American Samoa Administrative Code

A. Public notice shall be made in accordance with paragraph 4.02(d) (3). B. Proposal times shall conform to the requirements in paragraph 4.02(d)(4). C. A list of prospective offerors shall be prepared in accordance with requirements of paragraph 4.02(d)(5). D. Proposals shall be…

A. Conditions for use. Contracts may be awarded without competition when the LBJ Chief Procurement Officer determines in writing that award of a contract is unfeasible under small purchase, competitive sealed bidding, or competitive negotiation procedures and that there is only o…

A. Conditions for use. Not withstanding any other provision of this chapter, the CEO of LBJ Tropical Medical Center may make or authorize emergency procurement when there exists a threat to public health, welfare, or safety under emergency conditions as defined under section 26.0…

A. The Medical Supply Officer is authorized to negotiate for the best price on a sole source basis for the following reasons: emergency need, physician preference, reliability of service, and distribution system conductive to the freight delivery system. B. The Medical Supply Off…

An invitation for bids or requests for proposals may be canceled, and any or all bids or proposals may be rejected, when such action is determined in writing by the LBJ Chief Procurement Officer to be in the best interest of LBJ based on based on: A. Inadequate or ambiguous speci…

A. Responsibility factors. To be determined responsible, a prospective contract must: 1. have adequate financial resources to perform the contract, or the ability to obtain them; 2. be able to comply with the required delivery or performance schedule; 3. have a satisfactory perfo…

Prospective suppliers of goods or services may be qualified for particular types of construction, goods, and services when determined necessary by the LBJ Chief Procurement Officer. Opportunity for qualification before solicitation shall be notified to suppliers. History: Rule 8,…

A. Use of cost-plus-a-percentage-of-cost and percentage of construction cost methods of contracting are prohibited. B. Normally, a firm-fixed-price contract shall be used unless use of cost reimbursement contract is justified under subsection (c) below. C. A cost reimbursement co…

Every contract modification, change order, or contract price adjustment under a construction contract shall be subject to prior written certification by the LBJ’s responsible officer or other official responsible for monitoring and reporting upon the status of the costs of the to…

A. Applicability. Architect-engineer services shall be procured as provided in this section except as authorized by subsections 4.02 c (small purchases), 4.02(e)(2) (non-competitive negotiation) or subsection (4.02) (f) (emergency procurement). B. Policy. It is the policy to publ…

The following clauses shall be included in all contracts as prescribed: A. For contracts in excess of $10,000, “Termination for Convenience” (Appendix A). B. For contracts in excess of $10,000, “Termination for Default” (Appendix B2). C. For contracts in excess of $10,000, “Equal…

The LBJ Chief Procurement Officer may promulgate additional contract provisions as are required for contracts for goods and services. The LBJ Chief Procurement Officer may require bid bonds and performance and payment bonds on contracts other than construction contracts upon a wr…

It shall be the policy of LBJ to use its procurement rules to promote local business investment, activity, and competitiveness with other non-local business by decreasing cash outflow and assisting to overcome the limitations of size, isolation from the mainstream of commercial a…

As used in this article, the following definitions apply: A. “Local bidder” for procurement of goods and services means an individual, sole proprietorship, partnership, joint venture, corporation, other unincorporated association, or private legal entity which has a valid America…

A. For construction procurement where the contract value is estimated by LBJ at $50,000 or less, the procurement shall be set aside and restricted to local bidders only. Bids received from off-island bidders will be rejected. B. For all construction procurement where the contract…

The LBJ Chief Procurement Officer and other officials delegated authority to award and administer LBJ contracts shall be responsible for monitoring contract performance in accordance with the terms, conditions and specifications of the contract. History: Rule 8, eff. March 3, 199…

For each contract awarded, an official contract file shall be established and contain the following information: Purchase requisition; Public Notice; Bid or offeror’s mailing list; Invitation for bids or request for proposals; Bid abstract or record, Determination of non-responsi…

A. Definition. “Dispute” means any disagreement between contractors or potential contractors and LBJ regarding an LBJ official’s decisions on mistakes-in-bidding, source selection, contract interpretation, or termination for convenience or default. B. Requirements. All such dispu…

Public employment is a public trust. In governmental contracting, public employees shall discharge their duties impartially so as to assure fair competitive access to governmental procurement by responsible contractors and conduct themselves in a manner as to foster public confid…

As used in this article, the following definitions shall apply: A. “Confidential information” means any information which is available to an employee as a result of the employee’s status as an employee of LBJ, and is not a matter of public knowledge or available to the public on …

A. Ethical Standards for Employees. Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the employee’s duties is a breach of a public trust. In order to fulfill this ethical standards, employees must meet the require…

A. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connect…

A. It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a LBJ contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona …

A. Present employees. It shall be a breach of ethical standards for any employee who is participating directly or indirectly in the procurement process to become or be, while such an employee, the employee of any person contracting with a LBJ body by whom the employee is employed…

It shall be a breach of ethical standards for any employee, within twelve months after cessation of the former employee’s official responsibility, knowingly act as a principal, or as an agent for anyone other than LBJ, in connection with any: 1. judicial or other proceeding, appl…

It shall be a breach of ethical standards for a business in which an employee has a financial interest knowingly to act as a principal, or as an agent for anyone other than LBJ, in connection with any: 1. judicial or other proceeding, application, request for a ruling, or other d…

It shall be a breach of ethical standards for any former employee to engage in selling or attempting to sell supplies, services, or construction to LBJ for six months following the date employment ceased. The term “sell” as used herein means signing a bid, proposal, or contract; …

A. Collusion or secret agreement between bidders or offerors for the purpose of securing an advantage to the bidders or offerors against the authorizing agent in the awarding of contracts is prohibited. The authorizing agent may declare the contract void if he finds sufficient ev…

A. Only valid purchase orders and contracts awarded pursuant to this chapter constitute legal and binding documents between LBJ and its contractors. LBJ shall not make payment to a contractor who delivered goods or services as a result of receipt and acceptance of a purchase requ…

A. An employee who violates a provision of this chapter or the rules is subject to adverse action, including but not limited to reprimand, suspension without pay, or termination of employment, in addition to other penalties prescribed by law. B. A person other than an employee wh…

The ASG desires that the business of generation, transmission, and distribution and sale of electric power within the territory of American Samoa be conducted in accordance with sound business and utility practices, that the rates and charges for that service be just reasonable a…

The executive order embodied in Rule 12-81 and codified in this chapter is issued under the authority of Section 6 of Article IV of the Revised Constitution of American Samoa and 4.0303(a) A.S.C.A. History: Rule 12-81 (Ex. Ord. 4-1981), eff 20 Aug 81, § 2.

There is established a governmental agency within the executive branch of the ASG known as the American Samoa power authority. History: Rule 12-81 (Ex. Ord. 4-1981). eff 20 Aug 81, § 3.

The American Samoa power authority: (1) may make contracts, as authorized in this chapter; (2) may adopt, amend, and repeal bylaws; (3) may purchase or lease and hold personal property it considers necessary or convenient in the transaction of its business, and may dispose of per…

(a) The authority is governed by a board of 5 directors appointed by the Governor. At least 2 of the directors shall be experienced in the management of electric utilities, at least 1 shall have a financial background, and at least 1 shall have a legal background. No fewer than 2…

All powers vested in the authority are exercised by the board of directors. In carrying out this function, the board shall also: (1) elect at its first meeting a vice chairman, who shall preside at all meetings in the absence of the chairman, and other officers as it deems desira…

All officers and employees of the authority other than the executive director, business and finance manager, operations manager, and plant managers are appointed and compensated in accordance with the requirements of the government employee laws of the ASG, 7.0101 A.S.C.A., et se…

(a) At a date fixed by the board of directors, the ASG shall transfer to the authority the right to operate all items of property, including construction in progress, equi6rnent and machinery used in connection with the then existing electric utility operation of the government. …

The authority shall assume responsibility for thc accounting and financial management of the electric utility, and shall administer or contract with the government for the administration of all accounting systems, including general ledger, fixed assets, accounts receivable, accou…

(a) The authority shall employ a firm of independent certified public accountants with electric utility experience to examine and report upon the, status of financial records and accounts, and may renew that employment annually. Copies of those reports shall be furnished to the G…

All rates, charges, and classifications of the authority in effect during the transfer of property and facilities, and management thereof, to its control and jurisdiction arc considered to properly adopted and continue in effect until duly changed. History: Rule 12-81 (Ex. Ord. 4…

(a) Electric power is generated and distributed by the electric utility division of the department of public works of the government of American Samoa. This division is operated on a public utility basis. For convenience, the electric utility division is referred to in this chapt…

(a) Payment shall be due on the date shown on the bill and shall be delinquent if not paid within 10 days after that date. The due date for each account shall be established to fall on a regular date, and failure to receive a bill shall not excuse a late Payment. (b) Rates as lis…

(a) If the bill becomes delinquent, the service may be disconnected with notice provided by law. (b) if a field call is made by utility personnel because of nonpayment of a utility bill, a charge of $20 shall be made for a call during normal working hours. If the call is after no…

All final connections, permanent or temporary, between thc utility’s lines and the customer’s wiring will bc made by the utility, and it will not permit or tolerate unauthorized connections. History: Rule 4-80, eff 1 Apr 80, Final Connections.

(a) Tampering with the meter or with conductors carrying unmetered current, and the unauthorized breaking of utility’s seals, is prohibited and will not be tolerated. (b) Where electricity has been diverted by breaking the utility’s meter seals or by bypassing thc meter or by any…

When the utility connects a customer’s installation to its supply line, arrangements are made for meters, transformers, and other equipment to supply the installation as it is at that time. It is very essential that the customer give notice to the utility of any material addition…

(a) Thc utility will endeavor to furnish continuous service but does not guarantee uninterrupted service and is not liable for any damage which the customer may sustain by reason of the failure or partial failure of the power, or failure or reversal of phases, or variation in ser…

Delivery of single-phase power to a 3-phase motor is possible at any time on any system. Most of the load on the utility’s system is single-phase; therefore the system is protected by single-phase reclosers. To properly protect 3-phase motors from overload, motor starters that ha…

The customer shall not resell any of the electric energy received by him from the utility. History: Rule 4-80. eff 1 Apr 80, Resale of Electric Energy.