GCA Construction News Bulletin September 2017

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GUAM WORKFORCE CRISIS CONTINUES respectfullyrespectfully moves thismoves Honorable this Honorable Court Court by Mr Salas by Mr of Jeff Salas Joseph of Jeff Esq Joseph of Aurora, Esq of Aurora, for an injunction directing United directing United Colorado.Colorado. Working Working with localwith attorneys local attorneysfor an injunction States Citizenship and Immigration and Immigration and in particular and in particular with Jennifer withDavis Jennifer Davis States Citizenship Services (“USCIS”) to immediately to immediately Esq and Melinda Esq and Swavely MelindaEsq Swavely through Esq throughServices (“USCIS”) reverseand its reverse decisions itsand decisions and the summer, the Mr summer, JosephMr prepared Joseph prepared a class a classreopen andreopen grant the Plaintiffs grant the and Plaintiffs Proposed andClass’ Proposed Class’ action lawaction suit. law suit. H-2B visaH-2B petitions. visa Plaintiffs petitions. and Plaintiffs and Proposed also Class respectfully also respectfully request request Meanwhile, Meanwhile, parallel actions parallelwere actions being were beingProposed Class that any Certification Labor Certification issued issued taken by others. taken by Governor others. Governor Eddie Baza Eddie Baza that any Labor by the Department Guam Department of Labor beof Labor be Calvo communicated Calvo communicated with the Director with the of Directorbyofthe Guam extended for extended the validity for theperiod validity of the period of the USCIS and USCIS othersand to others resolveto the resolve issue but the issue but reopened petitions.” USCIS petitions.” to no avail. to He no avail. took other He took actions othersuch actions such reopened USCIS as forming asan forming H-2B an Task H-2B Force Task to deal Force to deal By John M. Robertson On 3rd November On 3rd November 2016, attorneys 2016, attorneys specifically specifically with this with troublesome this troublesome issue. issue. representing representing the USCIS thefiled USCIS theirfiled their Congresswoman Congresswoman MadeleineMadeleine Z. Bordallo Z. Bordallo BeginningBeginning during theduring last quarter the lastofquarter 2015, of has 2015, “Opposition to Plaintiffs’ to Plaintiffs’ Motion for Motion for communicated has communicated with the USCIS with the USCIS “Opposition the U.S. Citizenship the U.S. Citizenship and Immigration and Immigration Preliminary Injunction”. Injunction”. The arguments The arguments Director, Director, the Secretary the Secretary of Homeland of HomelandPreliminary Services, without Services,warning without or warning notice of or any notice of any and used are four: Security Security Assistant and Assistant SecretarySecretary of of used are four: kind, halted kind, thehalted approval the of approval petitions of and petitionsDefense and The Mandatory InjunctionInjunction would would I. The Mandatory but Defense againbut without againfavorable without favorable I. issuanceI.of issuance H-2B work of H-2B visaswork requested visas requested status the quo,status is contrary quo, is contrary outcome. outcome. She had language She had language incorporated incorporatedchange thechange by Guam by employers. Guam employers. What for What many for years manyinyears to the relieftoavailable the relief under available the under the the House in the version Houseofversion the FYof2017 the FY 2017 had been had about been a 98% about ratea of 98% approval rate of approval II. Administrative ProceduresProcedures Act and isAct and is National National Defense Authorization Defense Authorization Act Act Administrative reduced toreduced 0% approval. to 0% approval. It was learned It was learned Impermissibly broad. broad. to allow H-2B to allow workers H-2Btoworkers enter Guam to enter Guam Impermissibly that the USCIS that thehad USCIS adopted hadaadopted new more a new more are unlikely aretounlikely succeed at to succeed at for military foronly military projects. only The projects. Senate The Senate Plaintiffs Plaintiffs stringent stringent interpretation interpretation of “temporary”. of “temporary”. merits on the merits considered considered similar language similar language but faced but faced trial on thetrial The impact The was impact immediate was immediate and damaging and damaging III. Plaintiffs have not shown have not thatshown they that they oppositionopposition from the Justice from the Department Justice Department Plaintiffs to employers to employers that reliedthat on H-2B relied on visaH-2B visaso the legislative face irreparable face irreparable harm absent harm an absent an so the legislative action failed. action failed. holders forholders a portion for aofportion their workforce. of their workforce. immediateimmediate mandatorymandatory injunctioninjunction Most unfortunately, Most unfortunately, that damaging that damaging The class The IV. Plaintiffs’ Plaintiffs’ unprecedented unprecedented request forrequest for action class lawsuit actionwas lawsuit filed was in filed in conditioncondition prevails toprevails the present to theday. present day.Guam District relief is contrary relief istocontrary the public to the interest public interest GuamCourt District almost Court a year almost a year ago on 4th ago October on 4th 2016 October by the 2016 lawby the law BACKGROUND BACKGROUND The Magistrate The Magistrate Judge filed Judge his 30 filed page his 30 page firms of Davis firms and of Davis Davis, and PCDavis, of Guam PC of Guam “Report and “Report Recommendation and Recommendation to Deny to Deny and Joseph and Law Joseph Firm, Law PCFirm, of Aurora, PC of Aurora, The Guam The business Guam community business community came came Motion for Motion Preliminary for Preliminary Injunction” Injunction” on on Colorado.Colorado. The class The includes class the includes Guamthe Guam together for together the first fortime the first on the time subject on the subject 11 August112017 August and 2017 addresses and addresses the four the four Contractors Contractors Association Association together with together with at the Dusit at the Thani Dusit Resort Thani onResort Fridayon 1stFriday eleven 1st points raised points by raised the Defendants. by the Defendants. other eleven named other plaintiffs named plaintiffs of which of which July 2016July when 2016 several when immigration several immigration six are contractors six are contractors and five are andother five are other attorneys attorneys explainedexplained the new situation. the new situation. 1. Preliminary Injunction. Injunction. It is It is local Guam local businesses. Guam businesses. The class The is class is Preliminary That was That followed was up followed on 15th upJuly on 15th by July byrepresentative understood that a legal that standard a legal applies standard applies representative of the named of the Plaintiffs named Plaintiffs understood a meetingaof meeting members of members of the Board of the of Board of here and that here aand preliminary that a preliminary injunctioninjunction and all others and all similarly others similarly affected. affected. DirectorsDirectors of three business of three organizations, business organizations, is an ‘extraordinary is an ‘extraordinary and drastic and remedy’ drastic remedy’ the Chamber the Chamber of Commerce, of Commerce, the Guamthe Guam thatapproved is rarely approved by the courts. by the courts. MOTION MOTION FOR PRELIMIFOR PRELIMI- that is rarely Contractors Contractors Association Association and the Guam and the Guam It would seem It would appropriate seem appropriate from Guam from Guam NARY INJUNCTION NARY INJUNCTION Hotel & Restaurant Hotel & Restaurant Association. Association. These These employer’semployer’s standpointstandpoint but not forbut thenot for the meetings meetings were organized were organized with thanks with tothanks Attoabout At theabout same the timesame the class time action the class actioncourt. court. Mr Bob Salas Mr Bob of Landscape Salas of Landscape Management Management lawsuit was lawsuit filed,was a 27filed, pagea“Motion 27 page for “Motion for Systems. Out Systems. of these Outmeetings of these meetings developeddeveloped Merits.2.InMerits. relationIntorelation the merits to the of the merits of the Preliminary Preliminary Injunction” Injunction” was filed with was filed the with the the idea ofthe taking idea of legal taking action legal andaction the and the case, the discusses judge discusses the situation the situation court. Thecourt. introduction The introduction reads as follows: reads as follows:case, the judge engagement engagement of an off-island of an off-island attorney attorney of each ofofthe each named of the plaintiffs named and plaintiffs and with specialized with specialized litigation litigation experienceexperience in in“Plaintiffs“Plaintiffs admit that to admit each that haveeach beenhave been and Proposed andClass, Proposed by and Class, by and appears toappears immigration immigration issues. This issues. led toThis theled hiring to the hiring damaged damaged by the denial by the of visa denial approvals of visa approvals through undersigned through undersigned counsel, hereby counsel, hereby 10 | SEPTEMBER2017


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and because and thebecause standard theofstandard of 3. Irreparable Irreparable Harm. The Harm. Magistrate The Magistratedisfavoreddisfavored but does not that denials but accept does not accept thatwere denials were reviewdeferential is highly deferential under the APA, under the APA, Judge’s recommendation admits admits review is highly arbitrary or capricious. It includesItthe arbitrary or capricious. includes theJudge’s recommendation the below-signed the below-signed judge recommends judge recommends that the that the that somethat but some not allbut plaintiffs’ not all plaintiffs’ have have followingfollowing reference:reference: Chief denyJudge the Motion deny the forMotion Preliminary for Preliminary demonstrated demonstrated irreparable irreparable harm if the harm if Chief the Judge Injunction.Injunction. injunctioninjunction is not granted is not granted “The court“The notescourt that notes the Plaintiffs’ that the Plaintiffs’ temporarytemporary thedenies request theanyway. request“.anyway. . . the “. . . the construction industry’s industry’s needs for H-2B construction needs for H-2Bbut deniesbut On 25th August On 25th2017, August attorney 2017, Jeff attorney Jeff that finds only some that only Plaintiffs some Plaintiffs have have workers present a dilemma relationin relation court findscourt workers present ain dilemma Joseph filed Joseph a 9 page filed Plaintiffs’ a 9 page Plaintiffs’ ObjectionObjection met their of demonstrating burden of demonstrating that that to the H-2B temporary employment to the H-2B temporary employment met their burden to Magistrate to Magistrate Judge’s Report Judge’sand Report and injury is likely injury if is a preliminary likely if a preliminary program. Exhibit to the FAC a FAC is a irreparableirreparable program.1 Exhibit 1 toisthe Recommendation. Recommendation. He notedHe that: noted “Thethat: “The injunctioninjunction is not issued.” is not issued.” GDOL briefing the Guam GDOLsummary briefing for summary for the Guam MagistrateMagistrate Judge erredJudge in finding erred in that finding the that the Chamber of Commerce relative torelative the Chamber of Commerce to the Plaintiffs Plaintiffs had not established had not established a likelihood a likelihood of of Balance ofBalance Equities of and Equities Public and Interest. Public Interest. increase inincrease the denial rates of H-2B in the denial ratesvisas. of H-2B4.visas. success merits on the in denying merits inthe denying Plaintiffs’ the Plaintiffs The recommendation The recommendation considers considers success on the Therein, GDOL Therein,states: GDOL states: a Preliminary for a Preliminary Injunction.” Injunction.” argumentsarguments from bothfrom sidesboth and sides and Motion forMotion concludes concludes that: “Having that: considered “Having considered the the Utilization of supplementary foreign foreign Utilization of supplementary The The Plaintiffs’ ObjectionObjection includes two includes two parties’ arguments, the court finds the court that finds the that thePlaintiffs’ workers, via the H-2B program, workers, via the H-2B program, parties’ arguments, Arguments: Arguments: equities of and equities the public and the interest public interest is an unfortunate reality forreality Guam for Guam balance of balance is an unfortunate the Plaintiffs’ in the Plaintiffs’ favor.” favor.” construction activities.activities. Current U.S. construction Current U.S.weighs in weighs I. The Magistrate The Magistrate Judge erred Judge in finding erred in finding resident construction worker capacity resident construction worker capacity that theDenials USCISofDenials the Plaintiffs of the Plaintiff Overall Conclusion: Overall Conclusion: “Based on “Based the above on the abovethat the USCIS is insufficient to fill the vacuum is insufficient to fill theshould vacuum should Petitions Petitions were not arbitrary were not arbitrary and and analysis,some although Plaintiffs some have Plaintiffs shown have shown existing foreign workers existing foreignleave.... workers leave.... analysis, although capriciouscapricious because the because agencythe failed agency failed that they are thatlikely theytoaresuffer likelyirreparable to suffer irreparable harm harm to articulate a connection a connection between between in the absence in the of absence a preliminary of a preliminary injunction,injunction,to articulate The lack ofThe skilled lackworkers of skilledinworkers the common in the common the presented evidence presented and the agency and the agency andbalance that the of balance equities of and equities the and the the evidence construction construction trades on Guam trades isonreal Guam is realand that the public interest public appears interesttoappears tip in favor to tipofinthefavor of thedenials. denials. and cannotand be fixed cannot bybeimporting fixed by importing US US Plaintiffs,Plaintiffs, the court finds the court that finds the Plaintiffs that the Plaintiffs workers. History workers. hasHistory provenhas thisproven fact. this fact. specifically of specifically engaging with engaging with to demonstrate failed to demonstrate that they are that they are Instead of Instead Since the end Since of World the endWar of World II, very Warfew II, veryhave fewfailedhave and addressing and addressing the evidence thepresented, evidence presented, likely to succeed likely on to succeed the merits on the of their merits claims. of their claims. large facilities largehave facilities been have built been without built without the agencythe issued agency remarkably issued remarkably similar similar Because mandatory Because mandatory injunctionsinjunctions are generally are generally supplementation supplementation by foreign by workers.” foreign workers.” Onsite Diesel Ad GCA 25yrs.qxp_Layout 1 14/08/2015 1:50 pm Page 1

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in case a Circuit before the It build-up. It is clear that Finally, inFinally, boiler-plate boiler-plate denials ondenials 46 distinct on 46 distinct a Circuit on all case fourson all fours was beforewas the build-up. is clear that with the current case, Circuit the Third agencyfailed “entirely failed toanconsider an with the current petitions for petitions 296 different for 296workers. differentEven workers. Even case, the Third in Circuit in the agencythe “entirely to consider Larson cited Special to a 1954 Special aspect of the related problem,” to more striking, moreisstriking, that, despite is that, different despite different importantimportant v.Rogers. Larson v. cited to a 1954 aspect of the problem,” to related Rogers. House Subcommittee Hearing on the H2B the temporary militaryinbuild-up types of evidence types ofbeing evidence presented being by presented by the temporary House Subcommittee Hearing on the H2B military build-up Guam. in Guam. program and temporary need. Concluding different employers different employers for different forpositions, different positions, program and temporary need. Concluding II. The Magistrate that theinterpretation Service’s interpretation of the Judge erred in agreeing there was there not a was singlenot case a single that was case that was The Magistrate that the Service’s of the Judge erred in agreeing word “temporary” was too restrictive, withthat USCIS that recurring approved.approved. And, evenAnd, moreeven striking moreisstriking that is that was too restrictive, with USCIS recurring peakload peakload word “temporary” the Subcommittee recommended needs whichtemporary require temporary 100% of these 100% cases of these had been casesapproved had been approved needs which the Subcommittee recommended a more a more require workers workers realistic and expeditious to continuously work for the same in the pastinbased the past on the based same onevidence the sameinevidence in realistic and expeditious applicationapplication to continuously work for the same of the H-2B provisions to the oneyear to three yearisperiods of is the H-2B the past since the the pastinception since the of inception the H2Bof the H2B employer employer provisions to the island of island of for one to for three periods in the British Virgin Islands. not in harmony with the regulation that program. program. Tortola inTortola the British Virgin Islands. not in harmony with the regulation that Rogers v.563 Larson, 563 (3d F.2d 617 (3d employment will inand the near and Rogers v. Larson, F.2d 617 employment will end in theend near As the Rogers court found, The only conclusion The only conclusion that can bethat rationally can be rationally Cir. 1977).Cir. As 1977). the Rogers court found, definable definable future. future. the H2inprogram in the Virgin Islands or logicallyordrawn logically is that drawn the isevidence that the evidence the H2 program the Virgin Islands had expanded the point where alien The Magistrate Judge acknowledges thathad expanded presented by presented the Plaintiffs by the did Plaintiffs not matter did not matter to the pointtowhere alien The Magistrate Judge acknowledges that workers constituted the need determination premised on workers constituted and that there and that was there no rational was noconnection rational connection nearly halfnearly of the half of the the need determination is premisedison Virgin Islands “and temporary nature of the employer’s need and notVirgin Islands between the between evidence thepresented evidence and presented the and thethe naturethe work force,work “andforce, temporary of the employer’s need and not alienwere workers were economically whether theisjob itself is permanent. ultimate decision ultimateofdecision the agency. of the Theagency. logicalThe logical alien workers economically essential essential whether the job itself permanent. (R&R (R&R to the VirginId. Islands.” At 624. The 3). The regulation and clear implication and clear implication is that USCIS is that hasUSCIS has3). The regulation Islands.” At 624.Id.The specificallyspecifically states, “anystates, “anyto the Virgin Court thathad therecognized INS had recognized jobthe in which the petitioner’s need for theCourt noted taken a blanket taken position a blanketonposition Guam H2B on Guam H2Bjob in which thatnoted the INS petitioner’s need for the that it is appropriate to allow recurring to be performed by the employee(s) is it is appropriate cases that recurrent cases that filings recurrent willfilings resultwill in result induties to beduties that to allow recurring performed by the employee(s) is authorizations for U.S. employers to not the underlying a denial ona the denial basis onthat the basis the position that thehas position has authorizations for U.S. employers to temporary,temporary, whether orwhether not the or underlying employ temporary seasonalId. workers. Id. can be as described as permanent or employ temporary become a regular become part a regular of thepart employer’s of the employer’s job can be job or seasonalorworkers. described permanent or U.S.doworkers do to notperform want to perform The Magistrate business operations business operations regardless regardless of the of the temporary.temporary. workers not want The Magistrate Judge also Judge also That U.S. That are not should available should acknowledges that anmay employer evidence presented. evidence presented. Even the Magistrate Even the Magistrate certain jobscertain or arejobs not or available acknowledges that an employer have may have notthose preclude those employers recurrent need forand workers Judge findsJudge the disparity finds the between disparitypast between past a recurrenta need employers who have who a have a for workers that and that not preclude from obtaining this is anticipated by the regulations. temporarytemporary approval rates approval and current rates and denial current rates denial rates this is anticipated need from need obtaining the servicesthe services by the regulations. of individuals who are (R&RIn35-36). fact, the regulations of individuals “alarming.” “alarming.” (R&R 35).(R&R To the35). extent To the thatextent that who are willing to willing performto perform (R&R 35-36). fact, theInregulations job on a temporary recurrent provide that themust employer musta provide the a job on the the denialsthe diddenials not specifically did not specifically address theaddress the a temporary recurrent basis. Id. basis. Id. provide that the employer provide 626 The Court concluded, “the common of need “ describing in detail the evidence presented evidence and presented ratherand appears rather appears statement statement at 626 TheatCourt concluded, “the common of need “ describing in detail the the now INAas and now as amended situation or conditions whichpurposes ofpurposes to be an across to bethe-board an across the-board blanket denial blanket denialtemporarytemporary the INAofand amended situation or conditions which ‘arean to adequate assure anlabor adequate labor make it to necessary to alien bringtothe policy, the policy, Magistrate the Magistrate Judge should Judge notshould not make it necessary ‘areIRCA, to assure bring the thealien to theby IRCA, by the and one hand and the to protect the United andthe whether defer to thedefer agency to the because agency thebecause “agency’s the “agency’sUnited States oneon hand to protect andStates whether need isthe a need is a force on theforce jobs ofoncitizens on the other.” onetime occurrence, seasonal, peakload jobs of citizens decision runs decision counter runs to counter the evidence to the evidence onetime occurrence, the other.” seasonal, peakload or intermittent. need is seasonal, presented,”presented,” or the 100% or the denials 100% aredenials “so are “so or intermittent. If the needIfisthe seasonal, Conclusion: The Magistrate peakload, or intermittent, the statement implausible implausible that it cannot thatbe it ascribed cannot betoascribed a topeakload, a Conclusion: The Magistrate Judge wasJudge was or intermittent, the statement finding some Plaintiffs have shallwhether indicatethe whether the or situation orcorrect incorrect difference in difference view orintheview product or the of product agency of agency findinginthat somethat Plaintiffs have shall indicate situation shown they are likelyirreparable to suffer irreparable aretoexpected to be expertise.”expertise.” shown they are likely to suffer conditionsconditions are expected be harm in theofabsence of a preliminary Despite clear indication inharm the in the absence a preliminary recurrent.”recurrent.” Despite clear indication in the andbalance that theofbalance that aneed peakload From the language From theoflanguage the Report of the andReport and regulationsregulations injunctioninjunction and that the equitiesof equities that a peakload can beneed can be and the publictips interest tipsofin favor of the Magistrate Judge appears Recommendation, Recommendation, it is clear that it is the clear that the recurrent, recurrent, and the public interest in favor the Magistrate Judge appears the Plaintiffs. judge erred to to be reconcile unable tothis reconcile this regulationthe Plaintiffs. MagistrateMagistrate Judge, himself, Judge,struggled himself, to struggled to to be unable However,However, the judge the erred regulation finding that the threshold with the regulation requirement that in findinginthat assist the agency assist the in rationalizing agency in rationalizing the the with the regulation the threshold inquiry ofinquiry of requirement that on the employment must the near definable denials anddenials connecting and connecting the facts presented the facts presented likelihoodlikelihood of successofonsuccess the merits wasmerits not was not employment must end in the end nearindefinable established. Because thedecisions agency’s decisions future. 36).the AsMagistrate such, the Magistrate with the reason with the for reason denial.for . . .denial. While . . . While future. (R&R established. Because the agency’s 36).(R&R As such, in thesefailed matters failed tothe connect the Judge defers to the agency viewpoint. in these matters the Magistrate the Magistrate Judge acknowledges Judge acknowledges the the Judge defers to connect to the agency viewpoint. evidence presented with the articulated unique position uniqueofposition Guam with of Guam regard with to regard to evidence presented with the articulated basis for denialof inthe 100% of the cases, The Magistrate errs by placing undue H2B workers H2B(R&R workers 26),(R&R the fact 26), that the fact that The Magistrate basis for denial in 100% cases, Judge errs Judge by placing undue the only conclusion that the decisions theand job whether itself andthe whether job only conclusion Guam hasGuam a shortage has aofshortage skilled labor of skilled labor focus on thefocus is that theisdecisions job on itself job the the were not based on in evidence in the record is permanent than the nature ofwere the not based does not render does not the render H2B temporary the H2B temporary need needis permanent on evidence the record rather thanrather the nature of the reflect apolicy blanket policy for of denial for need. 36). Furthermore, determination determination inapplicable inapplicable to Guam, to norGuam, nor and reflectand a blanket of denial employers employers need. (R&R 36).(R&R Furthermore, Also,the because the this interpretation of temporary need recurrent recurrent should it result should inita result 100%indenial a 100% rate.denial On rate. On petitions. petitions. Also, because this interpretation of temporary need regulations clearly allow for recurrent need collapses the of four types of regulations the contrary, thethe contrary, military thebuild-up militaryitself build-up itselfessentially essentially clearly allow for recurrent need collapses the four types is on the need at section 8 C.F.R. section 214.2 has causedhas a massive caused atemporary massive temporary need for need fortemporarytemporary when the when focus the is onfocus the nature of nature the of the need at 8 C.F.R. 214.2 andjob not the job the Magistrate intoonly one.type Theofonly type who of worker can and need skilled labor skilled and labor that need and will that continue need willtocontinueinto to one. The not the itself, the itself, Magistrate worker can who need erred inthat finding that the Plaintiffs are really for isana H-2B exist as long exist as the as long military as thebuild-up militarytakes build-up takes the Plaintiffs are really qualify forqualify an H-2B workeris a workererred in finding on the merits. for aproject one-time place. Presumably, place. Presumably, when the build-up when theisbuild-up iscoming forcoming succeedtoonsucceed the merits. a one-time thatproject does that doesunlikely tounlikely reoccur. This the distinction completed,completed, skilled labor skilled can be labor re-diverted can be re-diverted not reoccur.not This renders therenders distinction betweenoccurrence one-time occurrence and peakload to other Guam to other construction Guam construction projects and projects andbetween one-time and peakload virtually meaningless. the need will the return need will to what returnit to always what it always virtually meaningless. 12 | SEPTEMBER2017


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determination the determination is so far only is so far only House forHouse signature for signature and the president and the president Court Hearing Court Hearing on 24 August on 24 AugustSince the Since verbal, it cannot verbal, be it cannot responded be responded to. to. signs it, then signs we it, should then we be should in position be intoposition to 2017 2017

Of greaterOf importance greater importance at this time at this is time is recruit H-2B recruit workers H-2Bbeginning workers beginning in April in April three other three rulings. other1.rulings. The motion 1. Theofmotion of or May ofornext May year. of next Thisyear. will be This helpful will be helpful There wasThere a briefwas hearing a briefinhearing the in the Defendant’s Defendant’s to dismisstothe dismiss case, 2. theMotion case, 2. Motion for military forconstruction military construction projects but projects but courtroomcourtroom of Magistrate of Magistrate Judge Judge byJeff Plaintiffs by Plaintiffs regardingregarding Rule Making Ruleby Making by not for civilian not fororcivilian Government or Government of Guam of Guam Manibusan Manibusan on 24th August. on 24thAttorney August. Attorney Jeff the USCIS, theand USCIS, 3. Certification and 3. Certification of the of theprojects. projects. Joseph forJoseph Plaintiffs for Plaintiffs and attorney andGlenn attorney Glenn Class. Class. GirdharryGirdharry for Defendants for Defendants participated participated In the long In run, the long legislation run, legislation is neededisinneeded in by telephone by telephone connection connection from the states. from the states. FY 2017 FY NATIONAL 2017 NATIONAL DEDEthe U.S. Congress the U.S. Congress for a special for Guam a special Guam In it, the judge In it, the saidjudge he was said making he was making FENSE FENSE AUTHORIZATION AUTHORIZATION only or Guam only or and Guam CNMI and only CNMI alienonly alien recommendation recommendation concerning concerning Plaintiffs’Plaintiffs’ ACT (NDAA) worker visa. worker Thatvisa. is being Thatdealt is being withdealt in with in request forrequest discovery. for discovery. Plaintiffs Plaintiffs had had ACT (NDAA) Congresswoman Congresswoman Bordallo’sBordallo’s office butoffice is but is requestedrequested a copy of aallcopy training of allmanuals, training manuals, The House The of House Representatives of Representatives has has on hold until on hold the until NDAA thebecomes NDAA law. becomes law. memoranda memoranda and instructions and instructions pertainingpertaining approved their version theirofversion the NDAA of theand NDAA and to the change to theinchange processing in processing of Guam of visa Guamapproved visa includesitprovision includes provision for H-2B for worker H-2B visas worker visas applications applications and renewals and starting renewalsinstarting late in itlate for military for projects military on projects Guam. on The Guam. Senate The Senate 2015. Judge 2015. Manibusan Judge Manibusan stated thatstated he that he has a draft has version a draft of version their bill of and their it bill and it intended to intended put it intowritten put it inform written but has form but has provides for provides 4,000 for H-2B 4,000 worker H-2B visas worker for visas for not yet done not so. yetHe done stated so. He thatstated he was that he was purpose. same Both purpose. provide Bothfor provide nursesfor nurses recommending recommending denial of the denial motion of theformotion the for same the and otherand skilled other trades skilled in the trades medical in the medical now basednow on three based criteria: on three1.criteria: Discovery 1. Discovery field. the After Senatethe hasSenate an approved has an approved must be directly must berelated directly to related resolution to resolution field. After bill, the Conference bill, the Conference Committee Committee will meet will meet of the case, of 2. theRelated case, 2.toRelated specifictoissues specific issues and reconcile and reconcile differences differences between the between the requiring requiring discovery,discovery, and 3. Theand cost 3. of The cost of two versions. two Assuming versions. Assuming this language this language accessing accessing and copying andthe copying documents the documents is included is in included the bill in sent the to bill the sent White to the White must be reasonable must be reasonable in relationintorelation the to the need. need.


per team *If paid by October 6, 2017

2 Player Modified Double Peroria To participate in our Annual Golf Scholarship Fundraiser, Please contact the GCA Office at: Tel: (671) 647-4840/41 | Fax: (671) 647-4866 | Email: desiree.lizama@guamcontractors.org




Wanted: A Few Good Men and Women

Give your business the edge by attending the GCA Small Business Committee meeting. Be your company’s voice and let us know the challenges you face. We are here to help you and your business grow. We have experts in business at our meetings: Gerardine Mendiola Procurement Technical Assistance Center(PTAC) Ken Lujan Small Business Administration (SBA) Casey Jeszenka Small Business Development Center (SBDC) Al Sampson NavFac Marianas Small Business Advisors Our next meeting is on Wednesday, Sept. 27th , 11:30 AM at the GCA conference room 202. Please RSVP with Elaine Gogue. Her email address is elaine.gogue@guamcontractors.org




WORKSHOPS The Guam Procurement Technical Assistance Center (PTAC) is offering a FREE workshop to the public on Thursdays. 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)

September 2017 9/14/17 - Updating your SBA Profile and Navigating the Dynamic Small Business Search (DSBS) Your SBA Profile is a great marketing tool. The Guam PTAC will show you how to setup and update your profile. The DSBS is SBA's database of small businesses. We will show you how to use it to help your company succeed in government contracting.

9/21/17 - Responding to Requests for Proposals (RFPs) Federal Government opportunities greater than $25,000 are posted on FedBizOpps. The US Navy posts their opportunities on NECO. The Guam PTAC will provide an overview of FedBizOpps and NECO, how to navigate the websites, and how to setup automated searches.

9/28/17 - How to Get HUBZone Certified All of Guam and CNMI are HUBZones. The Guam PTAC will take you through the process and address follow up requirements from SBA regarding HUBZone certification.

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

14 | SEPTEMBER2017


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2017 NAWIC Guam Leadership Conference September 8 & 9 PaciямБc Star Resort & Spa

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A Healthy Necessity By: R.D. Gibson


Risky Business came out in the 1980’s. Bob Seger’s “Old Time Rock and Roll”, Ray-ban wayfarers, and light pink button downs provide the popular imagery for a film about “entrepreneurship” in the suburbs. The film basically turned Tom Cruise into an icon. However, it never really got down to the nitty gritty of what risk is and how we prevent or, at least prepare, for it. Probably because ideas of risk assessment, premiums, and deductibles just don’t seem “sexy” enough. How unfortunate for a film that could have incorporated a critical life skill into its theme. Hmph. *Shrugs shoulders* Please be advised – there may be spoilers if you haven’t seen the film. For some people, the idea of health insurance goes straight over our heads. It’s easy to think that we have a job, that job takes money from our checks, and - boom! - we have benefits. Health insurance does not have to be a risky business. But, for the sake of being on the same page, why make health insurance accessible for employees? Why have health insurance at all? It seems like an awful lot of headache for things we don’t seem to worry about in our daily lives. We never know what our medical bills are going to come out to after a hospital stay or surgery – no matter how major or minor. Health concerns and accidents can happen without warning. But, sometimes the burden of paying out of pocket would make any person just endure the pain instead of tending to it. However, beyond that, we had to call in the professionals to give us more information about risk factors, accolades, and what consumers could and should look at when signing up for coverage. The folks at TakeCare Insurance Company handed us the cliff notes - the basics, the important stuff about what people should look at for when settling on health insurance options. Based in Guam, the offer health plans that fit the needs and desires of their clientele. With just over 33,000 members they have been working to provide reasonably priced and outstanding, “member-patient focused services.” They boast a partnership with their members; one that has been built for over 40 years. “At TakeCare, our mission is to be your trusted health partner delivering health solutions for life,” said Jeffrey Like Us On Facebook


Larsen, President of TakeCare Insurance Company. This is apparent in the access they provide to their members, which includes preferred access to FHP Health Center, an array of wellness and preventative programs, and a use-friendly mobile app. These are just garnishes to an already impressive résumé that sets them apart from others. The real grit of TakeCare is their fully accredited Health Plan by AAA-HC as well as their successful completion of the NCQA-Certified HEDIS® Compliance Audit ™. Larsen said that new trends in the health insurance include, “new payment models, new contractual arrangements, new collaborations, new ways to enable clinicians to think about value, to assess value, to focus on what's best for the patient/member.” Surely these opens consumers to more options and opportunities to be well-versed in their coverage. For employers, it is assessing what employees need. It’s necessary with the growing need for health coverage. “Employers should consider their unique employee health needs as well as cost and quality of the health plan,” Larsen said. “In addition, we recommend that employers consider the importance of having wellness and preventative programs available to their employees at no cost.” If anyone has ever had to sit through an open-enrollment presentation, they’ll see the basics are laid out. Simple questions like, “which is best?” and “how much is taken out of my check?” are answered, but speaking from experience, consumers can still be left wondering if they made the right decision. “Look for a health plan that follow strict healthcare guidelines,” asserted Larsen. “Over the past several years and again this year, TakeCare has successfully completed the NCQA-Certified HEDIS® Compliance Audit™,” he continued. According to Larsen, “NCQA is a private, non-profit organization dedicated to improving health care quality…[and] accredits and certifies a wide range of health care organizations.” However, and probably more importantly, people looking at getting health care should look what their health and wellness needs


SEPTEMBER2017 | 19



are. More pointedly, Larsen said members should also look at the full benefits of their insurance plans. “Often times, members don’t realize how many benefits they have access to and are surprised at the value they receive.” However, a big concern he emphasizes is the rising cost of health care. “[It’s] continuing to rise,” he stated. “TakeCare has continually pursued new avenues and tools to allow us to maintain affordable healthcare rates, while continuing to provide high quality healthcare.” There is a litany of reasons as to rising health care rates and premiums. “Health care is expensive – in fact medical expenses are the number one cause of bankruptcy in the United States of America,” said Larsen. According to a NBCNews.com article dated November 4, 2016, stated “health care spending now accounts for more than 17 percent of the U.S. Economy.” The article summarized how

health care takes a bigger chunk out of paychecks every year and how people are spending more money on health care than on some basic life necessities or leisure. Interestingly enough, mainstream news is limited regarding health care since the 45th President took office. The data is probably still coming in to compare and contrast market figure, the effects of political climate, etcetera. What might be a good topic for another article, just might end this one. Though health insurance isn’t in the forethought for most high school seniors, it’s important to get the basics down for why we need to prepare for risks in the future. However, the main idea here is: it’s seems like pretty risky business if we don’t have health insurance. Sure it’s not like “Porsche getaway level risky business”, or “intimate train cart scene risky business”. But, with the right mindset of shopping for insurance that fits budgets, needs, and desires, at least the rewards can outweigh the risks.

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JV International Proves Safety Succeeds By: John S. Aguon


If you've worked for any locally-owned-and-operated Guam company that's managed to stave off the myriad of natural, and/or, small business perils besetting entrepreneurial pursuits here, and, survived; count yourself fortunate. This same business remains vital for 30 years say; well, there should be some kind of medal or award or something, or an attaboy trophy given. Something. Right? Or, that business could just continue to do that right thing it's been doing, reliably, for its cus-tomers. JV International Safety Equipment Company ( JVISEC), is just such a business. Now located in Harmon Industrial Park for the past seven years, it provides a host of occupational and environmental safety products, and services. According to owner/operator, Tommy Pierson,

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JVISEC was established in 1987 and for 23 years maintained its storefront at the Tsai Building in Tamuning, adjacent to Airport Mobil. And, it began when safety wasn't required as it is today. In the past 5 years, JVISEC has increased its staffing with an operating crew of four to seven employees. That manning adjustment only recently took place. For its first 25-year history, Pierson performed in mainly solo-fashion--taking and filling product orders single-handedly. However, that operational mode has been transferred over to JVISEC's current team of workers; now headed by an operations officer. Alona Artero, Chief Operations Officer for JVISEC, working with the successful 30-year retail safety business for five years; is tasked with the lion's share of the safety compa-ny's day-to-day operations and sales. Commenting on the actual business activity and brand awareness for JVISEC, she said, "About 85% of our customers are


SEPTEMBER2017 | 23



contractors, with the remainder coming from local businesses, government and military. Of those sales generated, a good portion of it is walk-in traffic; because, they are aware of JVISEC."

Keenly aware of maintaining and developing their business, JVISEC stays ever-present in the safety marketplace by participating in forums and safety awareness education. Recently, they participated in GCA's Safety Conference as an exhibitor, and have done so annually for some time.

Regarding the types of products and their concentration in the overall JVISEC inventory lineup, Artero states, "While our fire safety products and services do well for us, this ar-ea only accounts for about five percent of our sales, with the majority being had in our safety and personal protection equipment (PPE); like safety vests, safety helmets, steel-toed shoes, etc."

Heading up the marketing division for JVISEC is Marty Anderson, an experienced ad-vertising and media professional. Per Anderson, "We're organizing a series of events to commemorate our 30th Anniversary, and we'll be publicizing those events in the latter part of this year." As a final note, regarding the proper maintenance of safety gear, Pierson injects, "Take care of it. And, it will take care of you."

JVISEC has an array of safety products available in stock and are able to place special orders as needed for their customers.

That seems an ethic that has garnered some 30 years of doing and proving.

What also affects the demand for JVISEC's niche product offering is the onset of con-struction projects and renovations. Artero explains, "When projects start up or come to an end, PPE's and other safety-related products have to be ordered or replenished."

Congratulations, JVISEC for 30 years of making Guam's working environments better protected and safer for our workers.

25th ANNUAL 2017

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142 Seaton Boulevard, Suite 102 - HagĂĽtĂąa, Guam 96910 telephone (671) 477-1239 or (671) 477-2239 facsimile (671) 477-3339 email adztech@teleguam.net www.adztechguam.com



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Modular Aluminum Shields

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GCA Luncheon August 16, 2017 Westin Resort Gam Guest Speaker Glenn Leon Guerrero

26 | SEPTEMBER2017


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Matson Grand Opening August 31, 2017 Matson New Office Building

28 | SEPTEMBER2017


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Small Business Joint Mixer Sept. 9, 2017 Coast360 main Branch

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“Having our home windows tinted by East Island Tinting was an excellent decision. Our power bill dropped enough to pay for the work in less than a year. Even better, our home is much cooler and more comfortable when we walk in after a long, hard day.” Kelly and Maria Fitzpatrick Home Owner

We Carry a Full Range of Safety Equipment

Across Micronesia Mall, Route 16 647-TINT (8468) / 649-TINT northislandtinting@guam.net

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By Catherine Cruz Norton Naval Facilities Engineering Command Marianas Public Affairs Office

NAVFAC Marianas Contributes to Feed Guam Families in Need ASAN, Guam - Employees of Naval Facilities Engineering Command (NAVFAC) Marianas donated 255 pounds of nonperishable food goods in the 2017 Feds Feed Families food drive campaign, June 1 – Aug. 31. Feds Feed Families is an annual campaign organized by the U.S. Department of Agriculture and held during summer months to help keep food banks and pantries stocked at a time when they usually see fewer donations and greater need. “During the summer months people aren’t always aware of the needs of those who don’t have much - the homeless and the poorest of the poor,” said NBG Command Chaplain Lt. Cmdr. Andrew Colvin, Feds Feed Families coordinator for NBG. “So during the summer months, the Feds Feed Families campaign helps those who have very little, who normally only see those donations during the holidays – Thanksgiving, Christmastime and Easter.” Drop boxes for the NAVFAC Marianas contributions were placed at six sites from Building 4175 in Santa Rita in the south to NAVFAC Marianas headquarters on Nimitz Hill to NAVFAC offices at Andersen Air Force Base in the north. The donated food was turned over to the Naval Base Guam command chaplain who saw that it was delivered to three local charitable food banks – Catholic Social Service, Salvation Army Guam Corps and Kamalen Karidat soup kitchen for the homeless.

“It was a great team effort for a great cause,” said NAVFAC Marianas Ensign Joshua Collins, one of the junior officers who helped organize the drive. “We got a chance to bring folks together and give them a chance to express their generosity for the people in need in our community.”

to continue our community outreach.” NAVFAC Marianas has a workforce of approximately 500 civilian employees and 40 military personnel on Guam.

NAVFAC Marianas Ensign Eric Fallon noted the importance of teamwork to the success of the campaign. “This was a coordinated team effort,” he said. “All volunteers were very helpful in soliciting donations in their respective buildings; this campaign would not have been so successful without their help.” All together the Navy on Guam collected approximately 8,960 pounds of food items from various drop-box locations throughout the base, and all were donated to the three local food banks, Colvin said. “As members of the U.S. Navy we are proud to support this effort to help those who are truly in need,” he said. “It gives me personal satisfaction to participate this year and I know my work colleagues share the same feeling,” Collins said. “This was another great opportunity for the great folks at NAVFAC Marianas

SANTA RITA, Guam - Members of the Naval Facilities Engineering Command (NAVFAC) Marianas Feds Feed Families team move food donations from NAVFAC Marianas employees at the NBG Chapel, Sept. 7. From left are Naval Base Guam (NBG) Command Chaplain Lt. Cmdr. Andrew Colvin, NAVFAC Marianas Ensign Joshua Collins and NFM Ensign Eric Fallon. NAVFAC Marianas employees donated 255 pounds of nonperishable food that will be given to food pantries for the less fortunate – Kamalen Karidat soup kitchen for the homeless, Catholic Social Services and the Salvation Army Guam Corps. (NAVFAC Marianas Public Affairs Office/Released)

NAVFAC Marianas Awards HUBZone Small Business Contract to Enable Air Force Mission on Guam PITI, Guam - Naval Facilities Engineering Command (NAVFAC) Marianas awarded, Aug. 31, a $12.8 million task order to Tikigaq Construction LLC, a Historically Underutilized Business Zone (HUBZone)-certified small business, to construct a storage facility on Andersen Air Force Base (AAFB), Guam. “This project is pivotal to the Pacific Airpower Resiliency Initiative on AAFB,” said Engineering Flight Chief Lt. Cmdr. Michael Warren. “When completed, it will store dispersed maintenance spares and specialized equipment to support the 36th Wing and further enable the Air Force objective to hone its resiliency strategy.” 32 | SEPTEMBER2017

The facility includes a vehicle storage area, mechanical equipment areas, a fuel support/spare parts for manifold storage area, a communications room and an office area. Also included in this contract are site improvements such as grading, drainage, access roads, water and sewer utilities, a fire protection system, interior plumbing, interior electrical and communication facilities, and site electrical amenities. “This task order award is a testament to NAVFAC Marianas’ continued focus on providing maximum practicable opportunities for small business participation in our contracting activities,” said NAVFAC Marianas Assistant Deputy for Small Business www.guamcontractors.org

Albert Sampson. “Certainly successful award would not have been possible without the hard work and dedication of our team of acquisition professionals, technical personnel, and our qualified small business partners.” The task order was awarded under a design-build multiple award construction contract (DB MACC). Work will be performed in Yigo, Guam and is expected to be completed by May 2019. Four proposals were received for this task order.

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By Krista Cummins Naval Facilities Engineering Command Pacific Public Affairs Office

Navy Awards Government of Japan-Funded Contract for Marine Corps Relocation Project on Guam JOINT BASE PEARL HARBOR HICKAM - Naval Facilities Engineering Command (NAVFAC) Pacific awarded a $164.89 million firm-fixed price contract August 17 to Granite-Obayashi, a Joint Venture of Watsonville, Calif. for construction services required for design and construction of utilities and site improvements for the future Marine Corps Base Guam on Naval Computer and Telecommunications Site (NCTS) Finegayan. The contract was awarded in support of the Defense Policy Review Initiative and was funded by the Government of Japan as part of the International Agreement between the United States and Japan. The award of this contract marks a critical step in moving forward with the relocation plan that has been 12 years in the making.

“This effort is a big step in strengthening Guam, as part of the Marianas strategic hub, ensuring the Marine Corps’ ability to sustain a forward presence within the Indo-Asia-Pacific region,” said Lt. Gen. David Berger, commander, U.S. Marine Corps Forces Pacific. “Historically, the Marine Corps has played an essential role in our nation’s ability to deter adversaries and defend, as well as strengthen the capabilities of our partners and allies within the region. We are as committed as ever in maintaining that role and responsibility.” The project will prepare a site of approximately 400 acres within the current NCTS boundary for future vertical construction projects for operational, administrative and bachelor housing structures that will comprise the new Marine Corps Base. The contract includes utilities, roads and other infrastructure in anticipation of follow-on construction projects

starting in fiscal year 2020. The scope also includes clearing the site of unexploded ordnance and munitions of explosive concern. The construction will be executed employing green waste and storm water management, mitigation of historic properties, and conservation measures for threatened and endangered species. "This project exemplifies our commitment to both environmental stewardship and the defense of our nation," said NAVFAC Pacific Commander Rear Adm. John Korka. "Our goal in designing and building this project is to balance the commitment to the environment with the mission to relocate Marines to Guam." This contract was competitively procured via the Federal Business Opportunities website with seven proposals received.

NAVFAC Pacific Awards $30 Million Architect-Engineering Contract JOINT BASE PEARL HARBOR HICKAM - Naval Facilities Engineering Command (NAVFAC) Pacific awarded today an indefinite-delivery indefinite-quantity contract with a maximum amount of $30 million to Jacobs Government Services Co., of Fort Worth, Texas for architect-engineering services at various Navy, Marine Corps and

other government facilities in the Pacific, including Hawaii and Guam.

various locations in areas under the cognizance of NAVFAC Pacific.

The work to be performed includes design and engineering services, specification writing, cost estimating, functional analysis and concept development, request for proposal documentation, and other related services at

The term of this contract is not to exceed 60 months, with an expected completion date of August 2022. The contract was competitively procured via the Navy Electronic Commerce Online website with eight proposals received.

NAVFAC Pacific Awards Construction Contract for Marine Corps on Guam JOINT BASE PEARL HARBOR HICKAM - Naval Facilities Engineering Command (NAVFAC) Pacific awarded today a $78 million firm-fixed-price contract to Black Construction Corp. of Harmon, Guam, for the design and construction of a live-fire training range complex at Northwest Field, Andersen, Guam. This project directly supports the plan to relocate Marines to Guam which has been 12 years in the making. This is the second contract awarded since the Department of the Navy (DoN) completed final regulatory requirements this past July.

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“Following extensive work to meet the Department of Defense (DoD) mission, while focusing on responsible use of natural resources and protection of cultural resources, the Marine Corps is pleased to see this contract awarded,” said Col. Brent Bien, Officer in Charge, Marine Corps Activity Guam. “We are committed to Guam, and our forward presence here will play an essential role in strengthening the military’s ability to maintain regional security and protect the nation’s interests in the Pacific.” This project will provide training facilities and live fire ranges. The work to be performed provides for the design and construction of a complex of four live-fire www.guamcontractors.org

training ranges and supporting structures. The supporting structures include a range maintenance building, administration building, area distribution node with radio frequency communication tower, two surface radar/camera sites, and a new entry gate facility into the complex. This project also provides for the rehabilitation and widening of Route 3A from Potts Junction to the Entry Control Point of the range complex. Work will be performed on Yigo, Guam and is expected to be completed by November 2020. This contract was competitively procured via the Navy Electronic Commerce Online website, with 11 proposals received.

SEPTEMBER2017 | 33



NAVFAC Pacific Awards Contract in Support of the Department of the Navy’s Environmental Restoration Program JOINT BASE PEARL HARBOR HICKAM - Naval Facilities Engineering Command (NAVFAC) Pacific awarded today a cost-plus-award-fee, indefinite-delivery, indefinite-quantity architect-engineering contract with a maximum amount of $95 million to AECOM Technical Services, Inc. of Los Angeles, Calif. for multi-discipline architect-engineer services in support of the Department of Navy’s (DoN) Environmental Restoration Program within the Pacific area of responsibility (AOR). “The Environmental Restoration Program is a DoN initiative to identify, investigate and clean up former waste disposal sites on military property,” said NAVFAC Pacific Environmental Business Line Manager Karen Sumida. “The Program’s objectives are to reduce the risk to human health and

the environment from past waste disposal operations and hazardous material spills in a sustainable, innovative, and cost effective manner.” The work to be performed provides for evaluating existing site information; preparing project planning document; performing field investigations; analyzing environmental samples; validating and evaluating analytical data; performing human health and ecological risk assessments; participating in meetings with the Navy, natural resource trustees and regulators; providing community relations support; preparing remedial designs; performing construction oversight; and preparing project reports.

and other government facilities within the NAVFAC Pacific AOR including, but not limited to Hawaii, Guam and other Department of Defense locations within the Pacific AOR. The term of this contract is not to exceed 60 months, with an expected completion date of August 2022. The contract was competitively procured via the Navy Electronic Commerce Online website with two proposals received.

All work on this contract will be performed at various Navy and Marine Corps facilities

small biz notes •

Tikigaq Construction LLC was awarded about $12,841,000 for the construction of a reinforced concrete Dispersed Maintenance Spares and SE Storage Facility at Andersen Air Force Base, Guam.

Keum Yang Corporation was awarded about $3,144,638 to repair taxiway electrical and lighting systems at Andersen Air Force Base, Guam.

Tikigaq Construction LLC was awarded about $1,680,619 to replace existing standby generators in multiple buildings on Andersen Air Force Base, Guam.

Fargo Pacific, Inc. was awarded about $ 1,230,000 to repair Pre-Aeration Tank No. 1 at Naval Base Guam.

Fargo Pacific, Inc. was awarded about $1,168,000 to replace hot water heat pump systems and all associated equipment at multiple facilities on Andersen Air Force Base, Guam.

Techni-con Inc was awarded about $824,800 for building renovations on NCTS, Guam.

About $99.7M was awarded to Small Business (SB) concerns on Guam for a wide variety of products and services through 31Aug2017. Breakdown of awards include: -

$86.8M - Small Disadvantaged Businesses (SDB) $58.3M - HUBZone Small Businesses (HZ) $7.2M - Women-Owned Small Businesses (WOSB) $7.1M - Service-Disabled Veteran-Owned Small Businesses (SDVOSB)

The figures above do not add up to the overall Small Business total ($99.7M) as some small business concerns may fit multiple categories. For example, a SDB may also be HZ and SDVOSB. Source: Federal Procurement Data System Next-Generation (FPDS-NG).

34 | SEPTEMBER2017


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did you know? If you are a subcontractor, supplier, or service provider on a construction project, you do not have to pay Gross Receipts Taxes (GRTs) on the revenues you earn. Public Law 30-230 was enacted in December 2010 to simplify the process of assessing/collecting Business Privilege Taxes (aka GRTs). The intent of the law was to remove the responsibility of paying GRTs from suppliers, service providers and other subcontractors and place it entirely on the Prime Contractor. Unfortunately, ambiguity and differing interpretations of the law led to a lot of confusion and instances of double taxation wherein prime contractors paid GRTs on a construction project as well as some of their vendors/subcontractors. Public Law 33-194 was enacted in December 2016 to avoid the double taxation issue and clarify the process. The Legislature found that the requirement for contractor's license numbers to claim an exemption was “problematic because some prime contractors may only need a business license for the purpose of its business on Guam, thereby creating a class of double taxation not intended by Public Law 30-230.” The intent was so “Contractors may include the Guam business license number on their BPT return and avert unintended double taxation.” A Prime Contractor “shall include every person engaging in the business of contracting to erect, construct, repair or improve any installation of any kind or description, or to provide under contract any service or material for the erection, construction, repair or improvement of any installation, or to provide under contract, labor to another for any purpose or use whatsoever, including any other services or products that the project may require. A subcontractor “shall include every person engaging in the business of providing labor, products, or services to a Primary Contractor for a specific project." Bottom Line: Suppliers, service providers, and other subcontractors on construction projects are exempt from paying GRTs on revenues earned. If you have questions or would like to know more, please let our Small Business Committee know: Lysander “Al” Starr, Chair - islaroofing@guam.net Gerardine “Geri” Mendiola, Co-chair - gmendiola@guamptac.com Jane Ray, Co-chair - jane@pacificsbdc.com

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SEPTEMBER2017 | 35

36 | SEPTEMBER2017



1 1



Bakery Mechanic

HVAC Technician

Heavy Equipment Mechanic

Market Research Analyst



Ultrasound Tech

Wedding Service Attendant


www.guamcontractors.org TOTAL Construction H-2B Workers

Total OTHER Construction

Other Construction Occupations

Employers Workplace Monthly Report Statistics

Total Non-Construction H2-B Workers



Specialty Cook




Other Non-Construction Occupations

GUAM DEPARTMENT OF LABOR Alien Labor Processing Certification Division




Total Common Const.

101 0 2 2 0 0 0 0 0 0 105

105 Grand Total H-2B Workers











Total U.S. Workers

Grand Total H2B Workers

US Workers vs. H-2B


Total U.S. Workers


9 16

Total H-2B Employers

7 Non-Construction


Employers By Industry

Philippines Korea Japan Kiribati United Kingdom Australia Italy Peru Thailand Other Total by Nationality

Workers by Nationality

0 0

Camp Cook


Heavy Equip. Operator Electrician







Sheetmetal Worker


Structural Steelworker

Reinforcing Metalworker


Cement Mason

Common Construction Occupations


Korea Thailand 0.00% 0.00%







0.00% 0.00%

Other 0.00%

Peru 0.00%

Prepared By: Sherine Espinosa Contact information: Greg Massey, ALPCD Administrator P.O. Box 9970 Tamuning, Guam 96931 (671)475-8005/8003

Camp Cook

Heavy Equip. Operator Electrician

Sheetmetal Worker

Reinforcing Metalworker Structural Steelworker Plumber


Cement Mason






United Kingdom





United Kingdom 0.00%

Kiribati 1.90%


Common Construction Occupations

Philippines 96.19%

Japan 1.90%

Australia 0.00%

Italy 0.00%

H-2B Population by Nationality


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