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10.0204 Definitions.

Cite as [A.S.A.C. § 10.0204]

As used in this chapter, the words in this section shall have the following meanings unless the context otherwise requires:

(a) “Chief procurement officer” means the head of the central procurement office of the government.

(b) “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.

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

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

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

(f) “Goods” means all property, including but not limited to equipment, materials, supplies, and other tangible personal property of any kind or nature, printing, insurance, leases of real and personal property, and sale or other disposal of real and personal property of any kind or nature.

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

(h) “Governmental body” means any department, office, agency, or other establishment or official of the government.

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

(j) “Grant” means the furnishing by the government of assistance whether financial or otherwise to any person to support a program authorized by law.

(k) “Request for Proposals” means all documents, whether attached or incorporated by reference, utilized for soliciting bids.

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

(m) “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 contracts and all phases of contract administration. It does not include employment contracts with the individuals to be supervised by ASG employees.

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

(o) “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.

(p) “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.

(q) “Responsive," in reference to a bidder, means a person who has submitted a bid which conforms in all material respects to the Request for Proposals.

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