Title 12 — Public Works and Contracts

This chapter is to be known and may be cited as the American Samoa Procurement Act of 1983. History: 1983, PL 18-1 § 2.

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…

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.

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 …

There is created an Office of Procurement, headed by the Chief Procurement Officer. History: 1983, PL 18-10 § 6.

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…

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) 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…

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) 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) 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) 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. …

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…

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) 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…

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) 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) 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 or influencing the award of a contract subject to the provisions o…

It is the policy of the government to own and operate housing facilities as are necessary to meet the needs of technicians and specially trained personnel who from time to time may be recruited under contract to the government. This housing shall be known as government housing. T…

Government housing may only be occupied by contract specialists employed by the government who are recruited off-island and employed in accordance with the provisions applicable to contract specialists, and by local hire employees of the government who meet the provisions of sect…

Employees of the government who are lured locally may occupy government housing only if all of the following conditions are met: (a) The Governor determines there exists unoccupied housing units in excess of current and prospective needs of contract specialists; (b) The Governor …

(a) The right of a contract specialist to occupy government housing ceases thirty days after termination of the contract. (b) For all other persons, the right to occupy government housing ceases thirty days after receipt of a notice of termination of the tenancy. (c) Any occupant…

(a) If an occupant of government housing refuses to leave the premises within thirty days as specified in section 12.0504, the Office of the Attorney General may file in the district court a petition for possession of premises and set a hearing date within fourteen days of filing…

To the fullest extent practicable, government housing which is no longer needed for the purposes of 12.0501 shall be declared surplus by the Governor. Upon such declaration, a determination shall also be made by the Governor as to whether the surplus housing can continue to be ma…

Sale of surplus housing shall be at auction to the highest eligible bidder. Eligibility to bid shall be limited to U.S. nationals or citizens who are allowed under law to own real property in American Samoa. Sales shall be for cash, under rules as shall be provided by regulation …