Regulation Of The Minister Of Defence No. 17 By 2013

Original Language Title: Peraturan Menteri Pertahanan Nomor 17 Tahun 2013

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BN 629-2013 fnHeader (); The text is not in the original format.
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REGULATION of the MINISTER of DEFENCE of the REPUBLIC of INDONESIA number 17 by 2013 ABOUT CHANGES to the REGULATION of the MINISTER of DEFENCE No. 17 in 2011 ABOUT the IMPLEMENTATION of the GUIDELINES for PROCUREMENT of goods/services in the ENVIRONMENT of the MINISTRY of DEFENCE and the INDONESIAN ARMED FORCES with the GRACE of GOD ALMIGHTY the DEFENSE MINISTER of the REPUBLIC of INDONESIA, Considering: a. that with the publication of the Regulation Number 70 in 2012 about the second amendment above presidential regulation Number 54 in 2010 about Government procurement of goods/services , need to be implemented changes to the Permenhan number 17 in 2011 about the implementation of the guidelines for procurement of goods/services in an environment of Kemhan and TNI;
b. that based on considerations as referred to in letter a, the need to establish rules of Defense Minister about changes over the regulation of the Minister of Defence No. 17 in 2011 about the implementation of the guidelines for procurement of goods/services in the environment of the Ministry of defence and the national army of Indonesia;
Remember: 1. Act No. 3 of 2002 on State Defense (Gazette of the Republic of Indonesia Year 2002 number 3, an additional Sheet of the Republic of Indonesia Number 4169);
2. Act No. 17 of 2003 about State Finances (State Gazette of the Republic of Indonesia Number 47 in 2003, an additional Sheet of the Republic of Indonesia Number 4286);
3. Act No. 1 of 2004 on the Treasury of the State (State Gazette of the Republic of Indonesia in 2004, an additional Sheet No. 5 of the Republic of Indonesia Number 4355);
4. Act No. 34 of 2004 about the Indonesia National Army (the State Gazette of the Republic of Indonesia Number 127 in 2004, an additional Sheet of the Republic of Indonesia Number 4439);
5. Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette of the Republic of Indonesia year 2000 Number 64, an additional Sheet of the Republic of Indonesia Number 3956);
6. Presidential Decree Number 42 in 2002 about the guidelines of the implementation of Budget revenue and Expenditure of the State (State Gazette of the Republic of Indonesia Number 73 in 2002, an additional Sheet of the Republic of Indonesia Number 4212);
7. Presidential regulation Number 70 in 2012 about the second amendment above presidential regulation Number 54 in 2010 about Government procurement of goods/services (State Gazette of the Republic of Indonesia Number 155 in 2012, an additional Sheet of the Republic of Indonesia Number 4626);
Decide: define: REGULATION of the MINISTER of DEFENCE REGARDING the CHANGES to the REGULATION of the MINISTER of DEFENCE No. 17 in 2011 ABOUT the IMPLEMENTATION of the GUIDELINES for PROCUREMENT of goods/services in the ENVIRONMENT of the MINISTRY of DEFENSE of the REPUBLIC of INDONESIA and the INDONESIAN ARMED FORCES.
Article I a few provisions in the regulation of the Minister of Defence No. 17 in 2011 about the implementation of the guidelines for procurement of goods/services in the environment of the Ministry of defence and the national army Indonesia (Republic Indonesia in 2011 Number 551), amended as follows: 1. The provision of article 34 numbers, numbers I 41, Figure 42 Figure 43 and amended so that article I reads as follows: article 1 In this Ministerial Regulation , that is: 1. Main tool Indonesia national army weapon systems hereinafter abbreviated TNI There is every kind of material that constitutes the main tool of weapon systems and their accessories to be used to supplement the main component of the defence needs of the country.
2. The apparatus of Government Intern Supervisor who then called APIP in this organizational unit at the Inspectorate Kemhan and the TNI is the apparatus which performs the supervision through auditing, review, evaluation, monitoring, and other surveillance activities against the conduct of the duties and functions of the organization.
3. the goods/services is all the goods/services that are used by the Kemhan and the TNI, or all the goods/services that have not been used directly but in emergencies, with or without modification can be used by the Kemhan and the TNI to support the interests of the defense of the country.
4. The goods are any good things tangible or intangible, movable or immovable, which can be traded, worn, used or exploited by Users of the goods.
5. The AIR FORCE/military Stuff is all the stuff needed and used by the AIR FORCE/military or to support the interests of the defense of the country.
6. procurement Documents is a document which is specified by ULP/Procurement Officials with information and conditions that must be adhered to by the parties in the process of procurement of goods/services.
7. E-are Tendering procedures is the selection of the provider of the goods/services being performed openly and can be followed by all providers of goods/services that are registered on the system of procurement electronically by way of conveying one time offer in the time allowed.
8. E-Purchasing is how to purchase goods/services through electronic catalog system.
9. Grants abroad is every country's acceptance in the form of foreign exchange and/or foreign exchange are dirupiahkan, dollars, or in the form of goods/services procured from foreign grants that do not need to be paid back.
10. The creative industry is an industry that is derived from the utilization of creativity, original ideas, skills and talents of the individual to create prosperity and employment through the creation and utilization of power creation and creativity.
11. Consultancy Services is the professional services that require specific expertise in various fields which give priority to the existence of a sport thought (brainware).
12. Services Consultancy TNI/military is all necessary consultancy services and used by the AIR FORCE/military defense to the interests of the State.
13. Other services are services that require a certain ability that prioritizes skills (skillware) in a system of governance that has been widely known in the corporate world to complete a job or any job and/or the provision of services other than the services of consultancy, execution of the construction work and the procurement of goods.
14. Services of TNI/other military services besides services are all consulting, TNI/military construction services and procurement of goods TNI/military needed and used by the AIR FORCE/military or defence for the sake of the country.
15. the Ministries/Agencies/units of Work Area/institution other Device, hereinafter called the K/L/D/I/institution agency that is using the budget revenue and Expenditure of the State (STATE BUDGET) and/or budget income and Expenditure area (BUDGETS).
16. Ministry of Defense hereafter referred to Kemhan is the Defense Ministry which has the task of defence in the Government to help the President in organizing the Government.
17. The power of the budget Users hereinafter referred to by the KPA Officials, was established by the PA to use the defence budget, the present Headquarters of TNI and the KPA is divided two organizations namely KPA UO and KPA Kotama.
18. the terms of reference of the work hereafter KAK is a form of description description generally about things related to the scope of the work to be carried out, background, intent and purpose, the location of the source of funding, and others as well as supported by ancillary data to carry out a job.
19. The contract goods/services Procurement hereinafter referred to as the contract is a written agreement between the PPK with providers of goods/services or implementing Swakelola.
20. the contest is the method the selection of Providers of goods memperlombakan goods/certain objects that have no market price and the price/cost cannot be established based on the unit price.
21. electronic Catalogues or E-Catalogue is an electronic information system that contains a list of technical specifications, types, and prices of certain goods from various Suppliers/services of the Government.
22. The partnership is a partnership effort between the goods/services Providers in the country or abroad that each party has the rights, obligations and responsibilities are clear, based on mutual agreement that set forth in a written agreement.
23. The Agency's policy of Government procurement of goods/services are hereinafter referred to as the Government agency is LKPP tasked to develop and formulate policy on the procurement of goods/services as stipulated in the regulations of the President Number 106 of 2007 about goods/services Procurement Policy of the Government.
24. Procurement Services Electronically which hereafter LPSE is work unit K/L/D/I formed to organize service system procurement of goods/services electronically.
25. Government procurement of goods/services are hereinafter referred to as with procurement of goods/services is an activity to obtain goods/services in the environment of the Ministry of defence and the national army the process starts from Indonesia planning needs until the completion of the entire activity to obtain goods/services.
26. Construction work is the entire work related to the implementation of the construction of buildings or other physical form of creation.
27. Construction work of TNI/military is all construction works are required and used by the AIR FORCE/military or for defense of the country.
28. The development of the defence forces are hereinafter referred to as Bangkuathan is a series of attempts to embody and/or improve elements of the defence forces of the State.
29. The use of force to defense hereafter referred to Gunkuathan is a series of efforts the deployment and utilization of elements of the defence forces of the State.
30. The construction of a defense force hereinafter referred to as Binkuathan is a series of attempts to build the elements of the defence forces of the State.

31. Budget Users hereinafter referred to as the PA is the official holder of the authority of the use of the defence budget in this case the Minister of Defense.
32. Goods/Services Users (User) is a government agency in an environment of Kemhan and the TNI who received the goods/services as a result of procurement in order to meet the needs of the Organization in order to carry out its work.
33. the next commitment Maker Officials called the PPK, which officials are responsible for the implementation of the procurement of goods/services.
34. The Procurement Officer is the designated personnel to carry out direct procurement.
35. The Procurement Committee is appointed by the PA/KPA to carry out the selection of providers of goods/services.
36. The Committee/Official Receiver Work is organizing Committee/officials defined by PA/KPA in charge of checking and accepting the results of the work.
37. The provider of the goods/services is a business entity and/or individual people that provide goods/construction works/services/Consultancy Services etc.
38. The selection of goods/services Providers is an activity to establish a goods/services Providers would be appointed to carry out the work.
39. The procurement of goods/services through providers of goods/services is the work carried out by the business entity or individual person qualified.
40. Public Auction is a method of the selection of Suppliers/Other Services/construction work for all jobs that can be followed by all Suppliers/Other Services/construction work is eligible.
41. The auction method is limited to the selection of providers of goods/construction work with a number of providers that are able to carry out limited and believed to be the work of the complex.
42. The auction is a simple method of the selection of goods/services to other Providers for the most high-value job Rp 5,000,000,000.00 (five billion dollars).
43. Direct elections is the method the selection of providers of construction work for the work's most high-value of Rp. 5,000,000,000.00 (five billion dollars).
44. The designation of the Direct method is the selection of goods/services Providers with a means of pointing directly to one (1) a provider of goods/services.
45. Direct Procurement is procurement of goods/services directly to the providers of goods/services, without going through the auction/selection/Appointment Directly.
46. The integrity Pact is an affidavit that contains a pledge to prevent and not do the collusion, corruption, and nepotism in the procurement of goods/services.
47. The work of the Complex is a job which requires high technology, has a high risk, using specially designed equipment and/or employment which is worth over Rp 100,000,000,000.00 (one hundred billion rupiah).
48. Foreign Loan is any financing obtained by the Government from foreign lenders are bound by an agreement of loan and not the shape of the country's securities, which must be paid back with specific requirements as provided for in the provisions concerning the procedures for the procurement and forwarding of Foreign Government Loans.
49. The procurement of electronic or E-Procurement is procurement of goods/services that are funded by the use of information technology and electronic transactions in accordance with the legislation.
50. National Procurement Portal is “ gate ’ electronic information systems related to information Government procurement of goods/services nationally managed by LKPP.
51. the budget is the number Launched in budget and authorization is the highest allowed limit to be used in the procurement of goods/services, and noted in the announcement of the procurement.
52. certificate of expertise government procurement of goods/services is proof of recognition from the Government over the competence and ability of the profession in the field of procurement of goods/services.
53. Swakelola is the procurement of goods/services where the work is planned, carried out and/or supervised by Kemhan and TNI as the person in charge of the budget.
54. Public Selection is a method of the selection of the Consultancy services provider for all the work that can be followed by all service providers qualified Consultancy.
55. A simple Selection is a method of the selection of the provider of Consultancy Services Consultancy that is worth at most Rp. 200,000,000.00 (two hundred million rupiah).
56. Competition is a method the selection of service providers who memperlombakan the original idea, creativity and innovation in particular that price/cost cannot be established based on the unit price.
57. The letter of guarantee is hereinafter referred to as guarantee, the guarantee is written which is easily melted and not conditional (unconditional), which is issued by a public Bank/company Guarantee/insurance companies that submitted by the providers of goods/services to the PPK/ULP satisfy the obligation to guarantee the goods/services Providers. 58. The TNI is the Indonesia national army.
59. The Organizational Unit (UO) is one of the levels in the Organization's program and budget Manager within the Defense function includes some Work Unit (Satker) and/or the main Command (Kotama).
60. the Procurement Services Unit hereafter ULP was a functioning Government organizational units carry out procurement of goods/services in an environment of Kemhan and the TNI which is permanent, it can stand alone or attached to existing units.
61. Micro business is people's productive individuals and/or businesses that meet the criteria of micro enterprises as stipulated in the law on micro, small and medium enterprises.
62. Small Business is the economic productive effort that stands on its own were done by individual persons or business entity which is not a subsidiary or branch is not owned, controlled or being part of either directly or indirectly from medium or large businesses that meet the criteria of small enterprise as stipulated in the law on micro, small and medium enterprises.
2. Among the letter b and the letter c subsection (2) of article 8 is inserted 1 letter i.e. Letter b1, between paragraph (2) and paragraph (3) of article 8 was inserted one (1) subsection i.e. subsection (2a), and subsection (4), so that Pasal8 reads as follows: article 8 (1) the Organization of the procurement of goods/services for the procurement of goods/services Providers through consists of: a. the PA/KPA;

b. PPK;

c. ULP/Procurement Officials; and d. the organizers/Official Receiver Work.
(2) the Organization of the procurement of goods/services for Procurement through the Swakelola consist of: a. the PA/KPA;
b. PPK;

B1. ULP/Procurement/Procurement Team Officials; and c. the organizers/Official Receiver Work.
(2a) The appointment and dismissal of officials as referred to in paragraph (1) and paragraph (2) is not tied to the fiscal year.
(3) the PPK may be assisted by a team of supporters that are necessary for the implementation of the procurement of goods/services.
(4) the ULP Organization established in accordance with the legislation.
3. The provisions of article 11 paragraph (1) subparagraph c and paragraph (2) Letter c is amended so that article 11 reads: article 11 (1) PPK has basic tasks and authority as follows: a. set the plan of implementation of the procurement of goods/services that include;

1) technical specification of goods/services;

2) Estimated Own Price (HPS); and 3) of the draft contract. b. publish the letter designation of providers of goods/services;
c. approve the proof of purchase/receipt/letter signed work orders/letters of agreement; d. carry out contract with goods/services Providers;

e. control of execution of the Contract;

f. report on implementation/completion of procurement of goods/services to the PA/KPA;
g. submit the results of the work of the procurement of goods/services to the PA/KPA with the news submission event;
h. report on the progress of the work including the absorption of the budget execution of the work and the barriers to the PA/KPA quarterly; and i. storing and maintaining the integrity of all documents the execution of procurement of goods/services.
(2) In addition to the basic tasks and authority as referred to in paragraph (1), in case necessary, PPK may: a. recommend to the PA/KPA: 1) changes work package; and/or 2) procurement activities schedule changes; b. set the support team;
c. assign team or technical explanations givers experts to assist in the implementation of ULP; and d. set the magnitude of the down payment will be paid to providers of goods/services.
4. The provisions of article 12 and paragraph (2) letter f amended, and between paragraphs (2) and paragraph (3) is inserted two paragraphs, namely paragraph (2a) and (2b) and plus one (1) subsection i.e., subsection (4), so that article 12 reads as follows: article 12 (1) the Official Commitment Maker (PPK) is defined by the officials of the PA/KPA to carry out procurement of goods/services.
(2) To set as PPK must meet the following requirements: a. have integrity;

b. have high discipline;
c. have the responsibility and managerial as well as technical qualifications to carry out the task;
d. capable of taking decisions, act decisively and have the example in attitude and behavior was never involved KICKBACKS; e. the integrity Pact signed;
f. not serving as officials of the Signatory Warrants pay (PPSPM) or the Treasurer; and g. skill certificate procurement of goods/services.
(2a) Requirements not served as PPSPM as referred to in paragraph (2) letter f, excluded for PA/KPA acting as PPK.
(2b) In the event that there is no personnel who meet the requirements for appointment as PPK, the requirement in paragraph (2) Letter g excluded to: a. PPK assumed by Echelon I and II in Kemhan and the TNI and/or b. PA/KPA acting as PPK.
(3) Managerial requirements as referred to in paragraph (2) Letter c is: a. the lowest educated Bachelor Degree (S1) or One level field of expertise as far as possible in accordance with the demands of the job;

b. have the shortest experience 2 (two) years actively involved in activities relating to the procurement of goods/services; and c. has the capability of working in a group in performing each task/job.
(4) In terms of the number of civil servants who meet the requirements as referred to in paragraph (2) letter a, the requirements in paragraph (3) the letter a can be replaced with at least the IIIa or synchronised with the IIIa.
(5) Officials appointed by decision makers of the Commitment by the user of the budget/budget power user has delegated those powers to the recipient's authorization.
(6) Officials banned Commitment Makers hold a bond agreement or signed a contract with the provider of the goods/services, if the budget is not yet available or not enough available budget that can result in dilampauinya the limits of the budget available for the activities financed from the Budget of the State Expenditures and Revenues.
5. The provisions of the Pasal14 amended so that Article 14 reads as follows: article 14 (1) the selection of providers of goods/services in the ULP was conducted by a working group on ULP.
(2) mandatory membership of ULP is established to: a. procurement of goods/other Services/construction work with a value of Rp. 200,000,000.00 (two hundred million rupiah); and b. the procurement of Consultancy Services with a value of Rp. 50,000,000.00 (fifty million rupiah).
(3) a member of a working group consisting of at least gasal numbered three (3) people and can be augmented in accordance with the complexity of the job.
(4) the Working Group referred to in paragraph ULP (1), may be assisted by a team of experts or technical explanation of the giver.
(5) the members of the Working Group on ULP/Procurement Officer meet the following requirements: a. have integrity, discipline and responsibility in carrying out the task;

b. understand the work that is to be held;
c. understand the type of work that the task of the Working Group/ULP ULP/Procurement Officials concerned; d. understand the contents of the documents, procurement methods and procedures;
e. have a certificate of expertise Procure goods/services in accordance with the competences required; and f. to sign a Pact of integrity.
(5a) Procurement certification requirements of goods/services at the paragraph (5) the letter f may be excluded for head of the ULP.
(6) basic tasks and authority of ULP/Procurement Officer include: a. drafting plans for the selection of goods/services Providers;

b. set the Procurement Documents;

c. set the nominal quantity Assurance of supply;
d. announced the implementation of the procurement of goods/services at the website Kemhan and the TNI Board of each and the official announcement to the community as well as convey to LPSE to announced in the national Procurement Portal;
e. assessing the qualifications of providers of goods/services through prequalification or pascakualifikasi;
f. perform the evaluation of the administrative, technical and price against the incoming supply;
g. Working Group specifically for ULP: 1) answered the disclaimer;
2) set the goods/services for Providers;
a) Auction or Direct Appointment packages for procurement of goods/construction work/other services of value most highly IDR 100,000,000,000.00 (one hundred billion rupiah); or b) selection or Direct Appointment packages for Procurement Services Consultancy that most high-value of Rp. 10,000,000,000.00 (ten billion rupiah);
3) convey election results and a copy of the document the selection of providers of goods/services to a PPK; 4) save the original document election of the goods/services Providers;

5) make reports regarding Procurement processes to the head of ULP.
h. Special Procurement Officials;
1) sets the provider of goods/services to: a Direct Procurement) for the procurement of goods/Other Services/construction work which is worth most Rp. 200,000,000.00 (two hundred million rupiah); and/or b) Direct Procurement packages for procurement of Consultancy Services which most high-value of Rp. 50,000,000.00 (fifty million rupiah);
2) deliver the election results and a copy of the document the selection of providers of goods/services to a PPK;
3) submit the original charcoal/Service Provider selection to the PA/KPA; and 4) made a report on the process and results of procurement to the PA/KPA.
i. accountability over the implementation of the activities of the procurement of goods/services to the PA/KPA.
(6a) Basic tasks and authority of ULP Heads include: a. Lead and coordinate all activities ULP;

b. Drawing up work programmes and budget ULP;
c. Oversee the entire goods/services procurement activities in ULP and report if there is a discrepancy and/or indications of irregularities, d. accountability reporting for the implementation of the activities of the procurement of goods/services to Defense Minister/Commander of the INDONESIAN Navy Cash/(PA/KPA); e. carry out development and construction of human resource of ULP;
f. Assign/place/move members of the Working Group in accordance with the workload of each working group ULP; and g. Proposes removing the Working Group members assigned to the ULP to PA/KPA, when proven violation of legislation and/or the CCN.
(7) In addition to the basic tasks and authority of ULP/Procurement Officer referred to in subsection (6), in terms of the necessary Procurement Officer/ULP can propose to the PPK: a. changes to HPS; and/or b. a change in the technical specifications of the job.
(8) Head of working group members/ULP ULP/Procurement Officers come from civil servants, whether from institutions and other agencies.
(9) Excluded from the provisions in paragraph (8), to: a. the institution/institutions of the STATE BUDGET has limited user's employees are civil servants, heads of ULP/working group members ULP/procurement Officials can come from officials of the Agency/institution remains the user's STATE BUDGET which are not civil servants.
b. implementing community groups Swakelola, head of the ULP/implementing community group member Swakelola, the head of the ULP/working group members ULP/Procurement Officials can come from is not a civil servant.
(10) In terms of procurement of goods/services are special and/or require special skills, ULP/Procurement Officials can use the expertise that comes from civil servants or private.
(11) Head of working group members and ULP ULP barred sitting as: URa.PPK;

b. the signatory Official Mail pay (PPSPM);

c. Treasurer; and d. the APIP, exception being the procurement officer/member of the ULP for procurement of goods/services required another instance.
6. The provisions of article 15 paragraph (1) and paragraph (2) are amended so that Article 15 reads as follows: article 15 (1) package of procurement of goods/Other Services/construction work which is worth most Rp. 200,000,000.00 (two hundred million rupiah) can be implemented by the Working Group on Procurement Officers or ULP.
(2) the procurement of consultancy services Package which is worth most Rp. 50,000,000.00 (fifty million rupiah) can be implemented by the Working Group on Procurement Officers or ULP.
(3) direct Procurement is carried out by one (1) person Procurement Officials.
7. The provisions of article 16 paragraph (4) of the letter e is amended so that article 16 reads as follows: article 16 (1) PA/KPA/Committee set the recipient's Official Work.
(2) the members of the Committee/Official Receiver Work comes from civil servants, whether from institutions and other agencies.
(3) Excluded a provision referred to in subsection (2), the members of the Committee/Officials of the recipient Work at other institutions or community groups on NATIONAL BUDGET Users Implementing Swakelola can come from is not a civil servant.
(4) the Committee/Official Receiver mandatory Job Results meet the requirements as follows: a. have integrity, discipline and responsibility in carrying out the task;

b. understand the content of the contract;

c. have the technical qualifications;

d. signed the Pact of Integrity; and e. not served as officials of the Signatory Warrants pay (PPSPM) and Treasurer.
(5) the Committee/officials of the recipient of the Work referred to in subsection (4) has the duty and authority to: a. conduct the examination of the results of the work of the procurement of goods/services in accordance with the conditions set forth in the contract;
b. accept the results of the procurement of goods/services through the inspection/testing; and c. make and sign the Handover Events News Work.
(6) in case the inspection of goods/services require special technical expertise, can be formed team/experts to assist in the implementation of the tasks of the Committee/Official Receiver Work.
(7) the team/experts as referred to in paragraph (6) are defined by PA/KPA.
(8) in the case of Procurement Services Consultancy, inspection of the work referred to in subsection (5) the letter a, made after coordinating with the relevant Consultancy Services Users.
8. The provisions of article 5 paragraph (1) is changed, between paragraph (1) and paragraph (2) of article 17 is inserted 1 (one) verse, namely paragraph (1a), and explanation subsection (4) amended so that article 17 reads as follows: article 17 (1) a provider of goods/services in the implementation of the mandatory procurement of goods/services meet the following requirements: a. comply with the regulations for running the business/activity as a provider of goods/services;
b. have the expertise, experience, technical and managerial capabilities to provide the goods/services;
c. obtain at least 1 (one) work as providers of goods/services within 4 (four) last year in both the Government and private environment, including experience of subcontracting;
d. conditions as stated on the letter c, excluded for goods/services Providers the new stand at less than 3 (three) years;
e. have the human resources, capital, equipment and other facilities that are required in the procurement of goods/services;
f. in the event that goods/services Providers will undertake partnership, a provider of goods/services must have an operating agreement/partnership that contains the percentage of the partnership and the company that represents such partnership;

g. has the ability in the areas of work that are appropriate for micro enterprises, small businesses and small cooperatives as well as ability on the appropriate job for subfields non-minor;
h. have the basic capabilities (KD) for non-minor, except for the procurement of goods and services Consultancy;
i. Special for the auction and the selection of Direct procurement of construction works has financial support from the bank;
j. specifically for procurement of construction work and other services, should take into account the rest of the Pack Ability (SKP) as follows: SKP = KP-P K = value Capability Package, provided: a) for small businesses, the value of the capability packages (KP) is determined as many as five packages of work; and b) for small, non value Capability packages (KP) is defined as 6 (six) or 1.2 (one comma two) n. P = number of packages being worked on N = number of most jobs package that can be handled at the same time over a period of 5 (five) year last k. not in oversight of the Court, not bankruptcy, its business activities not being terminated and/or the Board of Directors acting for and on behalf of the company not being through criminal sanctions , as evidenced by an affidavit signed by the provider of the goods/services;
b. as taxpayers already have Taxpayer Staple Number (NPWP) and has fulfilled obligations taxation years (Annual PPTK) as well as having a monthly report PPh Pasal 21, PPh Pasal 23 (when there are transactions), PPh Pasal 25/article 29 and VAT (for employers Taxable) most short 3 (three) months in the current year; m. legally committing yourself has the capacity to contract;

n. do not get listed in black;
o. has a fixed address and clear and accessible by service delivery; and p. signed the Pact of integrity.
(1a) Upholding the principles of procurement and good business rules, requirements for providers of foreign goods/services are excluded from the provisions of paragraph (1) letter d, j and l.
(2) the requirements referred to in paragraph (2) Letter c, letter d, letter f, letter h and the letter i, excluded for goods/services Providers with an individual person.
(3) Kemhan and the TNI Officers were forbidden to become providers of goods/services, except the concerned took time off excluding dependents. TNI and Kemhan.
(4) goods/Services Provider participation raises conflict of interest prohibited became providers of goods/services.
9. The provisions of article 8 paragraph (2) Letter c is amended so that article 20 reads as follows: article 20 (1) PA/KPA General drafting plans for the procurement of goods/services in accordance with the requirements on Kemhan/TNI;
(2) a General Plan procurement of goods/services as referred to in subsection (1) include the following: a. activities and budget procurement of goods/services to be financed by the Kemhan and the TNI's own; and/or b. activities and budget procurement of goods/services to be financed on the basis of a partnership between L/D/K/I in joint financing (co-financing), as long as it takes.
(3) a General Plan procurement of goods/services include the following activities: a. identify the needs of the goods/services that are needed and the TNI Kemhan;
b. compose and set plans for the procurement of goods/services as referred to in paragraph (2);
c. set the public policy about the packaging: 1) work;

2) way of implementing PengadaanBarang/services;

3) organizing the procurement of goods/services; and 4) determination of the use of domestic products. d. drafting terms of reference work (KAK).
(4) KAK as referred to in paragraph (3) the letter d at least contain: a. Description of activities to be implemented;

b. the implementation time required;

c. technical sepesifikasi goods/services to be held; and d. the magnitude of the total estimated cost of the work.
10. The provisions of article 21 and amended so that Article 21 reads as follows: article 21 (1) preparation of a plan of Public procurement of goods/services on Kemhan and the TNI for the next fiscal year, to be completed in the fiscal year that runs.
(2) Kemhan and the TNI provides cost advocates the implementation of procurement of goods/services financed from the STATE BUDGET, which includes: a. the Organization's personnel Procurement honorarium/service including technical team, support team and project staff; b. cost of goods/services Procurement announcements include the cost of repeated announcements;

c. the cost of doubling the procurement of goods/services Documents; and d. other charges required.
(3) Kemhan and the TNI provides costs for the implementation of supporting the selection of goods/Services Provider pengadaannya will be made in the next Budget.
(4) Kemhan and the TNI can propose a quantity of a standard honorarium for personnel-related costs of the Organization's procurement, as input/consideration in the determination of the cost of the Standard by the Minister of finance.
11. The provisions of article 11 paragraph (1) and subsection (3) amended and between paragraph (1) and paragraph (2) is inserted 1 (one) verse, namely paragraph (1a), so that Section 23 reads as follows: article 23 (1) PA/KPA announced plans for Public procurement of goods/services in an environment of Kemhan and TNI are open to the public once the work plan and budget Kemhan and the TNI was approved by the HOUSE of REPRESENTATIVES.
(1a) PA/KPA as referred to in paragraph (1) of the Public Procurement plans announced, if there is a change/addition of DIPA/DPA.
(2) the announcement referred to in paragraph (1), at least contain: a. name and address of the user's Budget;

b. the work package will be funded;

c. location of employment; and d. an estimate of the magnitude of the cost.
(3) the announcement referred to in paragraph (2), carried out in the Kemhan website and the TNI and the official bulletin board for community as well as National Procurement Portal through LPSE.
(4) Kemhan and the TNI could announce the plan of implementation of the procurement of goods/services that his contract will be implemented in the next fiscal year/to come.
12. The provisions of article 24 paragraph (2) letter a and b is amended so that section 24 reads as follows: article 24 (1) Swakelola is the goods/services Procurement activities in which his works are planned, carried out and/or supervised by Kemhan and TNI as the person in charge of the budget, other government agencies and/or community groups.
(2) the work can be done with Swakelola include: a. work aimed at improving the ability and/or utilizing technical skills in human resources as well as in accordance with the duties and functions of the Kemhan and the TNI;
b. operation and maintenance work that requires the participation of the local community or directly managed by the TNI and Kemhan;
c. the work is viewed in terms of the quantity, nature, location or pembiayaannya not interested by the providers of goods/services;
d. the work in detail/detail cannot be calculated/prescribed in advance, so that when implemented by the providers of goods/services will pose a great risk and uncertainty;
e. Organization of education and training, courses, seminars, workshops, upgrading or extension;
f. the work for a pilot project (pilot project) and surveys that is specific to the technology development/working methods that have yet to be implemented by providers of goods/services;
g. employment surveys, data processing, formulation of Government policy, testing in the laboratory and the development of a particular system; h. confidential work for the TNI and Kemhan;

i. the work Industry, innovative and Creative culture in the country;

j. research and development in the country; and/or k. job development of the defense industry, the industry there in the country.
(3) procedure Swakelola activities include planning, implementation, supervision, submission, reporting and accountability work.
(4) the procurement through Swakelola can be done by: a. Kemhan and the TNI as the person in charge of the budget;

b. other government agencies Implementing Swakelola; and/or c. Implementing community groups Swakelola.
(5) PA/KPA set type of work as well as those who will carry out the procurement of goods/services in Swakelola.
13. The provisions of article 31 is amended so that article 31 reads as follows: article 31 (1) the preparation of the selection of providers of goods/services consists of the activities: a. planning the selection of providers of goods/services;

b. election of the procurement system;

c. determination of qualification assessment methods;

d. preparation of a schedule of goods/Services Provider selection;

e. preparation of Procurement Documents of goods/services; and f. determination of HPS.
(2) The process of the preparation of the selection of providers of goods/services made after Public Procurement Plan set.
14. The provisions of article 33 paragraph (2) was modified and between paragraph (3) and subsection (4) is inserted 1 (one) verse, namely paragraph (3a), so the Article 33 reads as follows: article 33 (1) ULP/procurement Officials devised a method of election and set suppliers/Other Services/construction work.
(2) The selection of providers of goods/services done by: a. public auction;

b. Auction limited;

cpelelangan simple;

d. the appointment directly;

e. direct procurement; or f. the contest.
(3) The selection of providers of construction work done with;

a. public auction;

b. auction limited;

c. direct elections;

d. the appointment directly; or e. a direct procurement.
(3a) The selection of other service providers is carried out by: a. public auction;

b. auction is simple;

c. direct appointment;

d. direct procurement; or e. competition.
(4) Contest/Competition was conducted specifically for the selection of goods/services Other Providers that are the result of innovative, creative industries and culture in the country.
3. The provisions of article 34 paragraph (2) and paragraph (3) are amended so that Article 34 reads as follows: article 34 (1) the selection of suppliers/other services/construction work principally done through public auction method with pascakualifikasi (2) specifically for the procurement of goods/construction work that is complex and is believed to be the number of provider are limited, the selection of Suppliers/providers of construction work done by the limited Auction.

(3) The selection of Suppliers/Other Services/construction work through the method of public Auction is announced at least on the website Kemhan and the TNI, official bulletin board for community, and National Procurement Portal through LPSE, so that the wider community and businesses who are interested and meet the qualifications can follow suit. (4) In a Public Auction no technical and price negotiations.
16. The provisions of article 35 paragraph (1) is amended so that Article 35 reads as follows: article 35 (1) the procurement of work that are not complex and the highest value of Rp. 5,000,000,000.00 (five billion rupiah) can be done with a simple Auction: a. procurement of goods/services for others; or b. the direct election for the procurement of construction works.
(2) auction is simple or direct election is done through a process of pascakualifikasi.
(3) auction is simple or direct elections are announced at least on the website Kemhan and the TNI, and the official notice boards for the community as well as National Procurement Portal through LPSE, so that the wider community and businesses who are interested and meet the qualifications can follow suit.
(4) in the auction is simple or direct elections there is no technical and price negotiations.
17. Between paragraph (4) of the letters c and d Article 36 insert one (1) letter i.e. c1, letters and added one (1) Letter on paragraph (5) that is the letter i, so that Article 36 reads as follows: article 36 (1) direct appointment of one (1) Suppliers/Other Services/construction work can be done in terms of: a. the specific circumstances; b. procurement of goods and special/Special construction works/services of other special interests.
(2) the appointment is done by Direct invite one (1) Suppliers/Other Services/construction work that is judged capable of carrying out the work and/or qualifications.
(3) the designation of the Direct negotiations conducted with both technical as well as price so that the retrieved prices that correspond to the market price applicable and technically can be accounted for.
(4) The criteria of certain circumstances that allow direct Designation do Suppliers/Other Services/construction work as intended in paragraph (1) letter a, include the following: a. the handling of an emergency that cannot be planned in advance and the timing of completion of his work should be/cannot be postponed to: 1) defence of the State;

2) security and order of the community; and 3) safety/protection of the public that the execution of its work cannot be postponed/should be done immediately, including: a) due to natural calamities and/or other non natural disasters and/or social disaster;

b) within the framework of disaster prevention; and c) consequential damages means infrastructure that can stop the activities of the public service.
b. Organization of the work of preparation of the Conference of the international commitment to follow up on a surprise and was attended by President/Vice President;
c. activities regarding the defence of the country as stipulated in article 38 paragraph (2) Letter c presidential regulation Number 70 in 2012 which includes: 1) constructing the defenses of countries that directly related to the AIR FORCE There that is a military base that includes infrastructure facilities, beach facilities infrastructure infrastructure facilities, and air defense army.
2) constructing a country's defence is not directly related to the AIR FORCE There, but in terms of the aspects of the site has high confidentiality.
3) construction, development, pemeliha-raan There/Non There are diyaki-ni only one source.
4) construction, development, pemeliha-Alutsista raan/Non There with consideration of standardization, advanced procurement, strategic and policy; and 5) handling activities in order to support the AIR FORCE operations.
C1. Activities is confidential for the purposes of intelligence and/or witness protection in accordance with the tasks set out in the legislation.
d. goods/construction works/services More specific and can only be carried out by one (1) Other goods/services Providers because of one (1) factory, one (1) the holder of a patent, or a party which has got the permission from the copyright holder, or parties who became the winner of the auction to get permission from the Government.
(5) the criteria of special items/Special/Service construction work and other special that allows Direct Appointment conducted as referred to in paragraph (1) letter b, comprising: a. Other goods/services based on the official rates set out Government;
b. work of the construction of buildings that are a single unit construction system and a unity of responsibility for the risk of failure of the building as a whole cannot be planned/taken into account previously (unforeseen condition);
c. work of the technically advanced is the unity of the nature of the construction pertanggungannya against the failure of the building cannot be broken down from jobs that have been conducted previously, as referred to in article 12 paragraph (1) letter a number 5 Government Regulation Number 59 in 2010 about changes to the Government Regulation Number 29 in 2000 on the Organization of construction services.
d. goods/construction works/services More complex nature can only be conducted with the use of special technologies and there is only 1 (one) Provider that is capable of;
e. the work of the Procurement and distribution of medicinal materials, drugs and health equipment consumables in order to guarantee the availability of the medicine for the implementation of the community health services increase the type and the price is set by the Minister responsible in the field of health;
f. procurement of motor vehicle with special rates for the Government which has been widely publicized to the community;
g. rent lodging/hotels/meeting room charge is open and accessible to the public; or h. Advanced rent buildings/Office and advanced rent other open or closed spaces with the provisions and procedures of payment and price adjustment that can be accounted for.
i. the work of the procurement of the infrastructure, facilities and Public Utilities in residential neighborhoods for low-income communities that are implemented by the developers/developers are concerned.
18. The provisions of article 37 paragraph (1) and paragraph (3) is deleted, so that Article 37 reads as follows: article 37 (1) Direct Procurement can be made to the procurement of goods/Other Services/construction work which is worth most Rp. 200,000,000.00 (two hundred million rupiah) with the following conditions: a. is the operational needs and the TNI Kemhan;

b. simple technology;

c. small risk; and/or d. implemented by goods/Services Provider business person individuals and/or small business entity as well as a small cooperative, except for packages of work that demands technical competency which cannot be met by micro, small enterprises and cooperatives.
(2) Direct Procurement is carried out based on the prevailing price in the market to Suppliers/Other Services/construction work.
(3) PA/KPA are prohibited from using Direct Procurement method as an excuse to break up the Procurement package into multiple packages with the intent to avoid the auction.
19. The provisions of article 45 paragraph (1), subsection (3), subsection (5) and paragraph (6) amended so that Article 45 reads as follows: article 45 (1) the Working Group Procurement Officials devised a ULP/and set the method of incorporation Documents of bidding.
(2) the method of incorporation Documents Offer consists of: a. method 1 (one) cover;

b. method 2 (two) cover; or c. the method 2 (two) stages.
(3) the methods of one (1) of the cover used for the procurement of goods/services are simple technical evaluation which is not affected by price and has the following characteristics: a. Work is simple with the standard cost has been established Government; b. procurement of Consultancy Services with a simple KAK; or c. the Procurement/construction works/services and other technical specification or volume can be expressed clearly in the Procurement Documents.
(4) in addition to the procurement of goods/services have the characteristics as referred to in paragraph (3), cover one method used in the designation of the direct/Direct Procurement/contest/Competition.
(5) method 2 (two) of the cover used for the procurement of goods/services where technical evaluation is influenced by price quote and used to: a. procurement of goods/construction works/services using the evaluation value system or the system cost over age economically.
b. procurement of Consultancy Service which has the following characteristics: 1) required a separate assessment between technical requirements with the bid price, so the price does not affect the assessment of the technical assessment; or 2) job are complex so it is needed a more in-depth technical evaluation.
(6) the method of two-stage used for the procurement of goods/Other Services/construction work which has the following characteristics: a. a job are complex;
b. meets the criteria of a particular performance of the overall system, including considerations of convenience or efficiency of operating and keeping equipment;
c. has a number of alternative uses of the system design and application of different technologies; d. takes a long technical evaluation; and/or e. requires a technical.
20. The provisions of article 46 paragraph (3) and paragraph (5) was modified, and between paragraph (3) and subsection (4) is inserted 1 (one) verse, namely paragraph (3a), and plus one (1) subsection, namely verses (6) so that the Section 46 reads as follows: article 46 (1) bidding evaluation methods in the selection of Suppliers/Other Services/construction work consists of: a. knockout;

b. system of values; and c. the cost assessment system for age economically.
(2) evaluation method of bidding for procurement of goods/Other Services/construction work on the principle of using the assessment system.

(3) Evaluation system of values used for the procurement of goods/Other Services/construction work which takes into account the technical excellence of value for money, considering the price quote was strongly influenced by the quality of the technical.
(3a) Evaluation of cost assessment system for economical age used for procurement of goods/construction works/services that take into account Other factors age economically, prices, operating costs, maintenance costs, and a period of certain operations.
(4) the value of the System is done with the following conditions: a. the quantity weights costs between 70% (seventy perseratus) up to 90% (ninety-perseratus) of the total weight of the whole;
b. items must be appraised quantitatively or can be dikuantifikasikan; and c. the procedures and criteria for assessment must be attached with a clear and detailed in the Procurement Documents.
(5) In conducting the evaluation working group Procurement Officials banned ULP/edit, add and/or reduce the criteria and procedures for evaluation after the deadline for submissions Document Deals.
(6) The method of two-stage referred to Section 45 subsection (6) may use methods of evaluation system for fall, system of values, or a cost assessment system for age economically.
21. The provision of article 47 paragraph (7) letter d modified, and added one (1) subsection i.e., subsection (8), so that Section 47 reads as follows: article 47 (1) evaluation Method in the selection of service providers offer Consultancy can be done using: a. evaluation methods based on quality;

b. evaluation methods based on quality and cost;

c. evaluation methods based on Pagu Budget; or d. the evaluation methods based on lowest cost.
(2) evaluation methods based on quality as referred to in paragraph (1) letter a, is used for jobs that are: a. give priority to the quality of the technical offer as the determining factor against the results/benefits (outcomes) as a whole; and/or b. a difficult job scope specified in the KAK.
(3) evaluation methods based on quality and costs referred to in subsection (1) letter b, used for work that: a. the scope, the output (output), the time of the assignment and other things can be predicted well in KAK; and/or b. the magnitude of costs can be determined easily, clearly and precisely.
(4) evaluation methods based on Pagu Budget as referred to in paragraph (2) Letter c, is used for work that: a. There are already rules governing (standard);

b. can be specified with precision; and c. the budget does not exceed certain pagu.
(5) evaluation methods based on lowest cost referred to in paragraph (1) letter d, used for work that is both simple and standard.
(6) in the evaluation based on quality and cost, technical and cost value weighting is governed by the terms: a. technical offer weights between 0.60 (sixty per hundred) to 0.80 (eighty per hundred);d 60s b. weights offer costs between 0.20 (twenty per hundred) to 0.40 (forty per hundred).
(7) All services of a Consultancy Job offer evaluation must be accompanied by a clarification and negotiation, with the following conditions: a. the unit price can be negotiated that is non biayalangsung personnel who can be replaced (reimburseablecost) and/or direct costs personnel judged unnatural;
b. the cost aspects need to be clarified or negotiations especially: 1) the suitability of the work plan with the kind of expenses;

2) volume of activity and type of expenditure; and 3) unit costs compared with the prevailing market cost/reasonableness of costs.
c. clarification and negotiation against units of the direct costs of personnel is conducted based on the Payroll that has been audited and/or proof of income tax experts setor consultants concerned;
d. the cost of the direct costs of personnel the highest four (4) times the basic salary received experts remains high and most 2.5 (two comma five) times income salary experts is not fixed; and e. the unit direct costs of personnel is calculated based on the unit of time.
(8) are exempt from the provisions of paragraph (7) of the letters c and d, for international selection, provided: a. the negotiations towards the direct costs of personnel unit can be done based on the payroll who have audited, proof of income tax experts setor, the corresponding provider or a statement about the reasonableness of quantities experts (billing rate) that contains the ability to audit basis;
b. Quantity direct costs personnel may refer to unit costs applicable personnel abroad.
22. The provision of article 48 paragraph (1) is amended so that Article 48 reads as follows: article 48 (1) stipulates the type of Procurement contract PPK goods/services in the draft contract.
(2) contract procurement of goods/services include: a. the contract based on the method of payment;

b. the contract based on the imposition of fiscal year;

c. the contract is based on funding sources; and d. the contract based on the type of work.
(3) goods/services Procurement Contract based on the method of payment as referred to in paragraph (2) letter a consists of: a. a Lumpsum Contract;

b. Contract unit price;

c. Combined Lumpsum Contract and unit price;

d. percentage of Contracts; and e. the contract Received So (Turnkey) (4) type of goods/services Procurement Contract based on the imposition of fiscal year referred to in paragraph (2) letter b consists of: a. a single Year Contract; and b. the contract year is plural.
(5) type of goods/services Procurement Contract based on sources of funding referred to in paragraph (2) Letter c consists of: a. a single Procurement Contract;

b. Joint Procurement Contracts; and c. Umbrella Contracts (Framework Contract);
(6) goods/services Procurement Contract based on the type of work referred to in paragraph (2) letter d consists of: a. a single Job Procurement Contracts; and b. the contract Procurement Job integrated.
23. The provision of article 50 paragraph (2) modified and inserted 1 (one) verse, namely subsection (2a), so the article 50 read as follows: article 50 (1) single-Year Contract is a contract that binds his work Fund budget implementation during the period of 1 (one) year budget.
(2) a contract is a contract that Plural Years implementing its work for a period of more than 1 (one) year Budget over the budget burden, conducted after approval: a. the Minister of Defense and Commander of the TNI to activities that the value of his contract up to Rp 2,000 10.000.000.000 (ten billion rupiah) for seed planting activities/seeds, greening, ground pioneer services/sea/air, food and medicines in hospitals, food for inmates in Correctional Institutions procurement, tax bands, garbage disposal services, and the procurement of the services of a cleaning service b. Minister of finance for activities whose value is RP 10.000.000.000 diatasRp (ten billion rupiah) and activities worth up to Rp 2,000 10.000.000.000 (ten billion rupiah) that are not included in the criteria for the activities as set forth in article 50 paragraph (2) letter a.
(2a) The approval referred to in paragraph (2) letter b, completed palinglambat 7 (seven) working days since the document is received in full.
24. The provision of article 51 paragraph (3) are amended so that Article 51 reads as follows: article 51 (1) a contract is a contract that Single Procurement made by 1 (one) PPK with 1 (one) specific goods/services Providers to complete a particular job in a particular time.
(2) Joint Procurement Contract is a contract between a couple of PPK with 1 (one) providers of goods/services to get the job done in a reasonable time, in accordance with the needs of each of the PPK signed a contract.
(3) an umbrella Contract (Framework Contract) is a contract unit price between Kemhan Officials and the TNI with providers of goods/services that can be utilized by the TNI and Kemhan, with the following conditions: a. held to guarantee prices of goods/services that are more efficient, the availability of the goods/services is assured and its nature required repeatedly to the volume or quantity of work that has yet to be determined at the time the contract is signed; and b. the payout is done by each Work Unit/PPK, based on the results of the assessment/measurement together against the volume/quantity of work already carried out by the provider of the goods/services.
(4) the imposition of a budget for the Joint Procurement Contracts as referred to in paragraph (2), set in the agreement of joint funding.
25. The provision of article 53 paragraph (2), subsection (3), subsection (4), and subsection (5) amended so that Article 53 reads as follows: article 53 (1) proof of the agreement consists of: a. proof of purchase;

b. receipts;

c. a letter Job Command (SPK); and d. a letter of agreement.
(2) proof of purchase as referred to in paragraph (1) letter a, is used for the procurement of goods/services worth up to IDR 10,000,000.00 (ten million dollars).
(3) the receipts referred to in subsection (1) letter b, is used for the procurement of goods/services worth up to Rp. 50,000,000.00 (fifty million rupiah).
(4) the SPK as referred to in paragraph (2) Letter c, is used for the procurement of goods/Other Services/construction work with a value of up to Rp. 200,000,000.00 (two hundred million rupiah) and for Consultancy Services with a value of up to Rp. 50,000,000.00 (fifty million rupiah).
(5) the Agreement referred to in subsection (1) the letter d, is used for the procurement of goods/Other Services/construction work with a value of above Rp. 200,000,000.00 (two hundred million rupiah) and for Consultancy Services with a value of above Rp. 50,000,000.00 (fifty million rupiah).

26. The provision of article 54 paragraph (4) and subsection (11), and between paragraphs (4) and paragraph (5) is inserted 1 (one) v. i.e. subsection (4a), so the Article 54 reads as follows: article 54

(1) Qualifications and competency assessment process is the ability of the business as well as the eligibility of certain other goods/services Providers.
(2) the qualification can be done in two ways namely prequalification or pascakualifikasi.
(3) the Prequalification process is the assessment of qualifications is carried out prior to insertion of the bidding.
(4) the Prequalification implemented for procurement as follows: a. selection Consultancy services provider;
b. the selection of Suppliers/Other Services/construction work that is both complex through Public Auction;
c. the selection of providers of goods/construction works/services using the method of Direct Appointment, except for emergency handling; or d. the selection of providers through Direct Procurement.
(4a) Prequalification as referred to in paragraph (4) the letter d, excluded for the procurement of direct goods/services other.
(5) the assessment process the qualifications for Designation directly in emergency handling is done concurrently with the incorporation Documents of bidding.
(6) the prequalification Process produces: a. list of prospective Suppliers/Other Services/construction work; or b. the short list of prospective service provider Consultation.
(7) in the process of prequalification, ULP/Procurement Officials immediately opened the Document and evaluate the qualifications of the longest 2 (two) working days after received.
(8) Pascakualifikasi is the process of qualification assessment conducted after the ingestion of a quote.
(9) Pascakualifikasi carried out for Procurement as follows: a. Public Auction Public Auction, except for the work of the complex;

b. Simple Auction/direct election; and c. the selection of Individual Consultancy services provider.
(10) the ULP/Procurement officials are forbidden to add qualification requirements aimed at discriminating as well as outside of the established in the provisions of the regulation of the Minister of Defense.
(11) a compulsory Procurement Officer/ULP simplifies the process of qualifying conditions: a. ask the provider of goods/qualifying form Jasamengisi; and b. not asking for all documents required except at the stage of the proof qualifications; and c. proof qualifications at international auction/selection can be done by asking for documents that can prove the competence of prospective providers of goods/services.
(12) the assessment of qualifications is carried out by methods: a. Knockout, for the procurement of goods/Other Services/construction work;

b. value system for the procurement of Consultancy Services.
27. The provision of article 55 amended so that Article 55 reads as follows: article 55 (1) the selection of Suppliers/Other Services/construction work with a method of Public Auction includes the following stages: a. Public Auctions for the selection of providers of goods/construction services/other services or auction is Limited to the selection of providers of goods/construction work with a prequalification, which cover two methods include the following activities: 1). announcements and/or invitation of prequalification;

2) registration and retrieval of documents Qualifying;

3) intake and evaluation Document Qualifications;

4) prove qualifications;

5) determination of qualifying results;

6) qualifying results announcements;

7) Disclaimer qualifications;

8) invitations;

9 Election Document retrieval);

10) granting an explanation;

11) revenue Document Deals;

12) opening the cover Quote Document I;

13) Document the evaluation of Deals cover I;

14) notice and announcement of participants who pass the evaluation covers I;

15) opening the document cover Quote II;

16) evaluation Document Deals cover II;

17) manufacture of News Event the results of the auction;

18) the determination of the winner;

19) winner announcement;

20) disclaimers; and 21) Disclaimer of appeal (if necessary).
b. Public Auctions for the selection of Suppliers/Other Services/construction work or the auction is limited to the selection of providers of goods/construction work with a prequalification, method 2 (two) stage which includes activities: 1) announcement of prequalification and/or invitation prequalification;

2) registration and retrieval of documents Qualifying;

3) intake and evaluation Document Qualifications;

4) prove qualifications;

5) determination of qualifying results;

6) qualifying results announcements;

7) Disclaimer qualifications;

8) invitations;

9 Election Document retrieval);

10) granting an explanation;

11) revenue Documents Offer phase I;

12) opening Bidding Documents phase I;

13) Document evaluation Bidding phase I;
14) performs a technical when necessary, except for the method of evaluation system of values; 15) assignment of participants who pass the evaluation of phase I;

16) notice and announcement of participants who pass the evaluation of phase I;

17) phase II Bidding documents of incorporation;

18) opening of the Bidding Document phase II;

19) evaluation of the phase II bidding documents;

20) manufacture of News Event the results of the auction;

21) the determination of the winner;

22) winners announced;

23) disclaimers; and 24) Disclaimer of appeal (if necessary).
c. Public Auction or the auction is limited to the selection of providers of goods/construction work with a Prequalification, method 1 (one) cover which covers the activities: 1) announcements and/or invitation of prequalification;

2) registration and retrieval of documents qualifying;

3) intake and evaluation document qualifications;

4) prove qualifications;

5) determination of qualifying results;

6) qualifying results announcements;

7) Disclaimer qualifications;

8) invitations;

9 election document retrieval);

10) granting an explanation;

11) revenue document deals;

12) opening the bidding document;

13) document the evaluation of deals;

14) manufacture of News Events;

15 determination of the winner);

16) winners announced;

17) disclaimers; and 18) Disclaimer of appeal (if necessary).
d. Public Auctions for the selection of Suppliers/Other Services/construction work with the pascakualifikasi method, one cover which covers the activities: 1) announcement;

2) registration and retrieval of Procurement Documents;

3) granting an explanation;

4) Bidding Document submissions;

5) opening the bidding Document;

6) evaluation of supply;

7) evaluation of qualifications;

8) proof qualifications;

9) making the News Event the results of the auction;

the 10 winners of the assignment);

11) winners announced;

12) disclaimers; and 13) Disclaimer of appeal (if necessary).
e. Public Auctions for the selection of Suppliers/Other Services/construction work with pascakualifikasi, a method that includes covers of two activities: 1) announcement;

2) registration and retrieval of Procurement Documents;

3) granting an explanation;

4) Bidding Document submissions;

5) opening the cover Quote Document I;

6) evaluation of the Documents Offer the cover I;

7) notice and announcement of participants who pass the evaluation covers I;

8) opening the document cover Quote II;

9) evaluation of the Bidding Document covers II;

10) prove qualifications;

11) creation of News Event the results of the auction;

the 12 winners of the assignment);

13) winners announced;

14) Disclaimer; and 15) sanggahah of appeal (if necessary).
(2) Election with the simple Auction method for goods/services to other Providers or direct elections for construction work Providers, includes the following stages: a. announcement;

b. registration and retrieval of Procurement Documents;

c. awarding an explanation;

d. incorporation Document Deals;

e. opening the bidding Document;

f. evaluation of supply;

g. evaluation of qualifications;

h. evidentiary qualifications;

i. making the News Event the results of the auction;

j. determination of winners;

k. winners announced;

b. Disclaimer; and m. Disclaimer of appeal (if necessary).
(3) the selection of Suppliers/Other Services/construction work for the handling of emergencies with appointment of Direct method, include the following stages: a. PPK may publish a warrant begins work (SPMK) to: 1) the nearest Providers are carrying out similar work; or 2) other providers who judged able and qualified to perform the work, when there is no Provider as outlined in Figure 1.
b. the process of Direct Appointment and administration is done simultaneously, as follows: 1) the real work opname;
2) determination of the type, specification and volume of work, as well as the time of completion of the work; 3) preparation and determination of the HPS;

4) preparation of Procurement Documents;

5) Procurement Document submission to the provider;

6) infusion Document Deals;

7) opening the bidding Document;

8) clarification and negotiation of technical and price;

9) preparation of News Events "l Designation Directly;

10) determination of the Provider; and 11) the announcement of a provider.
(4) the selection of Suppliers/Other Services/construction work for not handling emergency Direct Appointment by the method includes the following stages: a. an invitation to participants selected Procurement Documents enclosed;

b. income Qualification Documents;

c. evaluation of qualifications;

d. evidentiary qualifications;

e. granting explanation;

f. incorporation Document Deals;

g. evaluation of the deals as well as clarification and negotiation of technical and price;

h. drafting the News Event the results of a direct Designation;

i. determination of Providers; and j. announcement provider.
(5) the selection of Suppliers/Other Services/construction work with a direct Procurement method includes at least the following stages: a. purchases/payments directly to the Providers for the procurement of goods/services using the proof of purchase and receipt of, as well as the procurement of construction works which use the receipts;
b. the supply demand accompanied by a clarification and negotiation of technical and price to the provider for direct Procurement using the SPK.
(6) the selection of goods/services Providers with Other methods of contest/Competition include at least the following stages: a. announcement;

b. registration and Document Retrieval contest/Competition;

c. awarding an explanation;

d. submissions of proposals;

e. opening proposal;

f. administrative examination and assessment of the technical proposal;

g. making News Events Results contest/Competition;

h. determination of winners;


i. winner announcement.
28. The provision of article 56 amended so that Article 56 reads as follows: article 56 (1) the selection of the Consultancy service providers with the common Selection methods include the following stages: a. prequalification quality evaluation methods with the cover that includes two activities: 1) announcement of prequalification;

2) registration and retrieval of documents Qualifying;

3) granting an explanation (where necessary);

4) infusion and the evaluation of the Qualification Document;

5 proving qualifications);

6 designation) qualifying results;

7) notices and announcements of the qualifying results;

8) Disclaimer qualifications;

9) invitations;

10 Election Document retrieval);

11) administering an explanation;

12) income Document Deals;

13) opening the document cover I;

14) evaluation documents cover I;

15) technical rating assignment;

16) notices and announcements of the technical ranking;

17) disclaimers;

18) Disclaimer of appeal (if necessary);

19) invitation document opening the cover II;

20) opening and evaluation documents cover II;

21) technical clarification and negotiation invitation and expense;

22) clarification and negotiation of technical and cost; and 23) manufacture of News Events selection result.
b. method of evaluation quality and cost as well as evaluation methods pagu prequalification with two budget covers activities which include: 1) announcement of prequalification;

2) registration and retrieval of documents Qualifying;

3) granting an explanation (where necessary);

4) infusion and the evaluation of the Qualification Document;

5 proving qualifications);

6 designation) qualifying results;

7) notices and announcements of the qualifying results;

8)-qualifications;

9) invitations;

10 Election Document retrieval);

11) administering an explanation;

12) income Document Deals;

13) opening the document cover I;

14) evaluation documents cover I;

15) technical rating assignment;

16) notices and announcements of the technical ranking;

17) invitation document opening the cover II;

18) opening and evaluation documents cover II;

19) winner of the assignment;

20) notice and announcement of winners;

21) disclaimers;

22) Disclaimer of appeal (if necessary);

23) invitations clarification and negotiation of technical and cost;

24) clarification and negotiation of technical and cost; and 25) manufacture of News Events selection result.
c. evaluation method of lowest cost/budget pagu prequalification with 1 (one) cover which covers the activities: 1) announcement of prequalification;

2) registration and retrieval of documents Qualifying;

3) granting an explanation (where necessary);

4) infusion and the evaluation of the Qualification Document;

5 proving qualifications);

6 designation) qualifying results;

7) notices and announcements of the qualifying results;

8) Disclaimer qualifications;

9) invitations;

10) granting an explanation;

11) revenue Document Deals;

12) opening the bidding Document;

13) the evaluation of the administrative, technical and cost;

14) the determination of the winner;

15) notice and announcement of winners;

16) disclaimers;

17) Disclaimer of appeal (if necessary);

18) invitations clarification and negotiation;

19) clarification and negotiation; and 20) manufacture of News Events selection result;
(2) The selection of the Consultancy service providers with a simple Selection Method with evaluation methods or methods of Budget Launched the lowest cost with 1 (one) cover includes the following stages: a. announcement of prakualifkasi;

b. registration and retrieval of Documents Qualifying;

c. the granting of an explanation (where necessary);

d. income Qualification Documents and evaluation;

e. proof qualifying;

f. determination of qualifying results;

g. notice and announcement of the results of the qualification;

h. Disclaimer of qualifications;

i. an invitation;

j. granting an explanation;

k. income Document Deals;

b. opening of the Bidding Document;

d. evaluation of the administrative, technical and cost;

n. determination of winners;

o. notices/announcements of winners;

p. Disclaimer;

q. the disclaimer of appeal (if necessary);

r. invitation clarification and negotiation of technical and cost;

s. clarification and negotiation; and t. making News Events selection result.
(3) The selection of the Consultancy service providers with Direct Designation Method for handling emergency include the following stages: URa.PPK can publish a warrant begins work (SPMK) to: 1) Consultancy services provider closest to you who are carrying out similar work in handling the emergency location; or 2) other Consultancy service providers rated able and qualified to perform the work, when there is no service provider Consultancy as mentioned in Figure 1.
b. the process of Direct Appointment and administration is done simultaneously, as follows: 1) opname jobs in the field;
2) determination of the scope, number and qualifications of the experts as well as the time of completion of the work; 3) preparation of Procurement Documents;

4) preparation and determination of the HPS;

5) Procurement Documents submission;

6) infusion Document Deals;

7) opening and evaluation of Bidding Document;

8) clarification and negotiation of technical and cost;

9) preparation of News Events Results Direct Appointment;

10) determination of the provider; and 11) the announcement of a provider.
(4) The selection of the Consultancy service providers with Direct Designation Method for not handling the emergency include the following stages: a. an invitation to participants selected Procurement Documents enclosed;

b. intake, assessment and qualifying authentication;

c. awarding an explanation;

d. incorporation Document Deals;

e. opening and evaluation of supply;

f. clarification and negotiation of technical and cost;

g. making News Events Results Direct Appointment;

h. designation of providers; and i. announcements.
(5) The selection of the Consultancy service providers with Direct Procurement Method is done by supply demand followed by clarification and negotiation of technical and cost to prospective Providers (6) the selection of the Consultancy service providers with methods of Competition include at least the following stages: a. announcement;

b. registration and Document Retrieval Competition;

c. awarding an explanation;

d. submissions of proposals;

e. opening proposal;

f. administrative examination and assessment of the technical proposal;

g. making News Events the results of Competition;

h. determination of winners; and i. winner announcement;
(7) The selection of Individual Consultancy services providers using a common Selection stage pascakualifikasi one cover, covering the following activities: a. announcement;

b. registration and retrieval of Procurement Documents;

c. awarding an explanation;

d. incorporation Document Deals;

e. opening the bidding Document;

f. evaluation of supply;

g. evaluation of qualifications;

h. evidentiary qualifications;

i. making the News Event evaluation results;

j. k. the winner winner announcement;

b. Disclaimer;

d. Disclaimer of appeal (if necessary);

n. invitation clarification and negotiation of technical and cost;

o. clarification and negotiation of technical and cost; and p. making News Events selection result.
29. The provision of article 58 amended so that Article 58 reads as follows: article 58 (1) Public Auctions, auctions with Limited Prequalification or selection carried out with Public provision of time as follows: a. prequalification announcement serving at least 7 (seven) working days;
b. registration and retrieval of Documents from the date of the announcement started Kuailifikasi up to 1 (one) working day prior to the deadline for income Qualification Documents;
c. deadline for income Qualification Documents at least 3 (three) business days after the tv announcement of qualifications;
d. time-against qualifying results performed during 5 (five) working days after the announcement of the results of the qualification and no disclaimer appeal;
e. the auction/selection of invitations to the participants who passed the qualifying delivered one (1) working day after completion of problem-;
f. retrieval of Document Election conducted since the promulgation of the Auction invitation/selection up to 1 (one) working day prior to the deadline for submissions Document Deals;
g. grant of the fastest implemented explanation 3 (three) working days from the date of invitation/selection Auction;
h. income Documents Offer began on 1 (one) business day after the grant of a description up to at least 7 (seven) working days after the signing of the News Event Awarding the explanation;
i. time-against the results of the auction/selection for 5 (five) working days after the announcement of the results of the auction/selection and the appeal of the disclaimer for 5 (five) working days after receiving the answers Disclaimer;
j. in that case approved the auction winner determination PPK, the letter designation of goods/services Providers (SPPBJ) published at least 6 (six) business days after the announcement of the auction winner determination if no disclaimer, disclaimer or after an appeal, or at least 2 (two) working days after the Working Group conveyed News Events Results ULP selection (BAHS) to PPK to the General Selection;
k. in the matter of the appeal of the disclaimer was not in receive, SPPBJ on Public Auction publishable longest 2 (two) working days after the appeal from Disclaimer answers Defense Minister/TNI Commander/Chief of staff of the force; or published at least 2 (two) working days after the Working Group conveyed the ULP BAHS to PPK to the General Selection; and b. the contract signed 14 (fourteen) working days after the publication of SPPBJ.
(2) Table setting/time outside the process as referred to in paragraph (1) letter a to letter l above, given over entirely to the ULP working group.
(3) The preparation of the schedule of the implementation of procurement referred to in paragraph (1) for the procurement of goods/services through E-Procurement, undertaken on the basis of calendar days.
(4) The deadline for each stage of the procurement of goods/services as referred to paragraph (1) through E-Procurement is a work day.
(5) In the case of public Auctions, auctions with limited prequalification or selection common preceding fiscal year, SPPBJ published after DIPA/DPA are set.
30. The provisions of article 59 amended so that Article 59 reads as follows:


Article 59 (1) General Public Auction and selection of individuals with pascakualifikasi done by Ordinance the time as follows: a. announcement of serving the least implemented 7 (seven) working days;
b. registration and retrieval of Procurement Documents (Document qualifications and Election Documents) starting from the date of the announcement up to 1 (one) working day prior to the deadline for submissions Document Deals;
c. the granting of a fastest implemented explanation 3 (three) working days from the date of announcement;
d. incorporation Documents Offer began on 1 (one) business day after the grant of the explanation;
e. Bidding Document income deadline at least 2 (two) working days after the explanation taking into account the time needed to prepare the Bidding Documents in accordance with the type, complexity, and job sites;
f. evaluation of supply can be carried out in accordance with: 1) time required; or 2) the type and complexity of the work;
g. Disclaimer period against the results of the auction/selection for 5 (five) working days after the announcement of the results of the auction/selection and the appeal of the disclaimer for 5 (five) working days after receiving the answers Disclaimer;
h. in the event the winner assignment approve PPK auction, SPPBJ published the shortest 6 (six) business days after the announcement of the auction winner determination if no disclaimer, or after the disclaimer answered in the event there is no disclaimer to appeal, or at least 2 (two) working days after the Working Group conveyed News Events Results ULP selection (BAHS) to PPK to the General Selection;
i. in the event that the appeal is not accepted, the disclaimer SPPBJ at Public Auction publishable at least 2 (two) working days after the appeal from Disclaimer answers Defense Minister/TNI Commander/Chief of staff for Force or published at least 2 (two) working days after the Working Group conveyed the ULP BAHS to PPK to the General Selection; and j. signed contract no later than fourteen (14) working days after the publication of SPPBJ.
(2) Table setting/time outside the process as referred to in paragraph (1) letter a to with a capital i above, handed over entirely to the ULP working group.
(3) The preparation of the schedule of the implementation of procurement referred to in paragraph (1) for the procurement of goods/services through E-Procurement, undertaken on the basis of calendar days.
(4) The deadline for each stage of the election referred to in paragraph (1) through E-Procurement is a work day.
(5) In terms of General Public Auction and selection of individuals with pascakualifikasi do precede fiscal year, SPPBJ published after DIPA/DPA was passed.
31. The provision of article 60 amended so that Article 60 reads as follows: article 60 (1) auction is simple, direct elections or the simple Selection of individuals is carried out by the Ordinance of time as follows: a. serving announcement was made at least four (4) working days;
b. registration and retrieval of Procurement Documents started since the date of the announcement up to 1 (one) working day prior to the deadline for submissions Document Deals;
c. the granting of a fastest implemented explanation 3 (three) working days from the date of announcement;
d. incorporation Documents Offer began on 1 (one) business day after the grant of the most brief description up to 2 (two) working days after the signing of the News Event Awarding the explanation;
e. the disclaimer period against the results of the auction/selection of simple individuals during 3 (three) business days after the announcement of the results of the auction/selection of individual and the Simple Disclaimer appeal during the three (3) working days after receiving the answers Disclaimer;
f. SPPBJ published at least 4 (four) working days after the announcement of the winner of the auction is a simple assignment or direct elections if no disclaimer, or after the disclaimer answered in the event there is no disclaimer to appeal;
g. in the event that the appeal is not accepted, the disclaimer SPPBJ at auction is simple or direct elections published the longest 2 (two) working days after the appeal from Disclaimer answers Defense Minister/TNI Commander/Chief of staff of the force;
h. for a simple Individual Selection, SPPBJ published at least 2 (two) working days after the Working Group conveyed the ULP BAHS to PPK; and i. the contract signed 14 (fourteen) working days after the publication of SPPBJ.
(2) Simple selection with prequalification is done by Ordinance the time as follows: a. prequalification announcement serving at least four (4) working days;
b. registration and retrieval of Documents Qualifying begins from the date of the announcement up to 1 (one) working day prior to the deadline for income Qualification Documents;
c. deadline for income Qualification Documents at least 3 (three) business days after the tv announcement of qualifications;
d. Disclaimer time against qualifying results conducted during 3 (three) business days after the announcement of the results of the qualification and no disclaimer appeal;
e. invitation to participants who entered the short list are delivered one (1) business day after the disclaimer or after the completion of the disclaimer issue;
f. retrieval of Document Election conducted since the promulgation of invitations selection up to 1 (one) working day prior to the deadline for submissions Document Deals;
g. grant of the fastest implemented explanation 3 (three) working days from the date of invitation selection;
h. income Documents Offer began on 1 (one) business day after the grant of a description up to at least 3 (three) working days after the signing of the News Event Awarding the explanation;
i. period of rebuttal against the results of selection for 3 (three) business days after the announcement of the results of the selection and the appeal-during 3 (three) working days after receiving the answers Disclaimer;
j. SPPBJ published the longest 2 (two) working days after the Working Group conveyed the ULP BAHS to PPK;
k. in the event an appeal is not accepted, the disclaimer SPPBJ published at least 2 (two) working days after the Working Group conveyed the ULP BAHS to PPK; and b. the contract signed 14 (fourteen) working days after the publication of SPPBJ.
(3) Schedule/time settings outside the process as referred to in paragraph (1) letter a to with a capital h, and in paragraph (2) letter a to with a capital l, handed over entirely to the ULP working group.
(4) The preparation of the schedule of the implementation of procurement referred to in paragraph (1) for the procurement of goods/services through E-Procurement, undertaken on the basis of calendar days.
(5) The deadline for each stage of procurement referred to in paragraph (1) and paragraph (2) through E-Procurement is a work day.
(6) In case the auction is simple, direct election or selection is simple done precedes the financial year SPPBJ, published after DIPA/DPA are set.
32. The provision of article 64 paragraph (1), subsection (2), subsection (4), subsection (5), and subsection (7), as well as between paragraphs (7) and subsection (8) is inserted 1 (one) verse, namely subsection (7a), so the Article 64 reads as follows: article 64 (1) PPK set prices themselves (HPS) estimate of goods/services, except for contest/Contest and procurement of direct use of proof of purchase.
(2) ULP/working group of officials to announce the procurement of a total value of HPS based on HPS set by PPK. (3) The total value of HPS are open and not secret.
(4) HPS set out: a. the longest 28 (twenty eight) working days before the deadline for submissions for the election bid with Pascakualifikasi; or b. the longest 28 (twenty eight) working days before the deadline for submissions of supply coupled with the Prequalification process for the length of time the selection with Prakualifikas.
(5) the HPS used as: a. the tool to assess the reasonableness of the offer including the details;

b. the basis for setting the highest limit legitimate offer: 1) for the procurement of goods/construction works/services Other, except auctions that uses a two-stage method and the Auctions Limited where participants enter a price quote in less than 3 (three); and 2) For the procurement of Consultancy Services which use the method Launched budget.
c. basis for assigning quantity values Guarantee the implementation for the offer whose value is lower than 80% (eighty perseratus) total value of HPS. (6) HPS instead of as a basis for determining the magnitude of losses to the State.
(7) Preparation of HPS are calculated to have expertise based on data that can be accounted for include: a. local market prices i.e. prices of goods/services provide goods/services produced/delivered/implemented, by the performance of the procurement of goods/services;
b. cost information unit published officially by the Central Bureau of statistics (BPS);
c. the unit cost information published officially by the Association of related and other data sources that can be accounted for;
d. list of cost/price of the goods/services being issued by the manufacturer/sole distributor;
e. the cost of a contract before running or considering the factor of cost changes;
f. the previous year's inflation, interest rates and/or middle rate of Bank Indonesia;
g. the results of comparisons with similar Contracts, both conducted by other agencies or other parties;
h. cost calculation estimates conducted by the consultant Planner (engineer estimate); i. norm index; and/or j. other information that can be dipertanggungjawab.
(7a) Preparation of HPS for auction/selection can use International pricing information goods/services abroad.
(8) the HPS compiled taking into account the profit and overhead costs deemed reasonable.
33. The provisions of article 68, paragraph (1) of paragraph (2), and subsection (3) amended so that Article 68 reads as follows: article 68 (1) Guarantee the implementation requested PPK to the providers of goods/contract for construction work worth above Rp. 200,000,000.00 (two hundred million rupiah).

(2) Guarantee the implementation can be requested PPK to other service providers for contracts valued above Rp. 200,000,000.00 (two hundred million rupiah), except for the provision of other services where the Provider's assets are already controlled by the user.
(3) Guarantee the implementation as referred to in paragraph (1) and paragraph (2) is given after the publication of SPPBJ and before signing the contract the procurement of goods/construction jobs and other services.
(4) the magnitude of the value of the guarantee of the implementation are as follows: a. for value deals rectified between 80% (eighty perseratus) up to 100% (one hundred per hundred) of the total value of HPS, guarantee the implementation was of 5% (five per cent) of the value of the contract; or b. to offer value corrected under 80% (eighty per hundred) of the total value of HPS, the size of the guarantee the implementation of 5% (five per cent) of the total value of HPS.
(5) the guarantee is valid from the date of execution of the contract until the handover of other goods/services or the handover of other goods/services or handover of the first construction work.
(6) the guarantee of implementation is returned after: a. delivery of goods/services and Warranty Certificate; or b. the maintenance Guarantee submission of 5% (five per cent) of the value of the contract for construction work/Service Provider of the other 34. The provisions of article 69, paragraph (1) of paragraph (2), and subsection (4) amended, as well as between subsection (1) and paragraph (2) is inserted 1 (one) v. i.e. subsection (1a), so the Article 69 reads as follows: article 69 (1) providers of goods/service maintenance warranty to PPK after the execution of the work stated finished 100% (one hundred and perseratus) , to: a. the construction work;

b. the provision of other services which require the maintenance period.
(2) Quantity value Guarantees maintenance of 5% (five perseratus) of the contract value.
(3) Guarantee the maintenance of returned after fourteen (14) working days after the maintenance is complete.
(4) construction work Providers choose to guarantee the maintenance of or retention.
(5) Maintenance Guarantee or retention referred to in subsection (4), the magnitude of 5% (five per cent) of the value of the procurement Contract the construction works/services etc.
35. The provision of article 71 amended so that Article 71 reads as follows: article 71 (1) in the framework of the acceleration of the implementation of procurement of goods/services, the Working Group may announce implementation of ULP procurement of goods/services to the broad community seacara with the terms after the work plan and budget of the Ministry of Defense and the AIR FORCE was approved by the HOUSE of REPRESENTATIVES for the procurement sourced from STATE BUDGET.
(2) In the event of the absence or DIPA budget allocation in the DIPA specified is less than the value of the procurement of goods/services are held, the selection process was cancelled.
(3) implementation of Auction/selection is announced publicly by announcing widely at least through: a. Kemhan and the TNI website;

b. Official Bulletin Board for community; and c. the national Procurement Portal through LPSE.
36. Between paragraph (5) and paragraph (6) of article 75 are inserted 1 (one) verse, namely subsection (5a), so the Article 75 reads as follows: article 75 (1) to clarify the Document procurement of goods/services, Procurement Officials held a ULP/awarding of explanation.
(2) the ULP/Procurement Officials can provide the explanation advanced by the review field.
(3) the granting of the explanation should be poured in the News Event the giving an explanation that was signed by the ULP/Procurement Officials and at least one (1) representative from the participants in attendance.
(4) the ULP provided a copy of a news Event the giving explanations and provision of Documents to all Adendum participants, whether attending or not attending the awarding of an explanation.
(5) if there are no participants who attend or are willing to sign a News Event the giving an explanation, then the News Event Awarding the explanation simply signed by members of the ULP are present.
(5a) To give explanations on the auction/selection, submission of a question can be done can be done via email before the granting of the explanation starts.
(6) changes in the draft of the contract and/or technical specifications and/or drawings and/or total value of HPS, PPK'S approval before it is poured in a Procurement Document Adendum.
(7) in terms of PPK did not approve the proposed changes referred to in paragraph (6): a. ULP convey objections PPK to the PA/KPA for disconnected;

b. If PA/KPA agree with PPK, not do change; or c. If PA/KPA agreed with ULP, PA/KPA decided changes and is final, as well as ordering the ULP to create and endow the Procurement Document Adendum.
(8) for the absence of the participant at the time of granting the explanation cannot be relied upon to reject or abort deals.
37. The provision of article 78 amended so that Article 78 reads as follows: article 78 (1) of the Working Group on Procurement Officer/ULP sets election results provider of goods/services.
(2) the Working Group ULP/Procurement Officer Announces election results for Suppliers/service after specified through the website Kemhan and the TNI and the official bulletin board.
(3) announcement of determination of the goods/services Providers at least consist of: a. the norm and work package a total value of HPS;

b. the name of the Principal, the number of taxpayers (TAX ID), and the address of the winner; and c. the results of evaluation of technical, administrative, supply and prices.
(4) an announcement over the determination of the goods/services Providers made through Auction/direct election/selection, it was announced publicly on a Website: a. Kemhan and b. TNI official bulletin board for community; and c. the national Procurement Portal through LPSE.
(5) the announcement over the determination of the goods/services Providers made through Direct Appointment, announced publicly on a Website: a. Kemhan and b. TNI official bulletin board for community; and (6) a working group on ULP can set the election results to more than one Provider, if needed.
(7) the provisions as referred to in paragraph (3), subsection (4) and subsection (5) are excluded for the work is confidential.
38. The provisions of article 79 amended so that Article 79 reads as follows: article 79 (1) Participant selection or qualification document that offers that feel aggrieved, either by itself or together with other participants may submit a written disclaimer when discovered: a. irregularities against the provisions and procedures set forth in the regulations of the Secretary of Defense and who have been set out in Document procurement of goods/services;
b. the existence of engineering that led to unhealthy competition; and/or c. existence of abuse of authority by the ULP and/or other authorized officials.
(2) the disclaimer Letter was delivered to the ULP and ditembuskan working group to PPK, PA/KPA Kemhan Inspectorate and the TNI and at least 3 (three) working days for auction/selection simple and direct elections, whereas Public/selection for auction at the latest 5 (five) working days after the announcement of the winner.
(3) the Working Group ULP required to provide written answers for all of the disclaimer at least 3 (three) working days for auction/selection simple and direct elections, whereas Public/selection for auction at the latest 5 (five) working days after the letter accepted the disclaimer.
39. The provisions of article 80 paragraph (1), subsection (2), subsection (3), subsection (6), paragraph (7), subsection (8), and paragraph (10), as well as between paragraphs (7) and (8) paragraph inserted 2 (two) paragraph i.e. subsection (7a), and subsection (7b), so the Article 80 reads as follows: article 80 (1) participants who are not satisfied with the answers the disclaimer of ULP working group may submit a rebuttal appeal to Defense Minister/TNI Commander/Chief of staff of the force or to officials who received the assignment to answer most appellate rebuttal slow 5 (five) working days for Public Auction Public Auction//selection is limited, and at least 3 (three) working days for Simple Auction/selection Simple/direct election after he received answers disclaimer.
(2) Participants who filed a disclaimer compulsory Appeal submit Warranty Disclaimers applicable Appeal 15 (fifteen) working days since submission of the appeal for Public Auctions Disclaimer/General/Limited Auction Selection, and 5 (five) working days for Simple Auction/selection Simple/direct election.
(3) the Warranty Disclaimers set forth the Appeals of 10/0 (one percent) of the total value of HPS. (4) the disclaimer Appeal Auction/selection process to stop.
(5) LKPP can give advice, opinions and recommendations for resolution refutation of appeal at the request of Defense Minister/TNI Commander/Chief of Staff.
(6) the Defense Minister/Commander of the INDONESIAN Navy Chief of staff/give answers to all disclaimers appeal to appellate penyanggah at least 15 (fifteen) working days after the letter of Appeal accepted Disclaimer for Public Auction Public Auction//selection is limited, and 5 (five) working days for Simple Auction/selection Simple/direct election.
(7) in the case of the disclaimer stated appeal right, Defense Minister/TNI Commander/Chief of staff ordered the Forces working group Procurement Officials do a ULP/re-evaluation or procurement of goods/services.
(7a) The leadership of the Ministry of Defense/Commander of the INDONESIAN Navy Chief of staff/may assign Official Echelon Echelon Officer I or II the disclaimer to answer the appeal.
(7b) the assignment referred to in subsection (7a) does not apply, in which case the officials in question concurrently as the PPK or head of the ULP to package activities report.
(8) in the matter of the appeal of the Disclaimer declared wrong, Defense Minister/TNI Commander/Chief of staff of the force ordered that the Working Group continue its ULP process PengadaanBarang/service.
(9) in the case of the disclaimer stated appeal right, Warranty Disclaimers Appeal returned to penyanggah.

(10) in the matter of the appeal of the disclaimer on the auction/selection was declared wrong, Warranties Disclaimer Appeal seized and deposited into the State Treasury, except to answer the appeal beyond the end of disclaimer to answer Rebuttal appeal.
40. The provisions of article 81 paragraph (1), subsection (2), subsection (3) amended so that Article 81 reads as follows: article 81 (1) of the Working Group expressed the Auctions ULP/direct election fails if: a. the number of participants who passed the prequalification process qualification less than three (3) participants, except for the limited Auction;
b. the number of participants who enter a Bidding Documents for procurement of goods/construction works/services More of less than three (3) participants except at Auctions is limited; c. Disclaimer of prequalification results against participants turned out to be right;

d. no deals that pass evaluation of supply;
e. in the evaluation of deals found evidence/indication of unhealthy rivalry occurs;
f. bid the lowest corrected for Contract unit price and the combined contracts are Lump Sum and unit price higher than HPS; g. the entire incoming bid price for Lump Sum Contracts above the HPS;
h. Disclaimer Auction results/direct election of the participants turned out to be right; or i. prospective winners and potential winners of the reserve of 1 (one) and 2 (two), after evaluation by deliberately not present in the clarification and/or prove qualifying.
j. on two-stage method of the whole quotation entered exceeds the total value of HPS or, after negotiating the price of all participants did not agree to lower prices so as not to exceed the total value of HPS.
(2) The Working Group expressed the ULP Selection fails if: a. the participants who passed the prequalification process qualification less than 5 (five) for Public Selection or less than 3 (three) for Simple Selection;
b. the number of participants who enter the bidding Documents of less than three (3), if not previously been done repeated prequalification;
c. Disclaimer of participants who enter the qualifying Documents against prequalification results declared righteous; d. no deals that meet the requirements in the evaluation of the offer;
e. in the evaluation of deals found evidence/indication of unhealthy rivalry occurs;
f. prospective winners and potential winners of the reserve of 1 (one) and 2 (two) is not present in the clarification and negotiation with unacceptable reasons;
g. no participants who approve/agree on the technical and fee negotiation results;
h. Disclaimer of participants who enter bidding against the results of selection of the participants turned out to be right;
i. offer the lowest cost for a contract unit price corrected, Combined Contract Lump Sum and unit price higher than Budget Launched, except those using the method of quality evaluation;
j. entire bidding costs that go to the contract Lump Sum above Pagu Budget; or k. all participants who entered the short list as a candidate is not present in the proof qualifications.
(3) PA/KPA stated the auction/selection/direct election fails if: a. the PA/KPA agree with PPK that was not willing to sign the SPPBJ because the process of Auction/selection/direct election does not comply with regulation of the Minister of defence;
b. public complaints of the existence of the alleged KICKBACKS involving the Working Group ULP and/or PPK turned out right;
c. the alleged KICKBACKS and/or breach of healthy competition in the implementation of the auction/selection/direct election is declared righteous by the authorities;
d. Disclaimer of participants who enter the bidding procedure for the error that is listed in the procurement of goods/Services Provider turned out right; e. Procurement Document does not comply with regulation of the Minister of defence;
f. implementation of the auction/selection/direct elections inappropriate or deviate from the Procurement Documents;
g. prospective winners and potential winners of the reserve of 1 (one) and 2 (two) resigns; or h. implementation of Auction/selection/direct elections breach the regulation of the Minister of Defense.
(4) PA/KPA/PPK/ULP giving compensation to participants of the auction/selection Direct/Pemilihan when its bid was rejected or Auction/selection/direct election is declared failed.
(5) Defense Minister/Commander of the INDONESIAN Navy Chief of staff declared/Auction/selection/direct election fails if: a. a disclaimer to the appeal of the participants turned out to be right; or b. the existence of public complaints of alleged KICKBACKS involving KPA turns out to be true.
41. The provisions of article 82 added four (4) subsection i.e., subsection (6), paragraph (7), subsection (8), and subsection (9), so that Article 82 reads as follows: article 82 (1) in terms of Auction/selection/direct election is declared failed, ULP immediately: a. re-evaluation;

b. submission of Bid Documents reissue;

c. Auction/selection/direct election anniversary; or d. termination of the auction/selection process/direct election.
(2) in case the auction/selection reset the number of goods/services Providers pass prequalification only 2 (two) participants, Auction/selection process continued.
(3) in terms of Auction/selection/direct election re number of goods/services Providers who insert quotes only 2 (two) participants, process of Auction/selection/direct elections resumed.
(4) in case the auction/selection reset the number of goods/services Providers pass prequalification only 1 (one) entrant, Auction/selection process performed like a re Direct Designation.
(5) in terms of Auction/selection/direct election re number of goods/services Providers who insert quotes only 1 (one) entrant, Auction/selection/reset done direct elections as well as the process of Designation.
(6) In terms of Auction/selection/re-direct election fails, the working group can do the Direct appointment of ULP upon approval of the PA, but still pay attention to the principles of efficiency, effectiveness and accountability, provided: a. the results of the work cannot be postponed b. Concerning the interests/safety masyara kat; and c. not enough time to carry out the auction/selection process/direct elections and the execution of the work.
(7) in the event of a two-stage method of Public Auction failed, as referred to in section 81 subsection (1) the letter j, based on the results of the evaluation working group ULP can perform value adding a total of HPS, changes in technical specifications and/or change in the scope of the work.
(8) In case of two-stage method of Public Auction failed, as referred to in paragraph (7) there is a change in the total value of HPS but there was no change in the technical specifications and/or scope of work, Public Auctions directly followed by the insertion of the price quote.
(9) in the event of a two-stage method of Public Auction failed, as referred to in paragraph (7) there is a change in the technical specifications and/or scope of the work, conducted the auction.
42. The provision of article 83 paragraph (6) are converted and added two verses, namely paragraph (7) and (8) of article 83, so it reads as follows: article 83 (1) with the provisions of SPPBJ publishes the PPK: a. There is no refutation of the participants;

b. disclaimers and/or disclaimer appeal proved to be untrue; or c. the time-and/or-appeal period expires.
(2) in case of goods/services Providers who receive SPPBJ resigned and the offer is still valid, the resignation can only be done on the basis of an acceptable reason objectively by PPK.
(3) the resignation referred to in subsection (2), provided that the bidder Offer Guarantees in question be cashed and deposited in the State Treasury.
(4) in case of goods/services Providers are designated as the executing jobs resigned for reasons that cannot be accepted and the offer is still valid, then: a. Guarantee the Deals in question are disbursed and deposited in the State Treasury; and b. the goods/services Providers be penalized for following a ban on the activities of the procurement of goods/services diinstansi Government for 2 (two) years.
(5) in case there is no disclaimer, SPPBJ must be published no later than 6 (six) business days after the determination of the winner announcement and immediately delivered to the winners concerned.
(6) In the event of a disclaimer to appeal, SPPBJ must be published at least 2 (two) working days after all the disclaimer appeal answered, and immediately delivered to the winner.
(7) in case there is a disclaimer but there is no disclaimer to appeal, SPPBJ must be published no later than 6 (six) days of work for Public Auctions and at least 4 (four) working days for the auction is simple and direct elections after the disclaimer answered, and immediately delivered to the winner.
(8) the publication of the Consultancy services of SPPBJ for selection must be published at least 2 (two) working days after the Working Group conveyed News Events ULP selection result to the PPK.
43. The provisions of article 84 paragraph (2) and paragraph (6) are amended so that Article 84 reads as follows: article 84 (1) of the draft Procurement Contract perfected the PPK'S goods/services to sign.
(2) the signing of the contract the procurement of goods/services performed after DIPA/DPA are set.
(3) the parties sign the contract after submitting the goods/services Providers Guarantee the execution of at least fourteen (14) business days counted since the publication of SPPBJ.
(4) Signing the contract the procurement of goods/services complex and/or worth over Rp. RP 100,000,000,000 (one hundred billion rupiah) made after obtaining the opinion of Jurists contract.
(5) the authorities signed a contract for the procurement of goods/services on behalf of the provider of the goods/services is Board mentioned by name in the deed of Establishment/Budget Basic goods/services Providers, which have been registered in accordance with the legislation.

(6) any party who is not a Board of directors or that his name was not mentioned in the deed of Establishment/Budget Basis referred to in paragraph (5), can sign the contract goods/services Procurement, all such parties are administrators/employees of the company who's status as a fixed labor and got the power of a legitimate authority or delegation from the Board of directors or a legitimate party based on the deed of Establishment/Budget Base to sign the procurement of goods/services.
44. Between paragraph (1) and paragraph (2) of article 85 pasted one (1) subsection i.e. subsection (1a), and subsection (2) amended so that Article 85 reads as follows: Article 85 (1) in case there are differences between the condition of the pitch at the time of implementation, with pictures and/or technical specifications as specified in the Contract Documents, PPK together providers of goods/services may make changes to the contract which includes a. increase or decrease the volume of the work specified in the Contract;

b. Add and/or reduce the types of jobs;

c. change the technical specification work in accordance with the needs of the field; or d. change the schedule of implementation.
(1a) Changes to the contract referred to in subsection (1), apply for a job using the contract unit price or part of the work using the unit price of the combined contracts are Lump Sum and unit price.
(2) the added Work as intended in paragraph (1) was carried out with provisions: a. does not exceed 10% (ten percent) of the prices listed in the agreement/contract; and b. the availability of budget to add jobs.
(3) the provider of the goods/services are prohibited from diverting the main execution of the work based on a contract, by doing subcontracted to other parties, unless some major work to the providers of goods/services specialist.
(4) the infringement of the provisions referred to in paragraph (3), goods/services Providers be penalized in the form of a fine shape and size in accordance with the provisions stipulated in the contract Documents.
(5) changes caused problems contractual administration, can be carried along the agreed upon both parties.
45. The provision of article 86 paragraph (2) and paragraph (3) are amended so that Article 86 read as follows: Article 86 (1) cash advance can be given to the providers of goods/services for: a. mobilization tools and labor;

b. payment sign so to suppliers of goods/materials; and/or c. other necessary technical preparations for the implementation of the procurement of goods/services.
(2) a cash advance can be given to the providers of goods/services with the following conditions: URa.PPK approved the use of the advance payment Plan submitted by the provider of the goods/services;
b. for small business, a cash advance can be given highest 30% (thirty percent) of the value of goods/services Procurement Contract;
c. for non small and Consultancy service providers, a cash advance can be given highest 20% (twenty percent) of the value of goods/services Procurement Contract;
d. For Plural Years Contract, an advance may be granted: 1) 20% (twenty perseratus) from the first year of the Contract; or 2) 15% (fifteen perseratus) of the contract value.
(3) Cash advance that has been given to the providers of goods/services, should be used to carry out the work according to plan the use of cash advance that has got the approval of the PPK.
(4) the value of the advance payment Guarantee was gradually be reduced proportionally in accordance with the achievement of the work.
46. The provisions of article 87 paragraph (4) and subsection (5) amended so that Article 87 reads as follows: article 87 (1) payment of the accomplishment of the work can be given in the form of: a. monthly payments;

b. payments based on the stage of completion of the work (second term); or c. the payment at once after the completion of the work.
(2) the payment of the work achievement given to Suppliers/service after deducting instalment refund of advance payment and a fine when there is, as well as taxes.
(3) a request for payment to the PPK for a contract that uses a sub contract, proof of payment must be completed to all sub contractors in accordance with developments (progress) job.
(4) monthly payment/terms for construction work, carried out worth the work already installed, including equipment and/or materials that become part of the job title will result, in accordance with the provisions contained in the contract.
(5) PPK hold a portion of the payment of the retention money as work accomplishments to guarantee maintenance of the construction work and other services that require the time of maintenance.
47. The provisions of article 88 added one (1) numbers on the letter c i.e. number 4), so that Section 88 reads as follows: article 88 in certain circumstances as referred to in article 34 and article 40, Direct Appointment to the natural disaster relief work is carried out as follows: a. PPK SPMK published after approval from the PA/KPA and a copy of the statement of natural disasters from the employing authorities in accordance with the regulations;
b. opname jobs in the field conducted jointly between the PPK and the goods/services Providers, while the process of procurement and Administration can be done simultaneously;
c. handling emergency funds derived from natural disaster relief fund are: 1) the handling of emergency should soon be implemented and completed within the shortest time for the safety and security of society and/or to avoid the loss of State or the greater community;
2) construction of an emergency that must be immediately implemented and completed within the shortest time, for the security and safety of the community and/or avoid the loss of State/the greater community;
3) for natural disaster events in the coverage area of a contract, the job of emergency handling can be placed into a Contract Change Order (CCO) and can exceed 10% (ten percent) of the value of the initial contract.
4) use of permanent construction, if the permanent job submission is still in a period of emergency handling or emergency response can only be addressed with permanent construction to avoid the loss of State/community.
48. The provision of article 90 paragraph (2) letter b modified, so that Article 90 reads as follows: article 90 (1) price adjustment is done with the following conditions: a. the price adjustment is in effect against the contract Year Plural shaped Contract unit price based on terms and conditions which have been laid out in Document procurement and/or a change in Procurement Documents;
b. procedures for the calculation of the price adjustment must be indicated clearly in the Procurement Documents;
c. the price adjustment was not enforced against single-Year Contracts and contract Lump Sum and unit price work with lame.
(2) the terms of use of the price adjustment formula is as follows: a. the price adjustment is in effect at the time of Multiple Year Contracts implementation more than 12 (twelve) months and is in effect starting in the 13th (thirteen) since the implementation of the work;
b. adjustment of unit price applies to all activities/payment, except the eye component of profit and Overhead costs as stated in the quote;
c. adjustment of unit price is enforced in accordance with the implementation schedule set forth in the preliminary Contract/adendum Contract;
d. adjustment of unit price for the components of the work that comes from abroad, use the index price adjustment from the country of origin of the goods;
e. new types of work with the new unit price as the result of any such Contract can be given adjustment adendum price from month 13 (thirteen) since the Contract was signed for adendum; and f. a late Contract implementation caused by goods/Services Provider error imposed price adjustment based on the lowest price index between schedule beginning with the realization of the work schedule.
(3) adjustment of unit price as referred to in paragraph (2) letter a, defined by the following formula: = Hn Ho (a + b. Bn/Bo + c.Cn/Co+d.Dn/Do+ .... ...)

HN = unit price goods/services at a time when the work was carried out;

Ho = unit price goods/services at the time of the bid;
a = Coefficient remains consisting of profit and overhead;

In the event that the offer did not include the magnitude components of the profit and overhead then a = 0.15.
b, c, d = the coefficient component Contract like labor, materials, working tools, etc;

The sum a + b + c + d + ... ... and so is 1.00.

BN, Cn, Dn = price index components at the time of the work carried out;

Bo, Co, Do = price index component on the 12th month after the signing of the contract.
(4) the fixing of a coefficient of contract work carried out by the Technical Secretary. (5) price index used proceeds from the issuance of the BPS.
(6) in case of the price index is not loaded in the publication of the BPS, used price index issued by the technical agencies.
(7) the outline of a contract value adjustments set as follows: Pn = (Hn1 x V1) + (Hn2 xV2) + (Hn3 x V3) + ... ... ... and so Pn = the value of the contract unit price adjustments after the goods/services;

HN = new unit price of each type of component work once done using the formula of the price adjustment price adjustments Unit;

V = the Volume of each type of component of the work that was carried out.
49. The provisions of article 91 paragraph (1) letter a and paragraph (2) Letter c modified, and between paragraph (1) letter a and letter b insert two (2) letters i.e. the letter a. 1. and a. 2., so that Article 91 read as follows: Article 91 (1) PPK may decide the contract unilaterally if: a. the goods/services need not be delayed beyond the end of the contract;
A1. Based on the research of PPK, providers of goods/services will not be able to complete the whole job although given the opportunity up to 50 (fifty) calendar days since the time of the end of the execution of the work to finish the job;

A2. After being given a chance to finish a job up to 50 (fifty) calendar days since the time of the end of the execution of the work, goods/services Providers could not finish the job;
b. Goods/Services Providers neglect/injury promises in carrying out its obligations and did not fix his indifference in a specified period of time;
c. goods/services provider of proven fraud, KICKBACKS and/or forgery in the Procurement process is decided by the relevant authorities; and/or complaints about d. deviation procedures, suspected KICKBACKS and/or pelanggararan healthy competition in the implementation of the procurement of goods/services are declared righteous by the authorized agency.
(2) In the event of termination of the contract due to goods/Services Provider error: a. Guarantee the implementation of melted;
b. the remainder of the cash advance must be repaid by the providers of goods/services or cash advance disbursed Guarantees; c. Goods/Services Providers pay a fine delay; and d. the provider of goods/services included in the black list.
50. Among Article 95 paragraph (2) and paragraph (3) is inserted 1 (one) verse, namely subsection (2a), so the Article 95 reads as follows: Article 95 (1) the use of domestic products as referred to in article 92 paragraph (1) letter a, done according the domestic component quantities on any goods/services, indicated by the value of the component level within the country (TKDN).
(2) mandatory domestic products are used if the goods/services Providers who offer goods/services with a value of TKDN plus Company Benefits Weight value (BMP) at least 40% (forty per cent).
(2a) PPK did redenomination of Public Procurement plan with a ULP/Procurement Officials associated designation use of domestic products as referred to in Article 8 paragraph (3) the letter c. number 4) (3) restrictions on foreign products offer referred to in subsection (2), if there is at least one (1) domestic products in an inventory list of goods/services domestic production with a value of TKDN for at least 25% (twenty-five perseratus) , and at least 2 (two) products in the country in the list of goods/services inventory of domestic production with a value of TKDN is less than 25% (twenty-five perseratus).
(4) the implementation of the procurement of goods/services as referred to in paragraph (3), can only be followed by providers of goods/services domestic production all providers of goods/services in accordance with the technical specifications required, reasonable prices and the ability of the submission of the results of the work in terms of time or quantity.
(5) TKDN refers to an inventory list of goods/services domestic production, published by the Ministry for industry affairs of wing.
(6) the conditions and procedures for counting of TKDN refers to the conditions set out by the Minister of Industrial Affairs wing with fixed values based on the procurement of goods/services as set forth in the regulations of the Minister.
51. The provisions of article 96 paragraph (2), and between paragraphs (2) and paragraph (3) is inserted 1 (one) verse, namely subsection (2a), so the Article 96 reads as follows: article 96 (1) Price Preferences for goods/services in the country imposed on the procurement of goods/services financed foreign loans through the International Auction.
(2) Price Preferences for goods/services in the country put in place for the procurement of goods/services funded purely rupiah, with the following conditions: a. up to December 31, 2013, for the procurement of goods/services worth above Rp. 5,000,000,000.00 (five billion dollars);
b. Starting January 1, 2014, for the procurement of goods/services worth above Rp. 1,000,000,000.00 (one billion dollars);
(2a) Price preference for domestic goods/services as referred to in paragraph (2) letter b, applies to products that are prioritized for development, established by the Minister of Government Affairs which hosts in the industry after receiving the consideration of the Minister/Leader of the technical Institution concerned.
(3) the preference Price is only given to the goods/services in the country with TKDN greater than or equal to 25% (twenty five percent).
(4) domestic production of the goods referred to in subsection (3), listed in an inventory list of goods/services domestic production issued by the Minister of Industrial Affairs in the wing.
(5) the price Preference for domestic production is highest 15% (fifteen per cent).
(6) the preference price for the construction work carried out by national Contractors is 7.5% (seven comma five percent) above the lowest offer price from foreign Contractors.
(7) the final Evaluation Price (HEA) is calculated with the following conditions: a. the preference for the domestic component of the goods/services is a component level within the country multiplied price preferences;
b. the preference price is taken into account in the evaluation of the bid that has fulfilled the requirements of administration and technical, including correction aritmatik;
c. calculation of the price of the final Evaluation (HEA) is as follows: 1 = 1 + xHP HEA KP HEA = price End Evaluation.

KP = coefficient of preferences (component level within the country (TKDN) multiplied by the highest preference of goods/services).

HP = bid price (offer price that meets the requirements of the auction and have been evaluated).
(8) in case there are 2 (two) or more deals with the same HEA, the bidder with the biggest TKDN is the winner.
(9) the granting of a preference Price as referred to in paragraph (1), does not change the offer price and only utilized by ULP for the purposes of the calculation of HEA to assign ratings winner of Auction/selection.

52. Among the Section 98 subsection (3) and subsection (4) is inserted 1 (one) verse, namely paragraph (3a), so the Article 98 reads as follows: article 98 (1) in the procurement of goods/services, PA/KPA is obligated to expand business opportunities for micro and small enterprises as well as small cooperatives.
(2) in the process of planning and budgeting activities, PA/KPA directing and setting the magnitude of procurement of goods/services to micro and small enterprises as well as small cooperatives.
(3) the value of Procurement work package/Other Services/construction work until Rp. 2,500,000,000.00 (two billion five hundred million rupiah), intended for micro and small businesses as well as cooperatives and small, except for packages of work that demands technical competency which cannot be met by micro and small enterprises as well as small cooperatives.
(3a) The arrangement referred to in subsection (3) for the procurement of Consultancy Services in the field of construction, specified by the Minister who performs construction services in the field of coaching after the consultees to LKPP.
(4) expansion of opportunities of micro and small enterprises as well as small cooperatives through procurement of goods/services are defined as follows: a. the beginning of each fiscal year, the PA/KPA plan procurement of goods/services with as many packages provided work for micro and small enterprises as well as small cooperatives; and b. PA/KPA deliver packets wing establishments to work micro and small businesses as well as a small cooperative in every province/district/city.
(5) the construction of micro and small enterprises as well as small cooperatives include efforts to improve the implementation of the partnership between the non-small businesses with micro and small enterprises as well as small cooperatives in the Office environment.
53. The provisions of article 99 clause (6) amended and paragraph (4) added one (1) letter that is the letter d, so that Section 99 reads as follows: article 99 (1) procurement of goods/services that are implemented through the auction/selection of fixed International provides an opportunity to the existence of goods/services Providers nationwide.
(2) provision of Documents through the auction/selection International is written in two languages, namely the Indonesian Language and the language of the United Kingdom.
(3) in case of different interpretation of the meaning of the document against the procurement referred to in paragraph (2), Indonesia-speaking document made reference.
(4) the procurement of goods/services financed by export credit, credit and/or grants: a. done through healthy business competition;
b. performed with the most profitable country requirements, in terms of technical and price; and c. performed with maximize the use of domestic components and goods/services Providers nationwide.
d. for export credit Guarantee, submission of the implementation can be done after the contract is signed and declared effective, with the provisions of the warranty offer valid up to Guarantee implementation of the submission.
(5) the selection of providers of goods/services that are financed by export credit, other credit and/or grants, done within the country.
(6) in the Procurement Documents through the auction/selection international loading things as follows: a. the existence of cooperation between foreign goods/services Providers with the domestic industry, in terms of necessary and/or possible;
b. the existence of clear provisions regarding the procedures for the implementation of the transfer of skills, knowledge, expertise and skills, in terms of necessary and/or possible; and c. the terms that the entire procurement process wherever possible be carried out in the territory of Indonesia.
54. The provisions of article 102 added three (3) subsection i.e., paragraph (3), subsection (4), and subsection (5), so that Section 102 reads as follows: article 102 (1) foreign companies can participate in the procurement of goods/services with the following conditions: a. for the procurement of construction works with a value of above Rp. RP 100,000,000,000 (one hundred billion rupiah);
b. for Other procurement of goods/services with a value of above Rp. 20,000,000,000.00 (twenty billion rupiah);d 60s c. for the procurement of Consultancy Services with a value of above Rp. 2,000 10.000.000.000 (ten billion rupiah).

(2) foreign companies which carry out the work referred to in subsection (1), must do the same work effort with national companies in the form of partnerships, subcontracting and others, in which case there is a national company that has the ability in question.
(3) In terms of Other procurement of goods/services with a value of below Rp. 20,000,000,000.00 (twenty billion rupiah) may not be exercised by Other providers of goods/services from within the country, procurement of goods/services Other conducted through international auction (International Competitive Bidding) and announced in the website of the international community.
(4) In terms of Procurement Services Consultancy with values below Rp. 10,000,000,000.00 (ten billion rupiah) may not be exercised by the consultancy services provider in the country, procurement of Consultancy Services is done through international selection (International Competitive Bidding) and announced in the website of the international community.
(5) Procurement of goods/other services/service Consultation carried out through the international auction market or International Selection referred to in subsection (3) and subsection (4) are assigned based on the decision of the Minister of Defense.
55. Between paragraph (2) and paragraph (3) of article 108 is inserted 1 (one) verse, namely subsection (2a), and added one (1) subsection i.e., subsection (4), so that Article 108 reads as follows: article 108 (1) in the framework of E-Purchasing system, the electronic catalogue (E-Catalogue) at least contain technical information and prices of goods/services.
(2) electronic catalog System referred to in subsection (1) is organized by Kemhan and the TNI LPSE.
(2a) Goods/services that are listed in the electronic catalog set by LKPP.
(3) in the framework of management of electronic catalog system as referred to in paragraph (1), Kemhan and the TNI LPSE execute Contracts with Suppliers/Umbrella Service for certain goods/services.
(4) Kemhan/TNI do E-Purchasing goods/services against the already loaded in the system kalatog electronics.
56. The provisions of article 110 (2) and paragraph (3) are amended so that Article 110 reads as follows: article 110 (1) LKPP building and managing National Procurement Portal.
(2) Kemhan and the TNI is obliged to serve Public Plan procurement and Procurement announcements on the website Kemhan and the TNI and National Procurement Portal through LPSE.
(3) each Website Kemhan and the TNI is obliged to provide access to LKPP to obtain information Public Procurement Plans and announcements of procurement referred to in paragraph (2).
57. The provisions of article 112 amended so that Article 112 reads as follows: article 112 (1) Kemhan and the TNI is obliged to conduct surveillance against the PPK and the ULP/Procurement Officials in Kemhan environment and the AIR FORCE each, and assign the corresponding apparatus of internal auditing to audit compliance with the provisions.
(2) Kemhan and the TNI convene system whistleblowers of government procurement of goods/services in the framework of prevention of CCN.
(3) Conducting system whistleblowers as referred to in paragraph (2) coordinated by LKPP.
(4) The public can conduct surveillance against the implementation of Government procurement of goods/services.
58. The provisions of article 114 subsection (1) letter a, letter b, letter d and subsection (3), subsection (4) and paragraph (6) are amended so that Article 114 reads as follows: article 114 (1) of the Act or action of goods/services Providers be penalized are: a. the working group trying to influence the ULP/Procurement Officer/other parties authorized in form and in any way, either directly or indirectly to satisfy his desire that is contrary to the provisions and procedures that have been defined in the Document on the Procurement/Contracts , and/or provision of legislation;
b. conduct of collaboration with other goods/services Providers to set the bid outside the procedures of implementation of the procurement of goods/services, so as to reduce/inhibit/minimize and/or exclude the healthy competition and/or harming others;
c. create and/or deliver documents and/or other information that is not correct to meet the requirements of the procurement of goods/services specified in Procurement Documents;
d. resigned after income deadline deals or resign from the execution of the Contract for reasons that could not be accounted for and/or unacceptable by the ULP/Procurement Officials;
e. could not complete the work in accordance with the Contract responsibly; and/or f. based on the results of the checks referred to in Article 97, paragraph (3) found the existence of a discrepancy in the use of the goods/services of domestic production.
(2) the Act referred to in subsection (1), subject to sanctions in the form of: a. administrative sanctions;

b. the sanctions the inclusion in the Blacklist;

c. in the civil lawsuit; and/or d. reporting are criminal to the authorities.
(3) the grant referred to in paragraph (2) letter a, performed by PPK/ULP/working group in accordance with the provisions of the Procurement Officials.
(4) the sanctions referred to in paragraph (2) letter b, done by PA/KPA after gaining input from PPK/ULP/working group in accordance with the provisions of the Procurement Officials.
(5) The provisions referred to in paragraph (2) Letter c and the letter d, carried out in accordance with the laws.
(6) if found fraud/forgery over the information delivered goods/Services Provider, cancellation penalties as a potential winner, included in the Blacklist, and guarantee the procurement of goods/services are disbursed and deposited into the State Treasury.
(7) in the event of breach and/or fraud in the process of procurement of goods/services, the ULP: a. subject to administrative sanctions;

b. sued for damages; and/or c. reported in criminal.
59. The provisions of article 116 amended so that Article 116 reads as follows: article 116 in addition to the deed or action referred to in Section 114 subsection (1), goods/services Providers that are late to finish a job in a period of time as set out in the contract for goods/services providers are subject to a fine delay of 1/1000 (one thousandths of an) of the contract value or the value of the part of the contract for each day of delay.
60. The provision of article 120 paragraph (1) and paragraph (2) are amended so that Article 120 reads as follows: article 120 (1) Kemhan and the TNI to make Blacklisting as stipulated in article 114 paragraph (2) letter b, which contains the identity of the provider of the goods/services are subject to sanctions by the TNI and Kemhan.
(2) black list referred to in paragraph (1), contain: a. goods/services providers are barred from following the procurement of goods/services on Kemhan/TNI are concerned.
b. Goods/Services Providers are subject to sanctions by the State/Institution/Lender Grants on activities that fall within the scope of regulation of the Minister.
(3) Kemhan and the TNI handed the black list to LKPP for inclusion in the Blacklist.
(4) National black lists as referred to in paragraph (3), updated every moment and embodied in the national Procurement Portal.
61. The provision of article 126 subsection (2) amended so that Article 126 reads as follows: article 126 (1) mandatory ULP formed Kemhan and TNI at the latest on the fiscal year 2014.
(2) In terms of the ULP has not yet formed or haven't been able to serve the overall needs of procurement as provided for in this regulation of the Minister, PA/KPA Procurement Committee set to carry out procurement of goods/services.
(3) the Committee of procurement referred to in paragraph (2), has a membership requirement, basic tasks and authority as a requirement of membership, duty and authority of ULP working group.
Article II With the enactment of the regulations of the Minister: 1. all ULP ’ ‘ phrase except in article 8 paragraph (1), article 8 paragraph (4), article 9 paragraph (1) the letter I, Article 13 paragraph (1), article 13 paragraph (2), article 14 paragraph (1), article 81 paragraph (3), article 109 paragraph (1), article 109 paragraph (2), article 112, section 114 subsection (1) letter a and section 114 subsection (7) , Section 126 subsection (1), and section 126 subsection (2), then read ‘ working group ULP ’.
2. Procurement of goods/services are being carried out, followed by fixed based on conditions before changed under ministerial regulation.
3. The agreement/Contract signed before the entry into force of this regulation of the Minister, remain valid until the expiry of the agreement/contract.
4. The procedures for the selection of the Consultancy service providers in an environment of Kemhan and TNI are listed in Annex IV that is part an integral part of the regulation of the Minister.
5. The procedures for the implementation of the procurement of goods/services In Swakelola in an environment of Kemhan and TNI are listed in Annex V which are part an integral part of the regulation of the Minister.
6. Organization of the ULP in environmental Kemhan and the TNI will be specified by a decision of the Minister/Commander of the INDONESIAN Navy Cash/.
7. this Ministerial Regulation comes into force on the date of promulgation.

In order to make everyone aware of it, ordered the enactment of this Ministerial Regulation with its placement in the news of the Republic of Indonesia.
     Established in Jakarta on 2 April 2013, DEFENSE MINISTER PURNOMO YUSGIANTORO, INDONESIA Enacted in Jakarta on April 23, 2013, the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();