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12.0211 Bidding procedures.

Cite as [A.S.C.A. § 12.0211]

(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 this chapter and the rules.

(b) An invitation for bids must be issued and must include a purchase description, and all contractual terms and conditions applicable to the procurement.

(c) Reasonable public notice of the invitation for bid must be given for procurements under the rules. The notice must be published in a newspaper of general circulation in American Samoa where the contract value is estimated to exceed $100,000. Other means of notice must be specified by the rules.

(d) Bids must be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids. The amount of the bid, and other relevant information as is specified by the rules together with the names of all bidders must be recorded and the record of each bid must be open to public inspection by interested persons.

(e) Bids must be unconditionally accepted without alteration or correction except as is otherwise authorized by law or rule. All bids must be evaluated based upon the requirements set forth in the invitation for bids, which may include criteria as is necessary to reasonably permit a determination as to the acceptability of the bid for the particular purpose intended.

(f) Correction or withdrawal of inadvertently erroneous bids, before or after award, or cancellation of awards or contracts based on bid mistakes, is permitted in accordance with the procurement rules. After bid opening no changes in bid prices or other provisions of bids prejudicial to the interest of the government or fair competition are permitted. Except as permitted by rule, all decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, must be supported by written determination made by the Chief Procurement Officer.

(g) The contract must be awarded with reasonable promptness by written notice to the lowest responsive, responsible, and reasonable bidder whose bid meets the requirements of this chapter and the rules.

(h) In the event all bids exceed available funds as certified by the appropriate fiscal officer, and the bid of the lowest responsive, responsible, and reasonable bidder does not exceed those funds by more than 5 percent, and time or economic considerations preclude resolicitation of work of a reduced scope, the Chief Procurement Officer is authorized to negotiate an adjustment of the bid price, including changes in bid requirements, with the lowest responsive, responsible, and reasonable bidder in order to bring the bid within the amount of available funds.

History: 1983, PL 18-10 § 12.

Case Notes:

Administrative rule allowing rejection of bids on account of ambiguities in the solicitation, if construed to allow rejection of a bid which was clearly the low one on account of an ambiguity in the solicitation that had been cured by the bids themselves, would violate competitive bidding statute prohibiting changes prejudicial to fair competition. A.S.A.C. § 10.0232; A.S.C.A. § 12.0211. Pago Petroleum Products, Inc., v. American Samoa Power Authority, 10 A.S.R.2d 75 (1989).

Clause in bid solicitation by government agency reserving the agency's right to reject all offers, if construed to allow such rejection for no reason at all or just because the government might get a better price if bidders are allowed to rebid after looking at their competitors' bids, would violate competitive bidding statute prohibiting changes prejudicial to fair competition. A.S.C.A. § 12.0211. Pago Petroleum Products, Inc., v. American Samoa Power Authority, 10 A.S.R.2d 75 (1989).