Regulation Of The Minister Of Foreign Affairs Number 6 In 2011

Original Language Title: Peraturan Menteri Luar Negeri Nomor 6 Tahun 2011

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50eb82d610970d313233313536.html

BN 429-2011 fnHeader (); The text is not in the original format.
Back NEWS REPUBLIC of INDONESIA No. 429, 2011PERATURAN FOREIGN MINISTER of the REPUBLIC of INDONESIA number 06 in 2011 ABOUT the GUIDELINES and PROCEDURES for the PROCUREMENT of goods/services the GOVERNMENT of the REPUBLIC of INDONESIA OVERSEAS by the GRACE of GOD ALMIGHTY the FOREIGN MINISTER of the REPUBLIC of INDONESIA, Considering: a. that in order to implement the provisions of article 114 of the regulation of the President of the Republic of Indonesia Number 54 in 2010 about Government procurement of goods/services needed regulation of the Minister of Foreign Affairs of governing procurement of goods/services of the Government of the Republic of Indonesia abroad;
b. that based on considerations as referred to in letter a, the need to establish Regulations the Secretary of State about the guidelines and procedures for the procurement of goods/services the Government of the Republic of Indonesia abroad;
Remember: 1. Law Number 37 year 1999 concerning foreign relations (State Gazette of the Republic of Indonesia year 1999 Number 156, additional sheets of the Republic of Indonesia Number 3882);
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. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional State Gazette Number 4916);
5. Government Regulation Number 29 in 2000 on the Organization of construction services as amended last by the Government Regulation Number 59 in 2010;
6. 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;
7. Presidential regulation Number 54 in 2010 about Government procurement of goods/services;
8. Presidential Decree Number 42 of 2002 on the implementation of the budget of the State Expenditures and Revenues as amended last presidential regulation Number 53 in 2010;
9. The decision of the President of the Republic of Indonesia Number 108 in 2003 about the representative organizations of the Republic of Indonesia abroad;
10. The decision of the Minister of Foreign Affairs of the Republic of Indonesia Number SK 06/A/OT/VI/2004/01 in 2004 about the Organization and the work of the representative of the Republic of Indonesia;
Decide: define: REGULATION of the MINISTER of FOREIGN AFFAIRS on GUIDELINES and PROCEDURES for the PROCUREMENT of goods/services the GOVERNMENT of the REPUBLIC of INDONESIA abroad.
CHAPTER I GENERAL PROVISIONS of the first part of understanding and terms article 1 In this regulation of the Minister of Foreign Affairs is: 1. The representative of the Republic of Indonesia abroad who hereafter are representative of diplomatic representatives and Consular Representatives of the Republic of Indonesia which officially represent and fight for the interests of the nation, the State, and the Government of the Republic of Indonesia in its entirety in the recipient country or in international organisations.
2. The head of the Representation of the Republic of Indonesia abroad who hereafter with the Chief Representative is the Ambassador Extraordinary and Plenipotentiary, Permanent Representative of the Republic of Indonesia, the power of the Business Remains Business, power temporarily, Consul General, Consul, or Acting (Acting) Chief of Consular Representation that each lead representative in the recipient country or Region or international organizations.
3. Government procurement of goods/services abroad is an activity to obtain goods/services Government used abroad, the process starts from planning needs until the completion of the entire activity to obtain goods/services.
4. Budget Users hereinafter PA is the holder of the official authorities of the use of the budget of the Ministries/Agencies/units of the device Work areas or the Officials identified at other institutions BUDGETS/BUDGET Users.
5. The power of the Budget Users hereinafter KPA is the official designated by the PA to use the NATIONAL BUDGET or set by the head of the Region to use the GRANT.
6. a Commitment Maker Officials hereinafter PPK is defined by the KPA officials, responsible for the implementation of the procurement of goods/services.
7. the Working Group on Procurement/Procurement Officials are groups/personnel who have Skills Certificate procurement of goods/services that carry out procurement of goods/services.
8. The Committee/Official Receiver Work is organizing Committee/officials designated by KPA, in charge of checking and accepting the results of the work.
9. Head Kanselerai is diplomatic and Consular Officials the most high degree lasting after the head of the Diplomatic representative or Consular Officials and others who perform the functions of coordination, managing the diplomacy, and the organizers in charge of administration and kerumahtanggaan Representatives established by the Minister of Foreign Affairs as well as accountable to the head of representation.
10. Home Staff are the Chairman, Managing and Supporting elements are Elements that are assigned in a representative based on the decision of the Minister of Foreign Affairs.
11. Local Employees are not Employees who are hired on the basis of employment contract for a specified period, in order to perform certain tasks on the representation.
12. Indonesia Community abroad is student association and Student Indonesia, Indonesia, Labor Associations and community groups Indonesia more.
13. Goods/Services Provider is an individual or business entity that provides goods/construction works/services/consultancy services etc.
14. the stuff is any good things tangible or intangible, movable or immovable, which can be traded, worn, used or exploited by Users of the goods.
15. Construction work is the entire work related to the implementation of the construction of buildings or other physical form of creation.
16. Services consultancy professional services is in need of specific expertise in various fields which give priority to the existence of a sport thought (brainware).
17. 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.
6. certificate of goods/services Procurement Expertise is proof of recognition from the Government over the competence and ability of the profession in the field of procurement of goods/services.
19. Swakelola is work planned, executed, and/or supervised by Representatives as person in charge of the budget, other government agencies and/or community groups.
20. The procurement of goods/services through providers of goods/services is the work carried out by the business entity or individual person qualified.
21. The procurement Documents is a document which is specified by the Working Group on Procurement/Procurement Officials with information and conditions that must be adhered to by the parties in the process of procurement of goods/services.
22. 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.
23. 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.
24. Public Selection is a method of the selection of Consultancy services provider for jobs which can be followed by all service providers qualified Consultancy.
25. Direct Procurement is procurement of goods/services directly to the providers of goods/services, without going through the auction/selection/Appointment Directly.
The second part of the goal and purpose of article 2 (1) the meaning of the enactment of the regulations the Secretary of State is to carry out the mandate in article 114 of the regulation of the President of the Republic of Indonesia Number 54 in 2010 about Government procurement of goods/services.
(2) the purpose of the enactment of this Secretary of State Regulation is: a. to provide guidelines and procedures for the parties concerned in the process of procurement of goods/services abroad;
b. to bridge the President of the Republic Indonesia Regulation Number 54 in 2010 about Government procurement of goods/services with a variety of procurement rules that apply in the country where local Representatives are.
The third part of article 3 Scope the scope of the Regulations the Secretary of State this is the procurement of goods/services pembiayaannya Government partially or completely sourced from the STATE BUDGET for the needs of Government BUDGETS/RI abroad.

Article 4 implementation of the procurement of goods/services done by: a. Swakelola, and/or b.  through goods/services Providers.

Article 5 procurement of goods/services of the Government are held based on the regulation of the Minister of Foreign Affairs include: a. the goods;

b. construction work;

c. Consultancy Services; and d.  Other Services.

CHAPTER II ORGANIZATION of the PROCUREMENT of goods/services of the first part of the implementing Organization of provision of article 6 (1) the Organization of the procurement of goods/services for the procurement of goods/services Providers through consists of: a. KPA;

b. PPK;

c. Working Group on Procurement/Procurement Officials; and d.  Organizers/Official Receiver Work.
(2) the Organization of the procurement of goods/services for procurement through Swakelola consists of: a. KPA;

b. PPK; and c.  Organizers/Official Receiver Work.
The second part of the Official maker of Commitment article 7 (1) PPK is Home Staff or other civil servant designated by PA/KPA to carry out procurement of goods/services.

(2) in case there is a shortage of Staff at the Home number of a representative Head can Kanselerai then served as PPK.
(3) the PPK as referred to in paragraph (1) and (2) must meet the requirements in accordance with the regulations of the President of the Republic of Indonesia Number 54 in 2010 unless the requirements in article 12 in paragraph (3) grain b.
The third section of the Procurement Working Group on article 8 (1) Procurement Working Group established by the KPA.

(2) the Procurement Working Group in charge of carrying out the selection of providers of goods/services.

(3) the members of the Working Group on Procurement was not serving as a financial Manager or PPK.
(4) the Working Group Procurement totaled gasal consists of at least three (3) person Home Staff and may be supplemented in accordance with the complexity of the job, and can be assisted by a team of technical explanation of the giver (aanwijzer).
(5) in the case of limited amount of Home Staff representatives, members of the Working Group on Procurement can consist of Home Staff and Local Employees are judged capable of by KPA.
(6) in the case of limited number of personnel Representatives that have a certificate of expertise Procure goods/services only the Chairman of the Working Group on Procurement has required a certificate of goods/services Procurement expertise.
The fourth part Procurement Officials article 9 (1) the Procurement Officer is an Employee of the local Staff, Home or other overseas Employees established by the PA/KPA.
(2) the Procurement Officer referred to in subsection (1) have a certificate of goods/services Procurement Expertise.
Part five of the Committee/Officials of the recipient Work article 10 (1) Organizers/Official Receiver Work defined by the KPA.
(2) the members of the Committee/officials of the recipient of the Work comes from the staff representative or Local Employees.
CHAPTER III PROCEDURES for the PROCUREMENT of goods/services the first procurement of goods/services section 11 (1) procurement of goods/services of the Government of the Republic of Indonesia abroad in principle be carried out in accordance with the provisions in the regulations of the President of the Republic of Indonesia Number 54 in 2010 about Government procurement of goods/services.
(2) in the case of the provisions referred to in subsection (1) cannot be implemented because of differences with the local State regulations the regulations President Republic of Indonesia Number 54 in 2010 then the implementation of the procurement of goods/services abroad can adjust to conditions local country regulations with still give priority to national interests and values based on the procurement of goods/services in chapter II of the regulation President Republic of Indonesia Number 54 in 2010.
(3) Adjustments to the provisions and regulations in local State as referred to in paragraph (2) are defined by the head of the Representation of the Republic of Indonesia in the form of technical instructions.
The second part of the procurement of goods/services through the Swakelola article 12 (1) KPA set implementation of the procurement of goods/services in Swakelola to the work of the national day celebrations, visits of Heads of State/Government/the State High Institutions/ministerial delegation, promotion, dissemination, and the activities of which are regulated in the regulations of the President of the Republic of Indonesia Number 54 in 2010.
(2) Swakelola referred to in subsection (1) may be exercised by the Representatives of the Republic of Indonesia, other Agencies and/or community Indonesia abroad.
The third part of procurement of goods/services through providers of goods/services the first paragraph General Public Auction/selection of article 13 1.  The selection of goods/services providers with value equivalent Rp 250,000,000.00 (two hundred and fifty million rupiah) is done through the methods of Public Auctions or other procedures which are competitive in accordance with the regulations of the local State.
2. The selection of providers of construction works with a value of Rp equivalent 500,000,000.00 (five hundred million rupiah) is done through the methods of Public Auctions or other procedures which are competitive in accordance with the regulations of the local State.
3. The selection of the consultancy service providers with equal value Rp 250,000,000.00 (two hundred and fifty million rupiah) is done through Public Selection method or other Ordinances which are competitive in accordance with the regulations of the local State.
The second paragraph of the direct procurement of articles 14 (1) procurement of goods/services/consultancy services with a value of up to the equivalent of Rp 250,000,000.00 (two hundred and fifty million rupiah) and the procurement of construction works of up to the equivalent of Rp 500,000,000.00 (five hundred million rupiah) can be done through Direct Procurement. (2) Direct Procurement referred to in paragraph (1) was carried out by Procurement Officials.
(3) Procurement directly above that value in paragraph (1) was carried out after obtaining written consent of the head of representation.
(4) the procurement of goods/services as in subsection (1) is carried out on the basis of its own Estimates Price (HPS) compiled and codified by PPK on the basis of the results of observation and a competitive market price.
The third paragraph announcement article 15 (1) announcement of the implementation of procurement of goods/services on Representation can be implemented at the moment: a. work plan and budget was approved by representatives of the Ministry of Foreign Affairs; or b.  Checklist of implementation of the budget (DIPA)/Dokumen implementation of the budget of the Republic of Indonesia Representatives have passed.
(2) in the case of procurement working group will conduct the auction/selection after work and budget plan Representatives approved, but not yet ratified, DIPA, the announcement of the auction/selection is done by listing the conditions not yet ratified DIPA.
(3) the implementation of a compulsory Auction/selection is announced publicly by announcing widely in: a. Representative website;
b. National Procurement Portal through Procurement Services Electronically (LPSE) for allowing procurement followed by goods/services Providers Nationwide; and c.  the official bulletin board representation.
(4) the announcement of Auction/selection as mentioned above can be expanded in other media like special procurement website in local State and local print media.
(5) the election results after the goods/services Providers established mandatory announced openly and widely in: a. Representative website; and b.  the official bulletin board representation.
The fourth part of the Honorarium/Benefits Profession PPK article 16, Member of the Working Group of procurement, Procurement Officials and Organizers/Official Receiver Work entitled to receive honorarium established by the KPA in accordance with the applicable provisions.

CHAPTER IV article 17-DISCLAIMER the appeal addressed to the head of representation.

Chapter V CERTIFICATION Article 18 the head of Representation can include Home Staff and/or Local Employees in the human resources training programme in the field of procurement to obtain certificates of Expertise Procure goods/services incurred by the institution of a policy of Government procurement of goods/services (LKPP).

CHAPTER VI miscellaneous PROVISIONS article 19 (1) a representative Head must get written permission before doing any Secretary of State procurement of goods/services for construction works of the building that has become the State-owned assets and rights which resulted in changes to: a. a physical structure, b., c., d. display design, e. functionality, and/or f.   value. (2) in case of goods/services required from Indonesia, pengadaannya can be done by the ULP K/L/D/I.

CHAPTER VII PROVISIONS COVER article 20 the provisions of Government procurement of goods/services in a foreign country, other than those provided for in this regulation, remain subject to the Regulations of the President of the Republic of Indonesia Number 54 in 2010 about Government procurement of goods/services.

Article 21 at the time of the enactment of this Secretary of State Regulations, all regulations governing procurement of goods/services of the Government of the Republic of Indonesia abroad, stated does not apply.

Article 22 of the regulation of the Minister of Foreign Affairs is applicable since promulgation.

In order to make everyone aware of it, ordered the enactment of regulations the Secretary of State this with its placement in the news of the Republic of Indonesia.

Established in Jakarta on July 19, 2011 MINISTER of FOREIGN AFFAIRS of the REPUBLIC of INDONESIA, R.M. MARTY m. NATALEGAWA Enacted in Jakarta on July 19, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR fnFooter ();