirect.com

For more information, contact the Guam PTAC at (671)735-2552 or visit www.guamptac.com

10 | DECEMBER2017


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small biz notes Awards in the month of November started to pick up for the Federal Government. The Continuing Resolution (CR) authorized by Congress was extended from December 8, 2017 to December 22, 2017. •

About $35M was awarded to Small Business (SB) concerns on Guam for a variety of products and services through 30Nov2017. Socio-economic breakdown: • • • •

$8.3M - Small Disadvantaged Businesses (SDB) $4.2M - HUBZone Small Businesses (HZ) $845K - Women-Owned Small Businesses (WOSB) $436K - Service-Disabled Veteran-Owned Small Businesses (SDVOSB)

The figures above do not add up to the overall Small Business total ($122.1M) as some small business concerns may fit multiple categories. For example, a SDB may also be HZ and WOSB. In November: • • • •

Wolf Creek Federal Services, Inc. was awarded about $6.7M for additional housing maintenance services at Naval Base, Guam and Andersen AFB, Guam. Guahan Waste Control, Inc. was awarded about $3.9M for solid waste management and pavement clearing services on Naval Base, Guam. Pacific Unlimited, Inc. was awarded about $2.1M for tire and wood collection and disposal services at various military activities and DoD tenants on Guam. AIC International, Inc. was awarded about $1.7M to repair a heavy weather mooring system at Naval Base, Guam.

Source: Federal Procurement Data System Next-Generation (FPDS-NG).



did you know? The GCA Small Business Committee has A Few Good Men and Women who really want to help you succeed. That said, the following are some random points to think about. If there is something that you would like some help with or just want more information/clarification, please join us at our next Small Business Committee Meeting tentatively scheduled for 30 Jan 2018.

Common Problems SB face

Access to capital - One of the biggest challenges for small business owners and entrepreneurs is the inability to access capital. While many business owners identify this as a problem, many don’t apply for bank loans for fear of rejection. Competition for government contracts – Competition for contracts in the government arena will never get easier. As the military buildup on Guam picks up momentum, competition will only increase. Getting paid on time – this applies to all contractors (primes and subs). Finding the right people – a continuing challenge for many businesses is getting (and keeping) qualified and motivated personnel. The current H2B Visa issue only exacerbates the problem. Affording to market your business – you may have the greatest product or service on the island, but the general public won’t know about you without some marketing/networking. Unfortunately there is a cost. Even the “free” events cost you time away from running/operating the business.

Common Mistakes in Proposal Writing

Compliance with the RFP or RFQ - Not providing key documents (safety record, legally binding teaming agreement, etc.) or addressing an evaluation element (technical or safety approach) may render your proposal non-responsive or technically unacceptable. Last Minute Submissions - There are many reasons why proposals are turned in at the last minute. A lot has to do with running the business first. It’s a matter of priorities. Business operations tend to detract from focusing and preparing a sound proposal. Add to that is a natural tendency to procrastinate. That 30-day period to respond to a solicitation quickly becomes a 2-3 day rush to “finalize” and package the proposal. Unfortunately, “last minute” preparations often lead to: Boilerplate Proposals – Taking a similar proposal and tweaking it to fit current solicitation requirements might be a faster way to develop a proposal. But, sometimes “cut and paste” jobs are very obvious to Evaluation Teams and can impact the overall evaluation. Mathematical, Grammar and Punctuation Mistakes - Can make the difference between winning and losing a contract. These mistakes happen easily in the rush to complete a proposal in time or insert last-minute changes to the proposal. Proofreading your work is essential.

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DECEMBER2017 | 13




Offshore Emergency Generator Set (w/ Power Cables & Junction Boxes) USD 1.5MM for lot (Offers for individual sale will be considered)

Manufacturer: CATERPILLAR Model: 3516B Condition: Used Power Rating (kW): 1,825 Frequency Hertz (Hz): 60 Fuel Type: Diesel Hours Used: 2200-4400

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The Apprenticeship Incentive By: R.D. Gibson


This is a grainy recollection of The Sorcerer’s Apprentice from 2010 - the Disney movie about a descendent of the wizard Merlin. Don’t worry. There are no spoilers. It was probably one of the last times we saw Nicolas Cage in a semi-decent role to be quite honest. The movie was fashioned after a portion of Disney’s Fantasia where we see Mickey Mouse wreck a Sorcerer’s workshop. But, instead we get a modern-day, Manhattan-esque undertaking of this classic story. Through the story, we see the same mishaps in live-action form – a pessimistic ‘teacher’ taking on a questionable candidate to conquer evil. The rising action builds to the mess-ups of all mess-ups. But, can we really blame the kid? Seriously. He was using his resources. After all, he was only an apprentice. Not saying that all mess-ups ensue. Not every apprentice’s story is the same, but of course it is rewarding. In comparison though, the real world is a lot different, and our industry doesn’t just deal with mops and cleaning supplies under magic spells. If you Google the term ‘apprentice’, you get a gratuitous nod to our current President’s hit TV show. But, we understand that apprenticeships are programs in which people learn trades from employers. They are novices who begin to learn the ropes of their respective industries. A few weeks ago, there was an engaging, exciting discussion in a forum regarding the growth and implementation of apprenticeship programs in Guam. AnnMarie Pelobello, the Apprenticeship, Safety, Education & Training Administrator with the Guam Contractors Association, spoke about how apprenticeship programs are changing nowadays. “The nature of the workforce is changing for the better,” she stated. “The apprentice program will continue to add more skilled professionals into our local workforce – employers must continue to consider to plan for the future,” she emphasized. She pointed to various high-interest programs for HVAC, electrical, and carpentry trades. Further, Pelobello recognizes 11 U.S. Department of Labor Certificates of Completion of Apprenticeship (Journeyman Certifcations) being issued. These apprentices took night classes, and logged their on-the-job-training hours – just another successful program in the books! With this, there seems to be a desire on both sides of the spectrum. At this point, it is a matter of working Like Us On Facebook


with the GCA to implement a program within their respective business to help in not just growing their employees, but the business and its services. “The business can create and implement their own apprenticeship program and train in-house,” Pelobello said. “There is a process and [it] would need to be submitted by Guam DOL for review and approval,” she finished. Former Senator and director of the Department of Labor, Sam Mabini said registered apprenticeship programs are important tools for employers for workforce development and overall success. “[Registered Apprenticeship] is important because it has proven to be the effective method to train-up employees,” said Mabini. She added how the benefits have manifest in companies in which there have been successful implementation and execution. But, more than that, implementation of such programs invigorates and builds “loyalty and retention of employees” according to Mabini. That is one of the effects the industry should be looking toward. Creating an exciting and dynamic industry that keeps employees. Even as we have recently seen the Defense bill passed that allows 4,000 H2-B workers, it is imperative we build a local workforce that can benefit our community as a whole. Mabini said apprenticeship programs have, “and will [augment the workforce] provided that employers commit to the program.” Adding that programs bring in new skilled workers industry people are looking to hire. When we look at apprenticeship programs, it’s important that companies invest in skilled workers who might or might not have the slightest clue of what to do. Programs need to be conducted correctly, but if done so, companies see the benefits of skilled workers and possibly improved output. This can lead to expanded career opportunities. “I believe [the forum] was successful for those new to Registered Apprenticeship,” said Mabini because of the information and learning experiences shared throughout. Don Cruz of Docomo Pacific said, “[The forum] was a great success!” He echoed what Pelobello and Mabini said previously with the importance of how apprenticeship programs help a business’ ecosystem. “A successful apprenticeship program is also necessary in our location as our talent pool


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is smaller,” mentioned Cruz. He pointed to Docomo’s Customer Service Representative Apprenticeship program where their enrollment is high, and where participants have seen tremendous growth and have taken higher positions in the company – “an indicator that what they’re learning is being reflected with their performance.” Moreover, he said that apprenticeship programs have been a positive learning experience. In the face of payment obstacles, Docomo has implemented a “totally free” program for their associates. In effect, “the commitment is further cemented and reinforced by on the job training provided by journey workers,” said Cruz. It has also provided a tax credit benefit for the company as a whole. “The tax credits from the Apprenticeship program has provided for a tangible benefit for the company that allows us to continue the support for the program.

goal: “to keep our associates in the company for a very long time.” He added, “The apprenticeship program creates a talent pool that any company can pick from and gain a fully capable talent who can hit the ground running.” Like Merlin’s magic and the story of the Sorcerer’s Apprentice, Registered Apprenticeship programs have been around for years. But to continue the amazing, dynamic work that has been already accomplished, it is important to get more businesses on board. “The State Apprenticeship Director looks forward to continuing more outreach events like the registered apprenticeship forum,” Mabini mentioned. This includes reaching out to more businesses to discuss and share the benefits of these programs. “The goal is to have the qualified skilled workers needed by our businesses, and to adopt an ethic of investing in employees through training and development.”

Pelobello spoke of the benefits for both apprentice and employers. Those who participate in these programs have the opportunity to “earn as they learn” while employers get a break on GRT. But, at the end of it, there is a skilled employee who can help foster more growth and development within the company with their skillset. Cruz added that apprenticeship programs add to an ultimate

18 | DECEMBER2017


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DECEMBER2017 | 19

Your Exclusive Guam Dealer

Ann Marie Pelobello Peggy Denney Shierly Caceres Soraya Vongjalorn Tashi Tarin Jessica Barrett Mellanie Pascual Marie Guerrero Barbara Burkhardt Geraldine Hattori

- President - President-Elect - Immediate Past President - Vice President - Treasurer - Secretary - Director - Director - Director - Parliamentarian


the Opportunities


Much excitement percolated at the 7th Annual Guam Contractors Association(GCA) and National Association of Women In Construction(NAWIC) Pizza, Pop, and Power Tools Event, held at the GCA Trades Academy, in Barrigada, on a Saturday, October 28th. At the GCA event there was an enthusiastic gathering of wide-eyed, horizon-searching young ladies in their pre-to-early teens readying their hearts and minds to the prospects of considering a career path in the construction sector. With around 60 young women of middle school and high school ages, there was plenty of vitality present at the Pizza, Pop, and Power Tools Event. According to the NAWIC Guam Chapter President, Ann Marie Pelobello, “The Pizza, Pop, and Power Tools Event, begins with a safety briefing,” mimicking an actual construction work site. As she explains, the idea is to give the young people a sense of the construction environment; realizing that many of them have never been exposed to construction and trades activity, nor have they held hand or power tools. Those particular activities, on that day, were allowed to be experienced by these youngsters; along with getting exposed to backhoe and bucket trucks, and other equipment operation—of course, in a fixed position, since the majority of the attendees were still not legally licensed yet.” As well, there were women in construction mentoring to these young ones. Pelobello, herself, is a safety business owner/operator of OSH Solutions Guam with several years of experience and operations here on island. Juanita Blaz, Island Girl Power-Program Director, offered her take on the Pizza, Pop, and Power Tools, event. “Girls, primarily, from our Northern Island Girl Power-Dededo location, participated this year. We’ve been involved from the very beginning. And, we think it’s a wonderful way to show the girls the possibilities. This program goes a long way to improve self-esteem and self-confidence. In that respect, it’s very important to the girls.” Revealing her practical ethic, “We believe, the more we do activities like this one, the more we increase the possibilities that our young women will find their way into construction, and construction-related fields. Also, every young lady needs to know a little more about general trades, just to be able to do some electricity or plumbing; to accomplish those things around their own homes.”

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According to Blaz, “We feel that when you get people to use their hands to fix or create something, you greatly increase their confidence. It’s very empowering.” Another perennial sponsor, Guam Girls Scouts, also put forth their feedback through Melissa Lamorena Fernandez, Executive Director for the local scouting organization. “We’ve been a long-time sponsor, and have always had our girls as participants in this annual event. This year we had 12 girls scouts attending. Our mission is that our girls be prepared for the world, and we want to provide them with new experiences to help accomplish that goal; and, expose them to areas like construction, which have been mainly male-driven occupations, but may now be available to them.” Further to the philosophical aspect of Pizza, Pop, and Power Tools, she commented on the hands-on experience, “They can say they’ve been on a bucket truck, operated a backhoe, or they know how to tile...all of which they may not be able to use now, but possibly in the future. However, it’s not just about these particular skills, other construction areas require advanced degrees, and it’s important for our girls to realize many other kinds of fields are in the construction industry.” Fernandez also expressed her gratitude, “We are appreciative to the GCA and the other sponsors of this event, for other similiar opportunities that allow our girls to explore their options. These programs are very helpful for young women.”

Pizza Pop & Power Tools Organizing Committee: Island Girl Power, GCA Trades, National Association of Women In Construction(NAWIC)-Guam Chapter, Guam Department of Education, Guam Girl Scouts, OSH Solutions Guam, and GCA Members. Community Service Credits can be earned through this event.

Pizza Pop & Power Tools Teams Team 1 – Tootsie Pops Team 2 – Kit Kats Team 3 – Almond Joys Team 4 – Milky Ways Team 5 – Milk Duds


DECEMBER2017 | 23


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DECEMBER2017 | 25



GCA Luncheon November 15, 2017 Westin Resort Guam

Guest Speakers John Benavente Hosted by: JV International Safety

26 | DECEMBER2017


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30th Annual GCA Golf Tournament November 10, 2017 Country Club the Pacific

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DECEMBER2017 | 29



Exclusive Gua Guam am Dealer


Wishing you

a very Merry Christmas and a prosperous new year! FROM YOUR GCA FAMILY (671) 646-4840 www.guamcontractors.org

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