Office of the Insurance Commissioner
Office of the Governor
Lumana'i Dvelopment Building, First Floor, Tafuna
Pago Pago, AS 96799
The American Samoa Office of the Insurance Commissioner exists to regulate and oversee the insurance industry within American Samoa in order to protect policyholders, maintain a fair and stable insurance market, and ensure that insurers operating in the territory remain financially sound and comply with applicable laws and regulations, including those contained in American Samoa Code Annotated Title 29 Chapter 2 (Insurance Commissioner). The office reviews and licenses insurers, agents, and brokers; monitors insurer solvency and market conduct; approves or reviews policy forms and rates where required; enforces insurance statutes and administrative rules; and investigates complaints or violations to ensure that residents, businesses, and government entities receive reliable and lawful insurance coverage.
Performance bonding for government construction and infrastructure projects in American Samoa protects the government and taxpayers by ensuring that contractors fulfill their contractual obligations. Under the procurement regulations of the American Samoa Government, construction contracts obtained through competitive sealed bidding must include bid security when performance and payment bonds are required, and bids lacking the required security may be rejected. In addition, American Samoa Administrative Code §10.0250 requires that construction contracts exceeding $100,000 be supported by both performance and payment bonds, typically issued by a qualified surety in amounts sufficient to protect the government’s interest as determined by the Chief Procurement Officer. These bonds ensure that if a contractor defaults, the surety will finance completion of the project or compensate the government for resulting losses.
For projects funded with U.S. federal funds, bonding requirements are governed by 2 CFR §200.325 and 2 CFR §200.326 under the Uniform Administrative Requirements for Federal Awards. For construction or facility improvement contracts exceeding the simplified acquisition threshold, recipients must follow their own bonding policies if they adequately protect the federal interest. If no such policies exist, the regulations require minimum protections including a bid guarantee of at least 5% of the bid price, a performance bond equal to 100% of the contract price, and a payment bond equal to 100% of the contract price. These bonds ensure that if a contractor defaults, the surety will finance completion of the project or compensate the project owner for resulting losses.
