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:

(1) Has a valid American Samoa business license and, if required, a foreign corporation permit to transact business in American Samoa, and

(2) Has its principal place of business in American Samoa; and

(3) Has owned, operated, or maintained an office, store, warehouse, or other facility in American Samoafor at least six months.

(4) Has, or has the ability to obtain, necessary technical support services, as may be required, for timely installation, maintenance, warranty, and repair of the goods to be furnished in the bid.

(b) “Local bidder” for procurement of construction means a sole proprietorship which is wholly owned by an American Samoan or a permanent resident as defined in 41.0502 ASCA, 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 has submitted a bid in response to an Request for Proposals for construction.

(c) “Off-Island bidder” means a person submitting a bid in response to a Request for Proposals who does not qualify as a “local bidder” as defined in (a) and (b) above.

History: Rule 5-84, eff 11 Jul 84, (part).