Title 12 — Public Works and Contracts
2 chapters · 26 sections in this title.
A.S.C.A. § 12.0201 Short title
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This chapter is to be known and may be cited as the American Samoa Procurement Act of 1983. History: 1983, PL 18-1 § 2.
A.S.C.A. § 12.0202 Definitions
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As used in this chapter, unless the context otherwise requires, the following meanings apply: (1) “Chief Procurement Officer” means the head of the Central Procurement Office of the Government. (2) “Construction” means the process of building, altering, repairing, improving, or d…
A.S.C.A. § 12.0203 Requirement of good faith
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This chapter requires all parties involved in the negotiation, performance, or administration of government contracts to act in good faith. History: 1983, PL 18-10 § 4.
A.S.C.A. § 12.0204 Application of this chapter
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This chapter applies to every expenditures of public funds irrespective of source, including federal assistance moneys except as otherwise specified by law, acting through a governmental body as defined in this chapter, under any contract, except that this chapter does not apply …
A.S.C.A. § 12.0205 Creation of the Office of the Chief Procurement Officer
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There is created an Office of Procurement, headed by the Chief Procurement Officer. History: 1983, PL 18-10 § 6.
A.S.C.A. § 12.0206 Appointment and qualifications
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The Governor shall appoint and the Legislature shall confirm, a Chief Procurement Officer. The Chief Procurement Officer shall have a total of 5 years experience, 3 of which must have been in public procurement within the previous 6 years next preceding the date of his appointmen…
A.S.C.A. § 12.0207 Tenure and removal
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The Chief Procurement Officer shall be a full-time public official who serves at the Governor’s pleasure. History: 1983, PL 18-10 § 8.
A.S.C.A. § 12.0208 Authority of the Chief Procurement Officer
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(a) The Chief Procurement Officer shall serve as the central procurement official of the government. (b) Consistent with the provisions of this chapter, the Chief Procurement Officer shall adopt operational procedures or rules governing the internal functions of his office. (c) E…
A.S.C.A. § 12.0209 Centralization of procurement authority
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Except as otherwise provided by law or executive order, all rights, powers, duties, and authority relating 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 …
A.S.C.A. § 12.0210 Local preference
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(a) It is the purpose of this section to establish preferences to local bidders in awarding procurement contracts, in order to promote local business development and activity. (b) In awarding contracts for the procurement of construction, bids from off-island bidders may not be a…
A.S.C.A. § 12.0211 Bidding procedures
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(a) The Chief Procurement Officer complies with the bidding procedures set forth in this section and all applicable rules. The Chief Procurement Officer names a procurement officer who is responsible for administering procurement on behalf of an agency under the provisions of thi…
A.S.C.A. § 12.0212 Small or open purchase-Sole source procurement-Negotiation
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(a) A procurement not exceeding the amount established by rule may be made in accordance with small purchase procedures promulgated by the Chief Procurement Officer. Procurement requirements may not be artificially divided so as to constitute a small purchase under this section. …
A.S.C.A. § 12.0213 Emergency procurement
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Notwithstanding any other provision of this chapter, the Governor may make or authorize a governmental agency to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions as defined under 26.0105(d) A.S.C.A. An emergenc…
A.S.C.A. § 12.0214 Rules
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The Chief Procurement Officer shall adopt rules for the government as necessary and appropriate for the implementation of this chapter within 120 days of the effective date of this chapter. The Chief Procurement Officer maintains a separate manual of all rules and amendments to t…
A.S.C.A. § 12.0215 Responsibility of bidders and offerors
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(a) A written determination of nonresponsibility of a bidder or offeror must be made in accordance with rules promulgated by the Chief Procurement Officer. The unreasonable failure of a bidder or offeror to promptly supply information in connection with an inquiry with respect to…
A.S.C.A. § 12.0216 Prequalification of suppliers
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Prospective suppliers may be prequalified for particular types of construction, goods and services. Solicitation mailing lists of potential contractors include but are not limited to prequalified suppliers. History: 1983, PL 18-10 § 17.
A.S.C.A. § 12.0217 Ethical standards in procurement-Collusion
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(a) Public employment is a public trust. In governmental contracting, public employees 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 confiden…
A.S.C.A. § 12.0218 Civil penalties
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(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.S.C.A. § 12.0219 Criminal penalties
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(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 or influencing the award of a contract subject to the provisions o…