American Samoa Administrative Code

Once travel is approved by the Chief Executive Officer, the Human Resources Manager will seek the most economical air fare using internet resources as well as those offered by the local travel agents. History: Rule 06-98, eff. Mar. 3, 1999

As soon as the air fare cost is determined and a local travel agent is selected, a Purchase Order shall be issued for the lowest fare quoted. Advance Per Diem Allowance should be based on the most recent table available in the American Samoa Government Travel Manual. Modest advan…

Travel for the Chief Executive Officer and Board Members are processed on LBJ-ASMCA Form TA-01. Upon formal travel approval through Board action, the cost of Air Fare, Per Diem, and other related expenses are to be advanced to the traveler. Air fare is based on unrestricted full …

A trip report at the following Board Meeting upon the return of the traveler is mandatory. History: Rule 06-98, eff. Mar. 3, 1999

A. LBJ promulgates this Program in order to protect the environment, to protect its Employees, and to maintain public health and safety. This Program establishes policies, criteria, and procedures that help to maintain a workplace free from the improper use of alcohol and illegal…

This policy applies to all Employees of LBJ, and applicants for employment with LBJ. History: Rule 07-98, eff. Feb. 9, 1999.

For the purposes of this Program, the following definitions apply: A. Act means the provisions of the Drug-Free Workplace Act of 1988 (41 U.S.C. 701 et. seq.) B. Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or other low molecular, weight alcohol’s inclu…

The following are prohibited actions for Employees and shall be grounds for termination: A. Alcohol: 1. To report for or remain on duty with a breath alcohol concentration (BAC) of 0.02 or greater; BAC of 0.04 or greater requires “return to duty test” pursuant to §2.2.6 herein an…

A. To use any of the following illegal drugs or classes of drugs: marijuana; cocaine; opiates; phencyclidine; amphetamines and/or controlled substances listed in A.S.C.A. §13.10 et. seq., except as prescribed by a physician, and then only if the physician has advised the Employee…

An applicant for a Testing-Designated Position will be tested for the use of alcohol and illegal drugs before final selection for employment or assignment to such a position. Applicants with a history of illegal drug use, or who refuse to submit to a drug test, or tests positive,…

Drug and alcohol tests are required as soon as possible following an Occurrence. The alcohol test must be conducted within 8 hours of the Occurrence. The drug test must be conducted within 24 hours of the Occurrence. NOTE: Nothing in this Program shall be construed to delay neces…

A. Each year at least 25 percent (25%) of the Testing-Designated Positions will tested for alcohol misuse and 50 percent (50%) for drug use. Selection of Employees for these tests will be through a scientifically valid random-position number selection method. These unannounced te…

A. An Employee may be tested for the improper use of alcohol or illegal drugs, if the behavior of such an Employee creates the basis for reasonable suspicion of the improper use of alcohol or illegal drugs. Two or more LBJ supervisory or management officials, at least one of whom…

Employees who are called in to work outside of their regularly-scheduled hours shall inform their LBJ supervisor if they consumed alcohol within the previous four hours, have reason to believe that their alcohol concentration level would be 0.02 BAC or greater, or would otherwise…

Whenever an Employee is referred to a Substance Abuse Professional (SAP) to determine the need for assistance in resolving difficulties associated with drugs or alcohol prohibitions, a return to duty test is required. Only the SAP may require the Employee to take both alcohol and…

Any Employee who the SAP determines as needing additional assistance in maintaining their resolve after an Employee obtains a negative return to duty test result and is performing a Testing-Designated Position is subject to unannounced follow-up tests. The SAP may require both dr…

A. All drugs and alcohol tests and procedures will be conducted in compliance with regulation 49 CFR §40 et. seq. B. Leave shall not be granted after an Employee has been informed that he/she is required to submit to testing. History: Rule 07-98, eff. Feb. 9, 1999.

Employees with negative test results will not be contacted. A Medical Review Officer (MRO) will contact Employees who test positive from improper alcohol or drug use. The Employees will have an opportunity to explain to the MRO that the results where not due to the improper use o…

LBJ may use alcohol saliva swab test methodology or an evidential breath testing device to screen for alcohol misuse. The employer shall not employ blood alcohol testing methodology to screen or confirm Employee BAC; however, blood alcohol test results obtained from law enforceme…

An evidential breath testing (EBT) device approved by the National Highway Traffic Safety Administration will be used to confirm BAC. The testing will be conducted by a Breath Alcohol Technician (BAT) who is certified to operate the EBT device. The BAT will immediately inform the…

Procedures for providing urine specimens must allow Employee privacy, unless there is reason to believe that a particular Employee may alter or substitute the specimen to be provided. LBJ shall utilize a chain of custody procedure for maintaining control and accountability from p…

All test results shall be submitted for medical review by the MRO. The Medical Review Officer will consider the medical history of the Employee or Applicant, as well as any other relevant biomedical information. When there is a confirmed positive test result, the Employee or Appl…

A. When an Applicant for employment has been tested and determined to have improperly used alcohol or an illegal drug, processing for employment will be terminated and the Applicant will be so notified. B. When an Employee is tested and determined to have improperly used alcohol …

Except as provided by law or regulation, neither the Director nor a department shall release information on tests required under this policy. Written test results will be provided to Employees who tests positive for either or both drugs or alcohol tests. History: Rule 07-98, eff.…

The policies codified in this chapter shall be known and cited as the LBJ Tropical Medical Center Procurement Policy. History: Rule 8, eff. March 3, 1999.

The rules in this policy are promulgated pursuant to the authority granted under Title 13 ASCA and Public Law 25-20. History: Rule 8, eff. March 3, 1999.

The purpose of this policy is to prescribe uniform rules necessary to fully implement Title 13 ASCA and Public Law 25-20. History: Rule 8, eff. March 3, 1999.

As used in this policy, the words or acronyms in this section shall have the following meanings unless the context otherwise requires. A. “LBJ” means the LBJ Tropical Medical Center. B. “Title 13 ASCA” and “Public Law 25-20” means the revised Title 13 ASCA, Sections 13.0101 to 13…

A. Except as otherwise specified by law this policy applies to all expenditures of public funds including federal assistance, moneys and enterprise funds under any contract. This policy also applies to the disposal of goods and properties. B. This policy does not apply to either …

Except as otherwise provided by law or executive order, all rights, duties and authority related to the procurement of construction, goods and services, and the management, control, warehousing, sale, and disposal of construction, goods and services, now vested in, or exercised b…

A. Location. The LBJ Chief Procurement Officer shall be the Chief Financial Officer. The LBJ Procurement Office shall perform the functions of procurement, contracting and policy development and review. B. Appointment and Qualifications. The LBJ Board of Directors shall appoint t…

Delegation of Authority. The LBJ Chief Procurement Officer may delegate authority to execute and administer contracts to a procurement officer or other LBJ official who is responsible for administering procurement on behalf of LBJ under the provisions of this policy. The LBJ Proc…

Under procedures adopted by the CPO, and except when a special evaluation or selection group is appointed, the CIP or Equipment Committee and Board of Directors, shall review and approve the procurement of all construction, goods, and services which exceed $25,000 prior to execut…

A. The Attorney General, or such officer as the Attorney General may designate, shall serve as legal counsel and provide legal services to the LBJ Chief Procurement Officer. B. The Attorney General shall approve all LBJ contracts exceeding $10,000 as to legal sufficiency prior to…

A. The LBJ Chief Procurement Officer shall, or cause to develop, issue and maintain procedures governing the preparation and initiation of requisitions for the purchase of construction, goods, and services by LBJ Tropical Medical Center. History: Rule 8, eff. March 3, 1999.

A. The Chief Financial Officer shall certify as to the availability of funding for all requisitions involving the expenditure of public funds, irrespective of source. B. It shall be the policy of LBJ to identify in advance, to the extent feasible, planned purchases and procuremen…

As used in this article, the following definitions shall apply: A. “Bidding time” means the time between the issuance of solicitation and opening of bids or the due date for proposals. B. “Cost-reimbursement contract” means a contract under which a contractor is reimbursed for co…

A. It is the policy of LBJ Tropical Medical Center to conduct all purchases and procurement actions in a manner that provides maximum open free competition. B. Unless otherwise specified by law, all LBJ contracts shall be executed by competitive sealed bidding, in accordance with…

Any procurement not exceeding $10,000, including purchases made using imprest funds shall be made using simplified small purchase procedures promulgated by the Chief Procurement Officer. Procurement requirements may not be artificially divided so as to constitute a small purchase…

Contracts shall be awarded by competitive sealed bidding, except as provided in Subsection 4.02 (b), provided that the following conditions are present: 1. A clear, complete, accurate and realistic purchase description or specification for the good or service to be procured is av…

A. An invitation for bids shall be issued and shall include: 1. Invitation for bids number. 2. Date of issuance. 3. Name, address, and location of issuing office, including room and building where bids must be submitted. 4. Date, hour, and place of bid opening. 5. A purchase desc…

A. A bid may be rejected for any of the following: 1. Failure to conform to essential requirements of the invitation for bids, such as specifications or time of delivery. 2. Imposition of conditions or restrictions in the bid which modify requirements of the invitation, or limit …

A. Correction or withdrawal of inadvertently erroneous bids, before or after award, or cancellation of awards or contracts based on such bid mistakes must be supported by a written determination made by the Chief Procurement Officer and approved by the Attorney General or designe…

Withdrawal of a bid shall only be permitted where the otherwise low bidder alleges a mistake and there is clear and convincing evidence as to the existence of a mistake but not as to the bid intended. History: Rule 8, eff. March 3, 1999.

Cancellation of awards or contracts shall only be permitted when: 1. evidence of the existence of bid mistakes is not discovered until after the award. 2. there exists no clear and convincing evidence to support the bid intended; and 3. performance of the contract at the award pr…

A. A contract shall be awarded with reasonable promptness by written notice to the lowest reasonable, responsive, responsible bidder whose bid fully meets the requirements of the invitation for bids and the rules set forth in this Chapter. Unsuccessful bidders shall be promptly n…

A. Contracts may be awarded by competitive negotiation when the LBJ Chief Procurement Officer determines in writing that the use of competitive sealed bidding under subsection 4.02(d) is not practicable because of the nature of the goods or services to be procured. B. A request f…