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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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STATE NEWS
REPUBLIC OF INDONESIA

No. 429, 2011
REGULATIONS OF THE FOREIGN MINISTER OF THE REPUBLIC OF INDONESIA
NUMBER 06 YEAR 2011
ABOUT
GUIDELINES AND LAYOUT OF THE BARANG/SERVICE PROCUREMENT
THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ABROAD

WITH THE GRACE OF THE ALMIGHTY GOD

FOREIGN MINISTER OF THE REPUBLIC OF INDONESIA,

Weigh: a.   that in order to implement Article 114 of the Regulation of the President of the Republic of Indonesia No. 54 Year 2010 on the Procurement of Goods/Services required the Regulation of the Minister of Foreign Affairs which governs the procurement/services of the Government of the Republic of Indonesia Indonesia abroad;
B.   that based on consideration as referred to in the letter a, it needs to establish the Foreign Minister ' s Regulation on the Guidelines and the Governing Goods/Services of the Government of the Republic of Indonesia in Foreign Affairs;

Remembering: 1.   Act No. 37 of the Year 1999 on Foreign Relations (State Gazette of the Republic of Indonesia in 1999 No. 156, Additional Gazette of the Republic of Indonesia Number 3882);
2. Act Number 17 Year 2003 on State Finance (Sheet State Republic Of Indonesia In 2003 Number 47, Additional Sheet Of State Republic Of Indonesia Number 4286);
3. Act No. 1 Year 2004 on the State Treasury (State Sheet Indonesia 2004 Number 5, Additional Gazette Republic of Indonesia Number 4355);
4. Act No. 39 of 2008 concerning the Ministry of State (State Sheet of the Republic of Indonesia Number 166 in 2008, Additional leaf country number 4916);
5. Government Regulation Number 29 of 2000 on the Hosting of Construction Services as amended last with Government Regulation No. 59 of 2010;
6. Presidential Regulation No. 24 Year 2010 on Occupation, Duty, and Functions of the Ministry of State as well as the Susunan of the Organization, Duty and Functions of the Ministry of State;
7. Presidential Regulation Number 54 of 2010 on the Procurement of Government Goods/Services;
8. Presidential Decree Number 42 Year 2002 on the Implementation of the State Budget and Shopping Budget as amended last with the Presidential Regulation No. 53 of 2010;
9. Decree of the President of the Republic of Indonesia No. 108 of 2003 on the Organization of Representatives of the Republic of Indonesia in Foreign Affairs;
10.Decree of the Minister of Foreign Affairs of the Republic of Indonesia Number of SK 06/A/OT/VI/2004/01 of 2004 on the Organization and Works of the Representative of the Republic of Indonesia;

DECIDED:

Establish: FOREIGN MINISTER REGULATION ON THE GUIDELINES AND ORDER OF PROCUREMENT OF BARANG/SERVICES OF THE GOVERNMENT OF THE REPUBLIC OF INDONESIA ABROAD.

BAB I
UMUM PROVISIONS

The First Part
Notions and Terms

Section 1
In the Regulation of the Foreign Minister this is referred to:
1. Representative of the Republic of Indonesia in the next foreign country called Representative is the Diplomatic Representative and Representative of the Consular Republic of Indonesia which formally represents and championed the interests of the Nation, State, and Government of the Republic of Indonesia. The Republic of Indonesia as a whole in the State of the recipient or on the International Organization
2. Chief Representative of the Republic of Indonesia outside the country to be referred to with the Chief Representative is the Ambassador Extraordinary and Full-power, Permanent Representative of the Republic of Indonesia, Power of Fixed Effort, Power of Provisional Effort, Consul General, Consul, Or the Acting Chief of the Consular Representative who each leads a Representative in the State of the Recipient or the International Organization of Works or Organization.
3. Government Services abroad are activities to acquire Government Goods/Services used abroad, whose process is initiated from planning a need until it is completed all activities to obtain -Stuff.-Services.
4. The next version of the IBM SaaS User is an Authorized User or an Authorized User, as described in the IBM SaaS.
5. The subsequent Budget User power called the KPA is the official set by the PA to use the APBN or set forth by the Regional Chief to use the APBD.
6. The subsequent Commitment Service Officer called PPK is the official established by the KPA, responsible for the implementation of barang/service procurement.
7. Procurement/procurement work group is a group/personnel who have a Certificate of Granting Goods/Services that carry out barang/services procurement.
8. Panitia/Officials The Job Results are the committee/officials set by the KPA, tasked with checking and receiving work results.
9. Head of the Kanselerai is a Diplomatic Officer and a Consular is the highest of his diplomatic titles after the Chief Representative or Diplomatic Officer and another Consular Officer who carries out a function of coordination, acting diplomacy, and in-charge. The organizers of the administration and the House of Representatives are appointed by the Secretary of State and are responsible to the Chief Representative.
10.Home Staff is the Leader Element, the Managing Element and the Supporting Element Assigned in the Representative based on the Foreign Secretary's Decision.
11.Pegawai Locally is a non-permanent employee who is employed on the basis of a working contract for a particular period of time, in order to perform certain tasks in the Representative.
12.Public Indonesia abroad are the Indonesian Students and Students ' Association, the Indonesian Labour Association, and other Indonesian society groups.
"13.5" is a business entity or individual person who provides the construction/construction work/other services/services.
14.Item is any tangible, tangible, or non-movable, tangible, tangible object that can be traded, used, used, or used by the User of the Goods.
15.Work constructs are all occupations related to the execution of building or other physical forms.
The consultancies are professional services that require certain expertise in a variety of scientific fields that emphasize the presence of thought (brainware).
Another 17.Service is a service that requires a particular ability that priorates skills (skillware) in a widely recognized governance system in the world of businesses to complete a job or any work and/or The provision of services other than the services of the Consultancy Service, the implementation of Construction Work and
18.certificates of Goods/Services is a sign of the Government's recognition of the competency and skill in the procurement of barang/services.
19.SwakManaged is a planned, worked, and/or self-supervised work by the Representative as a budgeting charge, other Government agencies and/or community groups.
A service is a job that is performed by an entity or an individual person who is eligible for a particular purpose.
21.Document Procurement is a document defined by the Absence/Officials Working Group that contains information and conditions that the parties must obey in the barang/service procurement process.
The next term of the Cloud Service is a signed agreement between the IBM SaaS and the IBM SaaS.
23.3 The General Auction is the method of selection of the Construction Goods/Services Provider/Other Services for all work that may be followed by all other Construction/Construction Services/Services Providers eligible.
24.Selections General is the method of selecting the Consultancy Service Provider for the work that can be followed by all eligible Consultancy Service Providers.
The 25,Pengadaan Directly are the Absence Of Goods/Services directly to the Goods/Services Provider, without going through the Auction/Selection/Direct Appointment.

The Second Part
Intent and Purpose

Section 2
(1) The intent of conducting the Regulation of the Foreign Minister is to carry out the mandate in Article 114 of the Regulation of the President of the Republic of Indonesia No. 54 Year 2010 on the Procurement of Government Goods/Services.
(2) The purpose of this Foreign Minister Regulation is:
a.   to provide guidelines and manners for the parties related to the procurement of goods/services abroad;
B.   to bridge the Regulation of the President of the Republic of Indonesia No. 54 Year 2010 on the Procurement of Goods/Services by various applicable procurement rules in the local country where the Representative is located.

The Third Part
Scope

Section 3
The scope of this Foreign Minister's Regulation is the Acquisition of Government Goods/Services whose celebrations are partially or entirely sourced from APBN/APBD for the needs of the Government of the Republic of Indonesia.

Section 4
Implementation of the Goods/Services procurement is done in a way:
a.   Manage, and/or
B.   through the Goods/Services Provider.

Section 5
Government Goods/Services Services held under this Ministry of Foreign Ministers ' Regulations include:
a.   Goods;
B.   Construction Work;
C.   Service Consultancy; and
D.   Other Services.

BAB II
THE BARANG/SERVICE PROCUREMENT ORGANIZATION

The First Part
The Procurement Governing Organization

Section 6
(1) The Goods/Services Provisioning Organization for procurement through the Goods/Services Provider consists of:
a.   KPA;
B.   PPK;
C.   Procurement Working Group/procurement Officer; and
D.   Committee/Officials The Job Results.
(2) The Goods/Services Provisioning Organization for procurement through SwakManaged consists of:
a.   KPA;
B.   PPK; and
C.   Committee/Officials The Job Results.

The Second Part
The Commitment Officer Official

Section 7
(1) PPK is Home Staff or other civil servants assigned by PA/KPA to carry out the Absence Of Goods/Services.
(2) In case there is a shortage of Home Staff in the Representative then the Chief Kanselerai can serve as a PPK.
(3) The PPK as referred to in paragraph (1) and (2) must meet the requirements in accordance with the Regulation of the President of the Republic of Indonesia No. 54 Year 2010 except the requirements in Section 12 of the paragraph (3) of the item b.

The Third Part
The Procurement Work Group

Section 8
(1) The Procurement Working Group is set by KPA.
(2) The Governing Workforce is responsible for carrying out the selection of the Goods/Services Providers.
(3) The Governing Workforce member does not serve as a PPK or Financial Manager.
(4) The Working Group is a total of at least 3 (three) people's Home Staff and can be added to the complexity of the work, and can be assisted by a technical explanation team (aanwijzer).
(5) In terms of the limitations of Home Staff in the Representative, members of the Working Group may consist of Home Staff and the Local Employee assessed by the KPA.
(6) In the event of limitations of the number of Representative personnel who have a certificate of expertise/Services then only the Chairperson of the Job Manager is required to have a certificate of proficiency/Services proficiency.

The Fourth Part
Procurement Officials

Section 9
(1) The Procurement Officer is a Home Staff, a local employee or other employee outside the country set by the PA/KPA.
(2) The Absence Officer as referred to in paragraph (1) has the Certificate of Granting Of Goods/Services.

The Fifth Part
Committee/Officials The Job Results

Section 10
(1) The Panitia/Job Recipient Results is set by KPA.
(2) Members of the Panitia/Job Result Recipients are from the Representative or Local Employees staff.

BAB III
LAYOUT OF THE BARANG/SERVICE PROCUREMENT WAY

The First Part
Procurement of Goods/Services

Section 11
(1) The provision of the Government of the Republic of Indonesia abroad in principle is exercised in accordance with the provisions of the Decree of the President of the Republic of Indonesia No. 54 Year 2010 on the Procurement of Government Goods/Services.
(2) In terms of provisions as referred to in paragraph (1) cannot be implemented due to the differences in local state regulations with the Regulation of the President of the Republic of Indonesia No. 54 of 2010 then the implementation of the procurement of goods abroad. may conform to the provisions of the laws in the local state by maintaining national interest and guideline on the value of the Procurement of Goods/Services in BAB II Regulation of the President of the Republic of Indonesia No. 54 of 2010.
(3) Adjustment to the provisions of the laws in the local country as referred to in paragraph (2) is specified by the Chief Representative of the Republic of Indonesia in the form of a Technical Lead.

The Second Part
Procurement of Goods/Services through SwakManager

Section 12
(1) KPA specifies the implementation of the Governing Goods/Services SwakManaged Services for national day celebration work, State Head/Government Head visits/Ministerial level of Ministers, promotions, socialization, and activities set in Indonesia's Republic of Indonesia Regulation No. 54 Year 2010.
(2) SwakManager as referred to in paragraph (1) may be exercised by the Representative of the Republic of Indonesia, another Instancy and/or Indonesian society abroad.

The Third Part
Procurement of Goods/Services through the Goods/Services Provider

First paragraph
General auction/General Selection

Section 13
1. The selection of other goods/services providers with the equivalent value of Rp 250,000.000.00 (two hundred and fifty million rupiah) is performed through a method of General Auction or other methods that are competitive in accordance with the regulations in the local state.
2. The selection of a construction job provider with an equivalent value above Rp 500,000.00 (five hundred million rupiah) is performed through a method of General Auction or other methods that are competitive in accordance with regulations in the local state.
3. The selection of a consultancy services provider with an equivalent value of Rp 250,000.000.00 (two hundred and fifty million rupiah) is performed through the General Selection method or other methods that are competitive in accordance with the regulations in the local state.

Second paragraph
Immediate procurement

Section 14
(1) The existence of other services with value up to the equivalent of Rp 250,000.000.00 (two hundred and fifty million rupiah) and the procurement of construction work up to the equivalent of Rp 500,000.00 (five hundred million rupiah) can be done through the Immediate Absence.
(2) Direct Procurement as referred to in paragraph (1) is exercised by the Governing Officer.
(3) The Immediate Absence on that value in paragraph (1) is exercised upon receiving written consent from the Chief Representative.
(4) The existence of barang/services as in paragraph (1) is exercised under the estimated self-estimated Price (HPS) compiled and set forth by the PPK on the basis of the competitive results and market prices.

Third paragraph
Announcement

Section 15
(1) The announcement of the implementation of the procurement of goods/services in the Representative may be executed at the moment:
a.   The Working Plan and the Representative Budget have been approved by the Ministry of Foreign Affairs; or
B.   The Indonesian Republic of Indonesia's Budget Implementation (DIPA) list has been passed.
(2) In the case of the Working Group the Procurement will conduct the Auction/Selection after the Work Plan and the Representative Budget is approved, but the DIPA is not yet authorized, the announcement of the auction/selection is done by listing the conditions of the DIPA not yet authorized.
(3) The execution of the Auction/The mandatory selection is publicly announced by announcing it broadly in:
a.   website Representative;
B.   National Procurement Portal through Electronic Provisioning Services (LPSE) for the procurement that allows followed by the National Goods/Services Provider; and
c. Official bulletin board of the Representative.
(4) The announcement of the auction/Selection as it is above can be expanded in other media such as website special procurement in the local state and local print media.
(5) The results of the Goods/Services Provider election after it is set to be declared publicly and broadly at:
a.   website Representative; and
B.   Representative official bulletin board.

The Fourth Part
The Honorarium/Profession Allowance

Section 16
PPK, Member Of The Procurement Labor Group, Procurement Officer and Committee/Employment Recipients are entitled to receive an honorarium prescribed by the KPA in accordance with the terms applicable.

BAB IV
The DISCLAIMER

Section 17
The appeal is addressed to the Chief Representative.

BAB V
CERTIFICATION

Section 18
The Chief Representative may include the Home Staff and/or Local Employees in the human resources training program in the field of procurement to obtain a Certificate of Granting Of Goods/Services issued by the Policy Institute Government Goods/Services Procurement (LKPP).

BAB VI
OTHER LAIN-CONDITIONS

Section 19
(1) The Chief Representative must receive the Foreign Minister 's written permission before procuring the goods/services for the construction work of building buildings that have become the country' s asset and property rights resulting in the change:
a.   physical,
B.   structure,
C.   design,
D.   display,
e.   function, and/or
f.    Value.
(2) In terms of the required goods/services from Indonesia, its ubiquity may be performed by ULP K/L/D/I.

BAB VII
CLOSING PROVISIONS

Section 20
Overseas Government Goods/Services Procurement provisions, in addition to those set up in this regulation, remain subject to the Regulation of the President of the Republic of Indonesia No. 54 of 2010 on the Acquisition of Government Goods/Services.

Section 21
At the time of the enactment of this Foreign Minister Regulation, all the regulations governing the Government of the Government of the Republic of Indonesia outside the country, are declared not valid.

Section 22
This Foreign Minister ' s regulation is in effect since promulgated.

In order for everyone to know it, order the invitational of the Minister of Foreign Affairs with its placement in the News of the Republic of Indonesia.

Set in Jakarta
On July 19, 2011
FOREIGN MINISTER
REPUBLIC OF INDONESIA,

R.m. MARTY M. NATALEGAWA

Promulgated in Jakarta
On July 19, 2011
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

PATRIALIST AKBAR