Regulation Of The Minister Of Marine And Fisheries The Number Per. 01/download/2012 Year 2012

Original Language Title: Peraturan Menteri Kelautan dan Perikanan Nomor PER.01/MEN/2012 Tahun 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50fd79ed108fc8313233323236.html

bn40-2012 fnHeader (); The text is not in the original format.
Back NEWS of the REPUBLIC of INDONESIA No. 40, 2011 REGULATIONS the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA NUMBER PER. 01/DOWNLOAD/2012 ABOUT goods/services PROCUREMENT ELECTRONICALLY in the ENVIRONMENT of the MINISTRY of MARINE and FISHERIES by the GRACE of GOD ALMIGHTY the MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, Considering: a. that to further enhance the efficiency, effectiveness, transparency, accountability, and healthy competition in the implementation of the procurement of goods/services in the environment of the Ministry of marine and Fisheries , and implement the provisions of the presidential regulation Number 54 in 2010 about Government procurement of goods/services as amended by presidential regulation Number 35 year 2011, needs to set the settings regarding the procurement of goods/services electronically in the environment of the Ministry of marine and Fisheries;
b. that based on considerations as referred to in letter a, the need to set a regulation of the Minister of marine and fisheries on the procurement of goods/services Electronically in the environment of the Ministry of marine and Fisheries;
Remember: 1. Act No. 17 of 2002 about the finances of the State (State Gazette of the Republic of Indonesia Number 47 in 2002 an additional Sheet of the Republic of Indonesia Number 4286);
2. Act No. 31 of 2004 concerning Fisheries (Gazette of the Republic of Indonesia Number 118 in 2004, an additional Sheet of the Republic of Indonesia Number 4433) as amended by law Number 45 in 2009 (State Gazette of the Republic of Indonesia year 2009 Number 154, additional sheets of the Republic of Indonesia Number 5073);
3. Act No. 27 of 2007 about management of Coastal Regions and small islands (Gazette Republic of Indonesia Number 84 in 2007, an additional Sheet of the Republic of Indonesia Number 5068);
4. Law number 11 Year 2008 of the information and electronic transactions (State Gazette of the Republic of Indonesia Number 58 in 2008, an additional Sheet of the Republic of Indonesia Number 4928);
5. Act No. 14 of 2008 about the openness of public information (State Gazette of the Republic of Indonesia Number 61 in 2008, an additional Sheet of the Republic of Indonesia Number 4846);
6. Presidential regulation Number 47 in 2009 about the formation and organization of the Ministries as amended Presidential regulation Number 76 in 2011;
7. Presidential regulation Number 24 of 2010 about the position, duties and functions of the Ministries as well as the Organization, duties and functions of the Echelon I Ministries as amended Presidential regulation Number 67 in 2010;
8. Presidential regulation Number 54 in 2010 about Government procurement of goods/services, as amended by presidential regulation Number 35 year 2011;
9. Presidential Decree Number 83/P in 2009 as amended by presidential decree number 59/P in 2011;
10. Regulation of the Minister of marine and fisheries the number PER 15/DOWNLOAD/2010 about the Organization and the Work of the Ministry of marine and Fisheries;
13. The decision of the Minister of marine and Fisheries the number KEP. 61/DOWNLOAD/2008 about the construction and development of management information system of the Department of marine and Fisheries;
14. The decision of the Minister of marine and Fisheries the number KEP. 26/DOWNLOAD/2011 about Clearing Unit of the Ministry of marine and Fisheries;
Notice: the regulation of Penitentiary policy of Government procurement of goods/service number 2 of 2010 about Procurement Services Electronically;
Decide: define: REGULATION of the MINISTER of MARINE and FISHERIES on the PROCUREMENT of goods/services ELECTRONICALLY in the ENVIRONMENT of the MINISTRY of MARINE and fisheries.
CHAPTER I GENERAL PROVISIONS article 1 the first part of Understanding In this Ministerial Regulation, is: 1. Government procurement of goods/services, hereinafter referred to the procurement of goods/services is an activity to obtain goods/services by the Ministry of marine and Fisheries which the process beginning from planning needs until the completion of the entire activity to obtain goods/services.
2. Procurement of electronic or e-Procurement is procurement of goods/services that are carried out with the use of information technology and electronic transactions in accordance with the provisions of the legislation.
3. The E-public Auction is the procurement of goods/services of the Government process of implementation is carried out by public auction openly, in order to obtain goods/services, with the bidding price is done once on the day, date, and time that have been specified in the procurement document, to find the lowest price possible without neglecting the quality and objectives that have been set, using electronic media based on web/internet by making use of communication and information technology facilities.
4. The institution of policies the Government procurement of goods/services, hereinafter called LKPP is the Government agency in charge of developing and formulating a policy on the procurement of goods/services.
5. Procurement Services electronically, hereinafter called LPSE is work unit at the Ministry of marine and Fisheries set up to organize service system procurement of goods/services electronically.
6. a commitment maker Officials hereinafter PPK is officials who are responsible for the implementation of the procurement of goods/services.
7. the procurement Committee is appointed by the user team budget/budget users to execute the power of selection providers of goods/services and certified skills of procurement of goods/services.
8. the Procurement Officer is personnel who have skills certificate procurement of goods/services that carry out procurement of goods/services.
9. certificate of goods/services procurement expertise is a sign of recognition of the evidence of the competence and ability of the profession in the field of procurement of goods/services incurred by LKPP.
10. the Procurement Services Unit, hereinafter abbreviated to ULP was a functioning Government organizational units carry out procurement of goods/services in the Ministry of marine and Fisheries permanent, can stand alone or attached to existing units.
11. Goods/Services Provider is an individual or business entity that provides goods/construction works/services/consultancy services etc.
12. Procurement System electronically, hereinafter abbreviated SPSE is a system that includes the application software or applications and the SPSE e-Procurement database developed by LKPP for use by LPSE and its infrastructure.
13. User SPSE is individual/business entity which has the right of access to the SPSE is represented by user id and password provided by LPSE.
14. User id is a unique identifier or name as a user's identity SPSE used to operate in the SPSE.
15. The Password is a collection of character or string used by the users of the system of procurement of goods/services Electronically to verify the user id in the SPSE.
16. national procurement Portal is a gateway to electronic information systems related to the procurement of goods/services information nationally managed by LKPP.
The second part of the goal and purpose of article 2 (1) of the regulation the Minister is intended as a legal basis in the procurement of goods/services electronically in the environment of the Ministry of marine and fisheries.
(2) the purpose of the preparation of the ministerial regulation is to further enhance the efficiency, effectiveness, transparency, accountability, and healthy competition in the procurement of goods/services in the environment of the Ministry of marine and fisheries.
The third part of article 3 Scope the scope of the regulation of the Minister include: a. procurement of goods/services in the environment of the Ministry of marine and fishery of the pembiayaannya either partially or completely sourced from the budget of the State Expenditures and Revenues.
b. procurement of goods/services funds sourced from the budget of the State Expenditures and Revenues referred to in subsection (1) includes procurement of goods/services some or all of their funds from loans or grants received by the Interior Ministry of marine and fisheries.
CHAPTER II INSTITUTIONAL part one General article 4 implementation of the procurement of goods/services electronically in the environment of the Ministry of marine and Fisheries involves: a. PPK;

b. LPSE;

c. ULP;

d. Official procurement of goods/services; and e. Goods/Services Providers.

The second part of article PPK 5 PPK (1) as referred to in article 4 letter a has the following duties and authority to: a. establish a plan of implementation of the procurement of goods/services that include: 1) technical specification of goods/services;

2) own estimates price; and 3) of the draft contract. b. publish the letter designation of providers of goods/services;

c. sign a contract;

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;
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 duties and powers referred to in subsection (1), in which case needed, 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 (aanwijzer) to assist the implementation of ULP; and d. set the magnitude of the down payment will be paid to providers of goods/services.
The third part LPSE LPSE article 6 referred to in article 4 subparagraph b has the following duties and authority to: a. facilitate PA/KPA announced general plans of procurement;

b. facilitate the implementation of the procurement announcement aired ULP;

c. facilitate the ULP or goods/services procurement officials carry out the selection of providers of goods/services electronically; and d. to facilitate goods/services providers and the parties concerned be user SPSE.
Article 7 LPSE organization Device as referred to in article 4 subparagraph b consists of: a. the head;

b. Secretariat;

c. Administrative Unit electronic systems;

d. registration and Verification Unit; and e. Implementers.

Article 8 (1) in carrying out the duties and powers referred to in article 6, LPSE run function: a. operating system services procurement of goods/services electronically; and b. the registration and verification of goods/services providers to ensure goods/services providers meet the requirements that apply. (2) has a domain address http://www.lpse.kkp.go.id LPSE.

Article 9 in the discharge of duties and authorities referred to in article 6 LPSE told PPK when found deviations of procedures the implementation of procurement of goods/services electronically, with copy to the Inspector General.

Article 10 in carrying out the functions referred to in article 8 are primarily in the management of SPSE, LPSE can: a. conduct coordination and consultation with other LPSE.
b. conduct coordination and consultation with the Directorate of e-Procurement LKPP.
c. ask advice changes necessary for the consummation of SPSE.
Article 11 to expedite the implementation of the e-Procurementdi environment of the Ministry of marine and fisheries, LPSE can partnership with other LPSE has had adequate infrastructure by participating in infrastructure utilization other LPSE.

The fourth part ULP article 12 (1) ULP as referred to in article 4 of the letter c has the following duties and authority to: 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 of the Ministry of marine and fisheries and the official bulletin board for 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. answering a disclaimer;

h. setting a provider of goods/services to: 1) the auction or Direct Appointment packages for procurement of goods/construction work/other services of value most highly IDR 100,000,000.00 (one hundred billion rupiah); or 2) selection or Direct Appointment packages for procurement services consultancy that most high-value Rp RP 10.000.000.000 (ten billion rupiah); i. submit a copy of the document the selection of providers of goods/services to a PPK;

j. keep the original documents the selection of providers of goods/services;

k. submit original documents the selection of providers of goods/services to the PA/KPA;
b. make a report regarding the results of the procurement process and to the Minister/Leadership Institute/Head Area/direction of the institution; and d. provide accountability for the implementation of the activities of the procurement of goods/services to the PA/KPA.
The fifth section of goods/services Procurement Officials Article 13 officials of the procurement of goods/services as referred to in article 4 letter d has the following duties and authority to: 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 of the Ministry of marine and fisheries and the official bulletin board for 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. assign the goods/services providers to: 1) the appointment of a person or the direct Procurement packages for the procurement of goods/other services/construction work which is worth most Rp. RP 100,000,000 (one hundred million rupiah); and/or 2) the appointment of a person or the direct Procurement packages for procurement of consultancy services which are valued highest Rp. RP 50,000,000 (fifty million rupiah);
h. submit original documents the selection of providers of goods/services to the PA/KPA;
i. report of the process and the results of the procurement to the Minister/Leadership Institute/Head Area/direction of the institution; and j. give responsibility over the implementation of the activities of the procurement of goods/services to the PA/KPA.
Article 14 in addition to the duties and authority of ULP and officials of the procurement of goods/services as stipulated in article 12 and article 13, in terms of the necessary procurement officials and ULP goods/services can propose to the PPK: a. changes to HPS; and/or b. a change in the technical specifications of the job.

The sixth section of goods/services Providers by article 15 (1) a provider of goods/services as referred to in article 4 letter e is obligated to fulfill the following requirements: a. enrol to LPSE and willing to do the verification in real basis by LPSE or authorized, prior to the goods/services providers be given the access code to enter into the system of electronic procurement;
b. meet the statutory conditions for the exercise of business/activity as a provider of goods/services;
c. have the expertise, experience, technical, and managerial ability to provide goods/services;
d. is not in the supervision of the Court, not bankruptcy, its business activities is not being stopped, and/or the Board of Directors acting for and on behalf of the company not being through criminal sanctions; e. legally has the capacity to sign contracts;
f. as taxpayers already fulfill the obligation of taxation in recent years, evidenced by attaching a photo copy of the proof of delivery Letter receipt (SPT) annual tax income tax (PPh) last year, and Tax Deposit letter (CNS) PPh Pasal 29;
g. within 4 (four) last year and never get a job providing goods/services in both the Government and private environment including experience subcontracting, unless the provider of the goods/services of the new stands less than 3 (three) years;
h. have the human resources, capital, equipment, and other facilities that are required in the procurement of goods/services; i. do not get listed in black;

j. have a fixed address and clear and reachable by post; and k. signed a Pact of integrity before implementation.
(2) a provider of goods/services from each individual person must meet the requirements referred to in subsection (1) unless the letter g.
(3) the provider of the goods/services that participation gives rise to conflict are prohibited from being a provider of goods/services.
CHAPTER III PROCEDURE for IMPLEMENTATION of the MECHANISM and the PROCUREMENT OF GOODS/services ELECTRONICALLY article 16 (1) PPK set plan packages work in technical specifications along with the SPSE goods/services, the estimated own price, and the draft contract and submitted to the Procurement Committee.
(2) the Committee of procurement on the basis of a determination referred to in subsection (1) prepared: a. job package category.
b. method of the selection of providers of goods/services and document supply, delivery includes: 1) evaluation methods the selection of providers of goods/services;

2) own estimates price;

3) qualification requirements;

4) type of contract;

5) schedule of implementation of the auction; election documents and 6).
(3) package of work and method of election referred to in subsection (2) further requested the approval of the PPK before inclusion in the website LPSE.
Article 17 (1) package of jobs and election methods referred to in article 16 which had incorporated and PPK'S approval was announced in the website LPSE by Committee of procurement.
(2) the announcement referred to in subsection (1) must be accessible to the public.
Article 18 (1) the prospective provider of goods/services will follow in the procurement of goods/services must get a right of access provided by the procurement Committee.
(2) Prospective providers of goods/services have earned the rights of access referred to in subsection (1) have the right to vote and register as a bidder on the job packages of interest.
(3) the registration of the participants of the auction as mentioned in subsection (2) is the agreement towards the document integrity Pact LPSE websites listed in.
(4) the prospective providers of goods/services have the right to download documents the procurement of goods/services in the website LPSE.
Article 19 (1) Prospective providers of goods/services can be requested online auction to the procurement Committee during the process of procurement of goods/services.
(2) in the event that required further clarification toward the procurement of goods/services that cannot be submitted online, the procurement Committee may carry out the process of explanation on site work.
Article 20 (1) Prospective providers of goods/services that already have access rights submit a bid online by bypassing the encryption/encoding file to offer a security application documents available in LPSE.
(2) Prospective providers of goods/services and carry out mandatory terms of use of the application referred to in subsection (1) on the website LPSE.
Article 21 (1) of the Committee for the procurement of goods/services do the opening bidding file downloading and file mendeskripsi a quote submitted online as stipulated in article 19 paragraph (1) and use the application security document.
(2) File the offer referred to in subsection (1) will be evaluated by the Committee for the procurement of goods/services in terms of administrative, technical, pricing, as well as the qualification done manually outside the SPSE.
(3) evaluation process referred to in subsection (2) may be made by requesting and checking all the documents original offer prospective providers of goods/services.
(4) the results of the assessment of the supply that goes back through the website delivered LPSE.

Section 22 Announcement prospective auction winner one package work on stage winner announcement based on the determination of the PPK, it automatically appears in the SPSE and sent through the email address of all participants of the auction.

Article 23 (1) in the event that the file cannot be opened, bidding organizers delivering mandatory procurement bidding files encrypted and which cannot be described to LPSE to do analysis.
(2) in the event that required further proceedings against the file the offer referred to in subsection (1), LPSE can deliver files to offer e-Procurement Directorate LKPP.
(3) can do an analysis file LKPP offer encrypted which can not be described with recommendations of measures that need to be done by the procurement Committee.
(4) the procurement Committee may perform his schedule for procurement of goods/services in a single package the job when there is a problem as mentioned in subsection (1).
Article 24 (1) of the Committee for the procurement of goods/services can conduct auctions in the event of technical failure or operational LPSE.
(2) in the event of the repeated auction is conducted, the organizers had to cancel the procurement auction process on one package of work in progress to the reasons the auction by entering the SPSE republished into LPSE website with copy to all participants of the auction has bids.
Article 25 (1) a disclaimer against the process of procurement of goods/services may be submitted only one (1) time by a bidder on one package of work done online via the SPSE.
(2) an answer to the Committee the procurement of goods/services against incoming disclaimer referred to in subsection (1) is given after the deadline time-.
(3) in case there are-appeals submitted by participants of the auction, proceedings against-appeal conducted outside the SPSE and submitted by participants of the auction to the goods/services procurement officials.
(4)-appeal referred to in subsection (3) would stop the auction stage of goods/services at a later stage.
Article 26 (1) Procurement Processes in one package is considered finished goods/services in terms of: a. procurement of goods/services Committee set the auction winner;
b. the winner announcement auction goods/services delivered to all participants of the auction; and c. the time-expired.
(2) the SPSE will automatically send a notification to the winner of the auction and asked to complete the process subsequently conducted outside the SPSE.
(3) the winner of the auction one package of work referred to in subsection (2) further signing of contract goods/services procurement work accompanied documents offer goods/services with original PPK conducted outside the SPSE.
(4) the announcement of the winner of the auction of goods/services in the SPSE have to be known to the public.
Article 27 the winners auction procurement of goods/services is obligated to complete the work in accordance with that stated in the contract for the procurement of goods/services.

Article 28 (1) in the implementation of the procurement of goods/services electronically methods used are: a. the method of public auction e-pascakualifikasi with 1 (one) file;

b. method of public auction e-pascakualifikasi with 2 (two) files;

c. methods of e-public auction prequalification with 1 (one) file;

d. methods of e-public auction prequalification with 2 (two) files.
(2) the PPK, LPSE, ULP, officials of the procurement of goods/services, and goods/services providers as well as other parties involved in the procurement of goods/services electronically must adhere to ethics as set forth in the procurement regulations.
(3) in addition to complying with the procurement ethics as referred to in paragraph (2), PPK, ULP/goods/services procurement officials, and goods/services providers are also obliged to: a. maintain confidentiality and prevent misuse of access codes in the form of user id and password of the parties; and b. maintain confidentiality and prevent the abuse of electronic data and information are not intended for the general public.
Article 29 PPK, LPSE, ULP, officials of the procurement of goods/services, the provider of goods/services, and the parties involved in the procurement of goods/services are prohibited: a. interfere with, disrupt, or damage the system of procurement of goods/services electronically; and b. steal information, manipulate data, and/or cheat in the procurement of goods/services electronically that can affect the purpose of procurement.
Article 30 the mechanism and procedure for implementation of e-public auction as stipulated in article 28 is performed according legislation.

CHAPTER IV TRANSITIONAL PROVISIONS article 31 With the establishment of this Ministerial Regulation, the process of procurement of goods/services with a value of over us $200 million (two hundred million rupiah) in all work units of the Ministry of marine and Fisheries to be held in electronic auctions (e-Procurement) beginning in 2012.

Article 32 (1) in case of the ULP has not yet formed or haven't been able to serve the overall needs of the procurement of goods/services as set forth in the regulations of the Minister, then PA/KPA can assign a Committee to carry out the Procurement procurement of goods/services.
(2) the Committee of procurement referred to in paragraph (2), has the duty and authority of ULP as duties and authorities.
Chapter V CLOSING PROVISIONS Article 33 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 January 6, 2012, MINISTER of MARINE and FISHERIES of the REPUBLIC of INDONESIA, SHARIF c. SUTARDJO Enacted in Jakarta on 9 January 2012 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();