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 demolishing of a public structure or building, or public improvements commonly known as “capital improvements”. It does not include the routine maintenance of existing structures, buildings, or public real property.

(3) “Contract” means all types of agreements, regardless of what they may be called, for procurement.

(4) “Contractor” means a person having a contract with an authorizing agency.

(5) “Employee” means an individual receiving a salary from the government, including elective officials and non-salaried individuals performing personal services for the government.

(6) “Goods” means all tangible and intangible personal property, of any kind or nature, including but not limited to equipment, materials, supplies, printing, and insurance.

(7) “Government” means the American Samoa Government, which includes the executive, legislative, and judicial branches.

(8) “Governor” means the Governor of American Samoa.

(9) “Invitation for bids” means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

(10) “Local bidder” means:

(A) for purposes of procurement of construction, a sole proprietorship which is wholly owned by an American Samoan or a permanent resident as defined in 41.0202 A.S.C.A., or a partnership, joint venture, or other unincorporated association which is wholly owned by those persons, or a corporation which is majority owned by those persons and which is submitting a bid to an invitation for bids;

(B) for purposes of procurement of goods or services, a person that has a valid business license and a foreign corporation permit to transact business, if required, under the laws of American Samoa and a fixed or principal place of business in American Samoa, and that is submitting a bid to an invitation for bids.

(11) “Off-island bidder” means a person submitting a bid in response to an invitation for bids who does not qualify as a local bidder.

(12) “Person” means an individual, sole proprietorship, partnership, joint venture, corporation, other unincorporated association, or a private legal entity.

(13) “Procurement” means buying, purchasing, renting, leasing or acquiring construction, goods, or services. It also includes all functions that pertain to the obtaining of construction, goods or services, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration.

(14) “Rules” means rules which have been adopted under authority of this chapter in accordance with the provisions of the Administrative Procedure Act, 4.1001 et seq.

(15) “Reasonable”, in reference to a bidder, means a person whose bid is equitable, fair, and suitable, and is not excessive or inappropriate in any material respect.

(16) “Responsible”, in reference to a bidder, means a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.

(17) “Responsive”, in reference to a bidder, means a person who has submitted a bid which conforms in all material respects to the invitation for bids.

(18) “Services” means the furnishing of time, labor, or effort by a person other than an employee, and not involving the delivery of a specific end product other than reports, plans, and incidental documents.

History: 1983, PL 18-10 § 3;amd 1986, PL 19-49 § 1; 1986, PL 19-58 § 1.

Amendments: 1986 Subsection (6): amended generally. Subsection (10)(A): changes reference “41.0502 A.S.C.A.” to ‘41.0202 A.S.C.A.”

Reviser’s Comment: Subsection (6) has been amended according to PL 19-49 although this amendment was not reflected in PL 19-58.