American Samoa Administrative Code

(a) Construction procurements. (1) For construction procurements where the contract value is estimated by the government 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. (2) For al…

The chief procurement officer and other officials’ delegated authority to award and administer government contracts shall be responsible for monitoring contract performance in accordance with the terms, condition and specifications of the contract. History: Rule 5-84, eff 11 Jul …

For each contract awarded, an official contract file shall be established and contain the following information: (a) Purchase requisition. (b) Public notice. (c) Bid or offeror’s mailing list. (d) Request for Proposals or request for proposals. (e) Bid abstract or record. (f) Det…

(a) Definition “Disputes” means any disagreement between contractors or potential contractors and the government regarding a procurement officer’s decision on mistakes-in-bidding, source selection, contract interpretation, or termination for convenience or default. (b) Requiremen…

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 only because of the employee’s status as an employee of this government and is not a matter of public knowledge or available to t…

(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 standard, employees must meet the require…

(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 …

(a) Except as otherwise provided in this section, a violation of a provision of this chapter is punishable as a class B misdemeanor. (b) A person who gives or receives anything of value for the purpose of securing of influencing the award of a contract subject to the provisions o…

(a) The government may terminate performance of work under this contract in whole or, from time to time, in part if the contracting officer determines that a termination is in the government’s interest. The contracting officer shall terminate by delivering to the contractor a not…

If the con tractor re fuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the government may, …

(1) Default. If the contractor refuses or fails to perform any of the provisions of this contract with such diligence as will ensure its completion within the time specified in this contract, or any extension thereof, otherwise fails to timely satisfy the contract provisions, or …

Public health-grant funding agencies, in reviewing applications for federal grants and loans, need to evaluate proposed projects and programs in terms of their consistency with local health goals, objectives, and priorities, and their expected impact on community health needs. Th…

(a) Health services agencies (HSAs) are mandated by PL 93-641, § 1513(e) to perform the review and approval/disapproval function for certain proposed uses of federal health funds when the agencies are fully designated and authorized to do so by the Secretary of Health and Human S…

The purpose of this chapter is to provide and communicate standardized review procedures and criteria for ASHPDA review of health-related grant proposals. The aim is to assure every applicant an objective and fair review and every funding agency a thorough rendering of territoria…

The ASHPDA performs a dual role in the territory: that of planning, and resources development. The American Samoa Plan for Health, developed in cooperation with the American Samoa health coordinating council, is the principal means of expression of the health care needs of the te…

The ASHPDA will review and approve, or disapprove, each proposed use within the territory of federal funds: (1) appropriated under the Public Health Services Act; the Community Mental Health Centers Act, §§ 409 and 410 of the Drug Abuse Office and Treatment Act, or the Comprehens…

(a) The ASHPDA has no authority to review and approve, or disapprove: (1) noncompeting extension grant applications; (2) supplemental grant applications which are for administrative increases in costs; (3) noncompeting continuation grant applications unless one of the following o…

In a parallel manner, § 1524(c) (6) of the Public Health Services Act requires the ASHCC to annually review and approve, or disapprove, any territory program plan and application submitted to HHS as a condition to the receipt of any funds under allotments made to states and terri…

Providers of health services and other persons subject to ASHPDA review under § 1513(e) of the Public Health Services Act are required to submit periodic reports to the ASHPDA respecting the developmentofproposals for review. History: Rule 9-80, eff 18 Jun 80, ASHPDA Pro. and Cri…

(a) Prior to the submission of an application for federal funding, the proposal sponsor should send a letter to the ASHPDA indicating: (1) the nature of the proposal, including the problem or need which the project or program is to meet; (2) the grant program from which funding i…

If a presubmission conference is scheduled, the staff person assigned to the project will prepare copies of pertinent information for the use of the proposal sponsors. This will include copies of the adopted plans, standards, and criteria relating to the proposed project. At this…

Applications for federal funds must be submitted at the times and in the form and manner prescribed by the funding agency. At the time the applicant submits the application to the funding agency, 3 copies will be simultaneously submitted to the ASHPDA. The ASHPDA requires that at…

Applications for noncompeting continuation grants will also be submitted to the ASHPDA simultaneously with submission to the federal funding agency. All such applications will be reviewed by the ASHPDA. However, the ASHPDA shall only have approval/disapproval authority over those…

If an application contains material which the applicant believes to be confidential or proprietary and therefore believes should not become public, (he applicant may submit a summary of this material to the federal funding agency. Upon determination by the federal funding agency …

A proposal for using funds available from a territorial allotment which is subject to ASHPDA review under 11.0105(2) must be submitted to the ASHPDA by the territorial program agency (department of health). These proposed projects must be submitted to the ASHPDA at the same time …

(a) Within 7 days of receipt of an application subject to review under 11.0105 or 11.0106, the ASHPDA will send notification to affected persons of the beginning of the review, including a review schedule and the period during which a public hearing may be requested. Such notific…

Written notification to affected members of the public may be provided through newspapers of general circulation and public information channels. All other affected persons shall be notified by mail. History: Rule 9-80, eff 18 Jun 80, ASHPDA Pro. and Crit. § 2(A) (6).

(a) The ASHPDA will be allowed at least 60 days from the date of notification of the beginning of a review to complete its review of any proposal or application. The ASHPDA will complete its review in 60 days or less unless the appropriate federal funding agency or territorial pr…

The ASHPDA will submit copies of each application under review to the plan implementation committee (PIC) of the ASHCC within 7 days of the beginning of the review. The plan implementation committee will be allowed 14 days from the receipt of the application to submit its comment…

To the extent possible, and whenever appropriate, the ASHPDA will coordinate its review of proposed uses of federal funds with certificate of need reviews. Applicants who anticipate submitting both applications for certificate of need and use of federal funds for the same project…

(a) The ASHPDA will mail, no later than the close of the first business day following the end of the review period, to the applicant and the appropriate federal funding agency or territorial program agency, written notification of its approval or disapproval of the proposed use o…

(a) Applicants and other persons subject to ASHPDA review under these procedures shall be notified, upon request, of the status of the agency review of projects, of findings made in the course of such reviews, and other appropriate information respecting such reviews. (b) At leas…

(a) The ASHPDA shall provide for a public hearing during the course of any agency review if requested by one or more persons directly affected by the review, if such request is made within 14 days of the notification of the beginning of the review. “Persons directly affected” by …

(a) The role of the ASHPDA under § 15 13(e) of the Public Health Services Act is to approve or disapprove a proposal on the basis of its conformance with the plans and the criteria it has developed and adopted. The ASHPDA will not involve itself in evaluation of the technical or …

The criteria adopted by the ASHPDA are: (1) Health Plans Relationship. The relationship of the health services being reviewed to the American Samoa Plan for Health and the ASHPDA annual implementation plan: (2) Long-range Plans. The relationship of services being reviewed to the …

If the ASHPDA, in accordance with the applicable provisions of 42 CFR Part 122, Subpart E, disapproves a proposed use in the territory of federal funds, the HHS Secretary may not make such federal funds available for such use until he has made, upon the request of the entity maki…

To be effective, a request for review of an ASHPDA disapproval of proposed use of federal funds must be: (1) received by the federal funding agency, in such form and manner as may be prescribed by the federal funding agency, not later than 15 days after the provision of notice to…

The Secretary may make such federal funds available for such use, notwithstanding the disapproval of the ASHPDA. In such an event the Secretary will submit to the applicant and the ASHPDA a detailed statement of the reasons for the decision. History: Rule 9-80. eff 18 Jun 80, ASH…

When upon its own initiative the ASHPDA proposes to adopt, amend, or repeal all or any part of the procedures and criteria codified in this chapter a notice of such proposal will be published in at least one territorial newspaper of general circulation stating that new/revised pr…

Interested persons will be allowed 30 days from the date of publication to comment on the proposed review procedures and criteria. History: Rule 9-80, eff 18 Jun 80, ASHPDA Pro, and Crit. § 7(B).

Copies of the proposed procedures and criteria will be distributed: (1) to all entities with which the ASHPDA must coordinate its activities; (2) to units of territorial government related to health matters; (3) to the American Samoa health coordinating council. History: Rule 9-8…

When the period for public comment has expired the ASHPDA will consider any comments received and will formally adopt the proposed procedures and criteria. History: Rule 9-80, eff 18 Jun 80, ASHPDA Pro, and Crit. § 7(D).

Adopted procedures and criteria will be distributed to the entities in 11.0130 and to the Region IX HHS offices. History: Rule 9-80, eff 18 Jun 80, ASHPDA Pro, and Crit. § 7(E).

Appendix A is not a part of this code since the Secretary may, from time to time, add or delete programs from the list. History: Rule 9-80, eff 18 Jun 80, ASHPDA Pro, and Crit. § 7(F).

The rules in this chapter are set forth for the purpose of interpreting and implementing 13.0106(5) and 13.02 A.S.C.A., the principal provisions of which confer responsibility upon the territorial health planning and development agency for making determinations of need for health…

The rules codified in this chapter are promulgated under authority of 13.0204 A.S.C.A. History: Rule 8-79, eff 16 Jul 29, Det. of Need Rules and Proc. § 2.

The rules set out in this chapter shall be known, and may be cited, as “American Samoa Determination of Need Rules and Procedures.” History: Rule 8-79, eff 16 Jul 79, Det. of Need Rules and Proc. § 3.

The rules in this chapter shall govern determinations of need in every instance where, under 13.0102(5) A.S.C.A., the territorial health planning and development agency has jurisdiction to determine the need for any health care facility or any part or service of any such facility…

Under the provisions of 13.0205 A.S.C.A., no person or organization, public or private, in the territory of American Samoa may make a substantial change in any health care facility or the services offered therein unless the agency has determined that there is a need for such subs…