The Regulation Coordinating Minister For People's Welfare Numbers 1 2014

Original Language Title: Peraturan Menteri Koordinator Bidang Kesejahteraan Rakyat Nomor 1 Tahun 2014

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c519e6510908650313233363536.html

BN 296-2014. doc REPUBLIC INDONESIA No. 296, 2014 KEMENKO KESRA. Procurement Services Unit. Goods/Services. The Government. The REGULATION COORDINATING MINISTER for PEOPLE'S WELFARE of the REPUBLIC of INDONESIA number 01 by 2014 ABOUT PROCUREMENT SERVICES UNIT of the MINISTRY of PEOPLE'S WELFARE COORDINATING with the GRACE of GOD ALMIGHTY COORDINATING MINISTER for PEOPLE'S WELFARE, REPUBLIC of INDONESIA Considering: a. that to implement the provisions of article 14 of the regulation President Number 54 in 2010 about Government procurement of goods/services and article 130 presidential regulation Number 70 in 2012 about the second amendment Above presidential regulation Number 54 in 2010 about Government procurement of goods/services Field Coordinator, the Ministry of people's welfare needs to establish a Procurement Service Units providing services/coaching in the areas of procurement of goods/services; b. that based on considerations as referred to in letter a, the need to establish the Regulation Coordinating Minister for people's Welfare Ministry Procurement Services Unit of Coordinating people's welfare; 2014 www.djpp.kemenkumham.go.id, no. 296 2 Remember: 1. 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); 2. 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); 3. Act No. 3 of 2004 concerning the examination of the management and financial responsibility of the State (State Gazette of the Republic of Indonesia Number 66 in 2004, an additional Sheet of the Republic of Indonesia Number 4400); 4. Act No. 39 of 2008 of the Ministry of State (State Gazette of the Republic of Indonesia Number 166 in 2008, an additional Sheet of the Republic of Indonesia Number 4916); 5. Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of the Republic of Indonesia Number 20 in 2006, an additional Sheet of the Republic of Indonesia Number 4609) as amended by the Government Regulation Number 38 in 2008 about the changes to the Government Regulation number 6 in 2006 about the management of Goods belonging to the country/region (State Gazette of Republic of Indonesia in 2008 Number 78 Additional Sheets, the Republic of Indonesia Number 4855); 6. Presidential Decree Number 42 in 2002 about the guidelines of the implementation of Budget revenue and Expenditure of the State, as amended by regulation of the President Number 53 in 2010 about the second amendment above Presidential Decree Number 42 in 2002 about the guidelines of the implementation of the budget of the State Expenditures and Revenues; 7. Presidential regulation Number 47 in 2009, on the establishment of Ministries and organizations as amended Presidential regulation Number 55 by 2013 regarding changes to the four Top presidential regulation Number 47 in 2009, about the establishment and organization of the Ministries; 2014 www.djpp.kemenkumham.go.id, no. 296 3 8. 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 56 2013 regarding changes to the Top of the fourth President of the Republic Indonesia 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; 9. Presidential regulation Number 54 in 2010 about Government procurement of goods/services as amended by presidential regulation Number 70 in 2012 about the second amendment Above presidential regulation Number 54 in 2010 about Government procurement of goods/services; 10. Regulations of the Coordinating Minister for people's welfare Numbers 24/PER/COORDINATING/KESRA/VII/2010 about the Organization and the Work of the Ministry for Coordinating people's welfare; Decide: Define: REGULATION Of COORDINATING MINISTER For PEOPLE'S WELFARE MINISTRY PROCUREMENT SERVICES UNIT Of COORDINATING PEOPLE'S WELFARE. The sense of article 1 In this ministerial regulation is: 1. People's Welfare Coordinating Ministry are hereinafter referred to as Kemenko is a Ministry in charge of Kesra helps the President in synchronize and coordinate the planning, preparation, and implementation of policies in the field of the welfare of the people. 2. Procurement Services Electronically which hereafter LPSE is a work unit that was formed to organize service system procurement of goods/services electronically. 3. Internal auditing the Government Apparatus are hereinafter referred to as the Inspectorate APIP was formed with the task of carrying out internal auditing in the Kesra Kemenko. 2014 www.djpp.kemenkumham.go.id, no. 296 4 4. Agency Procurement Policies Government 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. 5. Goods/Services Government Procurement hereinafter referred with procurement of goods/services is an activity to obtain goods/services by Kemenko Kesra process starting from the planning requirements until the completion of the entire activity to obtain goods/services 6. Budget users hereinafter PA is the Coordinating Minister for people's welfare as the Official holder of the use of budgetary authority Kemenko Kesra. 7. Users of the goods/services is coordinating Minister for people's welfare as the Official holders of authorizations of the use of the goods and/or services in the State-owned Kemenko Kesra 8. The power of the budget Users hereinafter KPA is the Official designated by the PA to use the Kesra Kemenko budget. 9. a Commitment Maker Officials hereinafter PPK is officials who are responsible for the implementation of the procurement of goods/services. 10. The Procurement Services Unit the kesra Kemenko hereinafter the ULP was a functioning Government organizational units carry out procurement of goods/services in permanent kesra Kemenko attached to the Subsections in the section on equipment and Supplies households, General Bureau. 11. The Working Group further called Pokja is a group of personnel who have a certificate of goods/services procurement expertise appointed by the user the user's Power Budget/Budget to carry out the procurement of goods/services. 12. Goods/Services Provider is an individual or business entity that provides goods/construction works/services/Consultancy Services etc. 13. 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. www.djpp.kemenkumham.go.id


2014, no. 296 5 14. 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. 15. the 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. 16. The Secretariat Procurement Services Unit is in charge of providing Secretariat facilities and infrastructure supporting the implementation of the procurement of goods/services. The purpose of article 2 Purpose the establishment of ULP is to ensure the implementation of the procurement of goods/services more integrated or integrated in accordance with procurement values. Article 3 seat of the ULP permanently attached to the Subsections in the section on equipment and Supplies households, Public Agency, Kemenko Kesra. The scope of article 4 scope of ULP includes implementation of procurement of goods/services to: a. procurement of goods/other services/construction work with a value of above Rp. RP 200 (two hundred million rupiah); b. procurement of consultancy services with a value of above Rp. RP 50,000,000 (fifty million rupiah). the pembiayaannya partially or completely sourced from the budget of the State Expenditures and Revenue Duties article 5 basic tasks include: a. the ULP reassessment Plan Public procurement of goods/services along with PPK; b. drafting plans for the selection of goods/services Providers; c. announced the implementation of the procurement of goods/services at the website Kemenko Kesra and the official bulletin board for community, www.djpp.kemenkumham.go.id 2014, no. 296 of 6 as well as convey to LPSE to announced on National Procurement Portal; d. assess the qualifications of providers of goods/services through prequalification or pascakualifikasi; e. perform the evaluation of the administrative, technical and price against the incoming supply; f. answering a disclaimer; g. deliver election results and submit a copy of the document the selection of providers of goods/services to a PPK; h. save the original document the selection of providers of goods/services; i. proposed its own Estimates price change, Work/terms of reference of the technical specifications of the work and the draft contract to the PPK; j. made a report on the results of the Procurement process and to coordinating Minister for people's welfare; k. accountability over the implementation of the activities of the procurement of goods/services to the PA/KPA; b. develop and implement a strategy for the procurement of goods/services in an environment of ULP; d. carry out procurement of goods/service by using the system of procurement electronically in LPSE; n. implementing the evaluation of the process of procurement of goods/services that have been implemented; and o. manage procurement management information system which includes the provision of documents, survey data prices, goods/services needs list, blacklist providers. Authority of ULP Authority article 6 include: a. set the procurement documents; b. set the nominal quantity Assurance of supply; c. set the winner for: 1) the auction or Direct Appointment packages for procurement of goods/construction work/other services of value most highly the Rp 100,000,000,000.00 (one hundred billion rupiah); or www.djpp.kemenkumham.go.id 2014, no. 296 7 2) selection or Direct appointment packages for Procurement Services the most high-value Kosultansi Rp 10.000.000.000.00 (ten billion rupiah). d. proposed determination of winners to PA Kemenko kesra to Suppliers/Other Services/construction work worth above Rp 100.000.000.000.00 (one hundred billion rupiah) and Consultancy services provider which is worth over 10,000,000,000.00 (ten billion rupiah) through the head of ULP; e. proposed to PA/KPA so that goods/services Providers who perform deeds and actions such as fraud, forgery and other offences for inclusion in the list of penalized black; and f. provide administrative sanctions to the goods/services Providers who commit offences, deeds or actions as applicable in presidential regulation Number 54 in 2010 about Government procurement of goods/services with regulatory changes. Implementation of article 7 ULP carry out auctions auction electronically through LPSE. The organizational order of article 8 (1) ULP organization consists of: a. the head; b. Secretariat; and c. Working Group. (2) head, Secretariat, Secretary and member of the ULP Pokja appointed by coordinating Minister for people's welfare through a selection process which was carried out by a team of assessors. (3) the assessor Teams referred to in subsection (2) is composed of the elements of the PA, KPA and APIP Kesra Kemenko. The scope of the duties of the head of the ULP article 9 (1) the scope of the duties of the head of the ULP includes: a. lead and co-ordinate all activities ULP; b. develop and implement a strategy for the procurement of goods/services ULP; 2014 www.djpp.kemenkumham.go.id, no. 296 8 c. compiled a work programme and budget of ULP d. supervise the entire goods/services procurement activities in ULP and report if there is a discrepancy and/or indications of irregularities; e. accountability reporting for the implementation of the activities of the procurement of goods/services to the Coordinating Minister for people's welfare; f. assigning a member Pokja ULP in accordance with their respective workloads; g. proposed placement/removal/dismissal Pokja ULP to coordinating Minister for people's welfare and/or KPA; and h. proposed ULP support staff as needed. (2) the head of the ULP as referred to in paragraph (1) can concurrently and served as a member of Pokja ULP. The scope of duties of the Secretariat of the ULP article 10 (1) the scope of the tasks of the Secretariat of the ULP, include: a. the inventory packages that will be auctioned/selected; b. prepare supporting documentation and information required Pokja ULP; c. facilitating the implementation of the selection of goods/services provider implemented by Pokja ULP; d. and co-ordinate scheduled rebuttal delivered by providers of goods/services; e. manage system of procurement and procurement management data information systems to support the implementation of the procurement of goods/services; f. manage document procurement of goods/services; g. perform the evaluation of the implementation of the procurement and preparation of reports; and h. prepare and co-ordinate Teams of technical and support staff of the Secretariat procurement process in ULP goods/services. (2) the ULP Secretariat headed by a Secretary. (3) the Secretary referred to in subsection (2) may be concurrently and served as a member of Pokja ULP. www.djpp.kemenkumham.go.id


2014, no. 296 9 Scope Task Pokja ULP article 11 (1) the scope of the task Pokja ULP includes: a. conducting a phased against specifications and price Estimates its own packets that will be auctioned off/selection; b. proposed its own Estimates price change, Work/terms of reference of the technical specifications of the work and the draft contract to the PPK; c. drafting plans for the selection of goods/services Providers and set document procurement; d. did the selection of goods/services Providers ranging from announcements of qualifications or the auction up to answer-; e. proposed designation pememang to PA Kemenko Kesra to providers of goods/Construction Pekerjaaan/other Services worth over Rp 100.000.000.000.00 (one hundred billion rupiah) and Consultancy services provider which is worth over Rp 10.000.000.000.00,-(ten billion rupiah) through the head of ULP; f. assign winners to: 1) Auctions or Direct Appointment packages for procurement of goods/construction work/other services of value most highly the Rp 10.000.000.000.00 (one hundred milyuar dollars); or 2) selection or direct appointment packages for Procurement Services Consultancy that most high-value Rp 10,000,000,000.00 (ten billion rupiah). g. breaking news Event the results of the auction to the PPK through Head ULP; h. report of the process and the results of the procurement of goods/services to the head of ULP; i. provide data and information to the head of the ULP about the goods/services Providers who commit deeds like fraud, forgery and other offences; and j. proposed Technical Assistance Team and/or the team of experts to the head of ULP. (2) in carrying out his duties, the Chairman and every Member Pokja Pokja ULP has the same authority in decision making that is assigned based on votes. 2014 www.djpp.kemenkumham.go.id, no. 296 10 (3) the determination of the winner by Pokja ULP as referred to in paragraph (1) letter f, can not be contested by the ULP. (4) a member of the ULP Pokja can served and an officer Procurement outside the ULP. Layout of work article 12 (1) PPK mandatory procurement packages deliver the goods/services to the ULP is equipped with data support at least, include: a. a copy of the instructions for the Operational Activities; b. terms of reference of the working/technical specifications; c. Estimated Price; and d. the draft contract. (2) the PPK in delivering packages procurement of goods/services to ULP as referred to in paragraph (1) shall be furnished an affidavit that the package that will be auctioned is not revised. (3) compulsory coordination ULP and established a working relationship with the work unit echelons I and II which will utilize the goods/services are held and other related work units. (4) compulsory coordination ULP and established a working relationship with LKPP. Article 13 the working relationship with the unit of work that ULP will utilise the goods/services to be held include: a. the submission of periodic reports about the process and the results of the procurement of goods/services; b. provide guidance and instructions to the working unit in the preparation of the planning of the procurement of goods/services; and c. implementation guidelines or instructions for controlling the execution of procurement given PA. Article 2 ULP working relationship with LKPP include: a. the submission of reports on the results of the implementation of procurement of goods/services in accordance with the guidelines set out by LKPP; b. consultation in accordance with the requirements in the framework of the resolution of problems encountered in the process of procurement of goods/services; c. coordination in the execution of his duty; and 2014 www.djpp.kemenkumham.go.id, no. 296 11 d. delivery of inputs to the formulation of strategies and policies for the procurement of goods/services. Membership of article 15 (1) each Member of the ULP Pokja totaled gasal and consists of at least three (3) people and can be added according to the needs and the complexity of the job. (2) In assigning members of the ULP, ULP Head Pokja noticed kompentensi and track record Member Pokja ULP. The cover article 16 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 February 28, 2014 COORDINATING MINISTER for PEOPLE'S WELFARE AGUNG LAKSONO, INDONESIAN REPUBLIC Promulgated in Jakarta on March 5, 2014, MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id