Regulation Of The Minister Of Finance Number 157/fmd. 02/2013 2013

Original Language Title: Peraturan Menteri Keuangan Nomor 157/PMK.02/2013 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c5144180a30bea4313233343234.html

BN 1336-2013. doc REPUBLIC INDONESIA No. 1336, 2013 the MINISTRY of finance. The Contract Year Is Plural. Procurement. Goods/Services. Filing. The Ordinance. REGULATION of the MINISTER of FINANCE of the REPUBLIC of INDONESIA NUMBER 157/FMD. 02/2013 ABOUT CONTRACT APPROVAL SUBMISSION PROCEDURES YEAR PLURAL (MULTI YEARS CONTRACT) in GOVERNMENT PROCUREMENT OF GOODS/services with the GRACE of GOD ALMIGHTY the MINISTER of FINANCE of the REPUBLIC of INDONESIA, Considering: a. that in order the execution of the Contract approval Year Plural (Multi Years Contract) in the procurement of goods/services, the Government has assigned Minister of finance Regulation Number 194/FMD. 02/2011 Filing procedures for Approval of Contract Year Plural (Multi Years Contract) in Government procurement of goods/services; b. that in its development, to implementation of the provisions of article 52 paragraph (2) Presidential regulation Number 70 in 2012 about the second amendment Above presidential regulation Number 54 in 2010 About Government procurement of goods/services as well as Article 61 paragraph (2) and (3) the Government Regulation Number 45 2013 about Procedures the implementation of Budget revenue and Expenditure of the State, needs to be done upon the consummation of the regulation of the Minister of finance Number 194/FMD. 02/2011; www.djpp.kemenkumham.go.id 2013, no. 1336 2 c. that based on considerations as referred to in letter a and letter b, need to establish the regulation of the Minister of finance regarding the procedures for submission of the Contract Approval Year Plural (Multi Years Contract) in Government procurement of goods/services; 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. Government Regulation Number 20 in 2004 about the Government work plan (State Gazette of the Republic of Indonesia Number 74 in 2004, an additional Sheet of the Republic of Indonesia Number 4405); 4. Government Regulation Number 90 in 2010 about the preparation of the work plan and budget ministries/institutions (State Gazette of the Republic of Indonesia Number 152 of 2010, an additional Sheet of the Republic of Indonesia Number 5178); 5. Government Regulation Number 45 2013 about Procedures the implementation of Budget revenue and Expenditure of the State (State Gazette of the Republic of Indonesia Number 103 by 2013, an additional Sheet of the Republic of Indonesia Number 5423); 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 as it has several times changed the last presidential regulation Number 38 by 2013 (the State Gazette of the Republic of Indonesia by 2013 the number 90); 7. Presidential regulation Number 54 in 2010 about Government procurement of goods/services as it has several times changed the last presidential regulation Number 70 in 2012 (State Gazette of the Republic of Indonesia Number 155 in 2012, an additional Sheet of the Republic of Indonesia Number 4626); www.djpp.kemenkumham.go.id 2013, no. 1336 3 decide: define: REGULATION of the MINISTER of FINANCE REGARDING the PROCEDURES for SUBMISSION of the CONTRACT APPROVAL YEAR PLURAL (MULTI YEARS CONTRACT) in GOVERNMENT PROCUREMENT OF GOODS/services article 1 In this ministerial regulation is: 1. A contract is a written agreement between the Official Commitment Maker (PPK) and the provider of goods/services or implementing swakelola. 2. A contract is a contract that Plural Years implementation of the Budget of income funds to overload its work and State Spending (BUDGET) more than 1 (one) year budget. Article 2 (1) of the contract Year Plural for 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, procurement services and the cleaning service is done after the approval of the Minister/Chairman of the institution concerned. (2) Contracts for Multiple Years whose value Rp RP 10.000.000.000 (ten billion rupiah) and activities worth up to Rp 2,000 10.000.000.000 (ten billion rupiah) are not included in the criteria of the activities referred to in subsection (1) is carried out after obtaining the approval of the Minister of finance. (3) excluded from the provisions referred to in subsection (2), for the contract Year that Plural partially or completely financed from Foreign Loans/Grants (PHLN). Article 3 (1) the application for approval of a contract Year is plural as referred to in article 2 paragraph (2) presented by the Secretary/Chairman of the institution to the Minister of finance in conjunction with the submission of work plan and budget Ministries/institutions (RKA-KL) the fiscal year in question. (2) the filing of a petition referred to in subsection (1) must be equipped with: a. Absolute Liability Waiver (SPTJM) from users of the budget States that: www.djpp.kemenkumham.go.id


2013, no. 1336 4 1. Employment Contracts to be implemented across multiple Years have met the technical feasibility based on assessment/recommendation from institutions/technical team competent functional; and 2. availability of funds for implementation of the Contract Year extra that is not a Plural pagu (on top); b. waiver of Budget Users stating that: 1. the remainder of the funds not absorbed in the year in question will not be revised for use in the same fiscal year; and 2. procurement/acquisition of land/soil required to support infrastructure development already completed. (3) the completeness of the application for approval of a contract year is Plural as referred to in subsection (2) must meet the following conditions: a. equipped with phase and type of coverage of activities/employment overall, the length of time the job will be completed, and a summary of the estimated needs of budget per year. b. not allowed there is a document that shows the name of the potential participants and/or prospective auction winner. (4) an affidavit of sole responsibility (SPTJM) as referred to in paragraph (2) letter a is made according the format as contained in Appendix I which was part an integral part of the regulation of the Minister. (5) the affidavit referred to in paragraph (2) letter b made to format as listed in annex II which are part an integral part of the regulation of the Minister. (6) the Minister/Chairman of the institution can apply for Multiple Year Contract Agreement to the Minister of finance does not coincide with the submission of work plan and budget Ministries/institutions (RKA-KL) in terms of: a. kahar state occurs; b. carry out the policy of the Central Government; c. meet the mandate legislation; d. run the Court ruling which has magnitude. www.djpp.kemenkumham.go.id 2013, no. 1336 5 article 4 (1) of which there are Multiple Year Contract complexities in procurement/acquisition of land/soil, such as the infrastructure development work requires acquisition of land/soil in large numbers, such as airports, ports, roads, irrigation, electricity, transmission and rail, Budget Users must attach Absolute Liability Waiver (SPTJM) stating: a. the user budget will complete the procurement/acquisition of land/land simultaneously with the work of the infrastructure development in the period of the contract year is Plural; b. Budget Users will keep the implementation activities according to plan; and c. all costs arising as a result of the delay in completion of the work caused by the delay in the completion of the procurement/acquisition of land/soil can not be charged on the STATE BUDGET, except upon a court verdict which has magnitude. (2) an affidavit of sole responsibility (SPTJM) referred to in subsection (1) is made according the format as listed in Annex III which is an integral part of part of the regulation of the Minister. Article 5 (1) the processing of the settlement agreement the contract Year Plural conducted by the Directorate General of budget. (2) the process of settlement as intended in paragraph (1) will be conducted no later than 7 (seven) working days since the document is received in full. Article 6 (1) the Minister of finance may provide extension of approval of a contract Year in case of plural, certain conditions which caused the recent completion of the work Contract Year plural. (2) the conditions referred to in subsection (1) consists of: a. kahar, covering natural disasters, natural disasters, strikes, non fire, and/or other industrial disturbances as stated through a joint decision of the Minister of finance and Minister of technical related. www.djpp.kemenkumham.go.id 2013, no. 1336 6 b. State the non kahar, covering among other design changes due to factors that cannot be predicted (unforeseen conditions/factors), and the adjustment of the provisions in force in other countries. (3) the application for extension of approval of a contract Year Plural proposed by Minister/Leadership Institute c. q General Secretary/Secretary/Secretary to the Minister of finance the basic considerations of reason and accompanied that can be accounted for. (4) the submission of the application referred to in subsection (3) are equipped with the results of an audit of the Agency of financial supervision and development over the rest of the work that will be appealed the approval of the extension of the contract Year is plural. (5) the provisions regarding the process of filing a petition for approval of contract Years is plural as stipulated in article 3 apply mutatis mutandis in the filing process against the proposed extension of approval of a contract Year is plural. Article 7 (1) the Minister/Leadership Institutes in particular the Secretary-general/Principal Secretary/Secretary may submit proposed changes to the composition of funding between years within the period of the contract Year Plural walking to the Minister of finance in particular the Director General of budget. (2) changes in the composition of the Proposal referred to in subsection (1) is equipped with Absolute Responsibility Statement (SPTJM) of the user/User Power Budget Budget accompanied by reasons which can be accounted for on the basis of changes in the composition of the funding. (3) an affidavit of sole responsibility (SPTJM) as referred to in paragraph (2) was made to the format as contained in Appendix IV which is part an integral part of the regulation of the Minister. Article 8 (1) the Minister/Chairman of the institution solely responsible for the truth of the formyl and material for everything associated with the application for approval of a contract Year Plural submitted to Secretary of the Treasury, including the material contained in the affidavit as set forth in the regulation of the Minister of finance. (2) Approval of the contract Year Plural by Finance Minister does not constitute recognition/endorsement (endorsement) of truth and validity of the process of procurement of goods/services and/or the designation of the goods/services provider winners. www.djpp.kemenkumham.go.id


2013, no. 1336 7 article 9 (1) the Minister/Leadership Institutes as fully responsible for Budget Users against the work contracted out in multiple years, including in providing appropriations budget in each year of the contract period, based on a predetermined shopping launched in the budget of Ministries/institutions concerned. (2) the remainder of the budget year of Contract work is the plural in certain Budget could not be launched in the next fiscal year and cannot be used as an extra budget proposal on the draft Budget of income and Expenditure of state changes (NATIONAL BUDGET) in the Budget. Article 10 (1) in order to maintain the continuity of quality, efficiency, and effectiveness as well as maintain the unity of the process of accountability and implementation of the work, the Minister of finance may specify Multiple Year Contract Agreement against the works of, among others, provision of information services, sale of securities, licensing services/software/hardware, software development, network/bandwidth and rent. (2) the application for approval of a contract year is Plural as referred to in subsection (1) may be brought by user with the terms of the budget must be equipped with: a. Absolute Liability Waiver (SPTJM) of the Budget Users stating that: 1. the work of the Contracts to be implemented across multiple Years have met the technical feasibility based on assessment/recommendation from institutions/technical team competent functional; and 2. availability of funds for implementation of the Contract Year extra that is not a Plural pagu (on top); b. waiver of Budget Users which States that the remainder of the funds not absorbed in the fiscal year in question will not be revised for use in the same fiscal year. (3) an affidavit of sole responsibility (SPTJM) as referred to in paragraph (2) letter a is made according the format as contained in Annex V which are part an integral part of the regulation of the Minister. www.djpp.kemenkumham.go.id 2013, no. 1336 8 (4) an affidavit referred to in paragraph (2) letter b made to format as listed in annex II which are part an integral part of the regulation of the Minister. Article 11 (1) the Financial Secretary may consider giving approval of the contract Year Plural top job that has been poured in the work plan and budget Ministries/institutions (RKA-TOS) and the policy priorities of the Government, which is due to the specific conditions in the implementation could not be completed within 1 (one) year budget. (2) the conditions referred to in subsection (1) consists of: a. kahar, covering natural disasters, natural disasters, strikes, non fire, and/or other industrial disturbances as stated through a joint decision of the Minister of finance and Minister of technical related; b. State the non kahar, covering among other design changes due to factors that cannot be predicted (unforeseen conditions/factors), changes in government policy, changes in the scope of work, schedule change implementation and adjustment of conditions in other countries. (3) the approval of the Contract Year is plural as intended in paragraph (1) may be brought by the user's budget comes a waiver of liability absolute (SPTJM) with an accompanying explanation that can be accounted for. (4) an affidavit of sole responsibility (SPTJM) as referred to in paragraph (3) is made according the format as contained in Appendix VI who was part an integral part of the regulation of the Minister. Article 12 Budget/Power Users users of the budget report work achievement periodically every 6 (six) months to the Ministry of finance in particular the Director-General of the budget for the approval of contracts Year Plural set by Finance Minister and/or Minister/Chairman of the institution using the format as contained in Appendix VII is part an integral part of this regulation of the Minister. Article 13 (1) of the contract Year Plural have earned the approval of the Minister of finance as provided for in the regulation of the Minister of Finance www.djpp.kemenkumham.go.id 2013, no. 1336 9 Number 194/FMD. 02/2011 Filing procedures for Approval of Contract Year Plural (Multi Years Contract) in Government procurement of goods/services, stated remains valid. (2) the application for approval of a contract Year that Plural haven't gotten approval by the Minister of finance, must be presented again by the Minister/Chairman of the institution with the following provisions as set forth in the regulations of the Minister. Article 14 in the case required, Director General of the budget can be set further conditions of the technical implementation of the regulation of the Minister. Article 15 at the time of this Ministerial Regulation entered into force, the regulation of the Minister of finance Number 194/FMD. 02/2011 Filing procedures for Approval of Contract Year Plural (Multi Years Contract) in Government procurement of goods/services, revoked and declared inapplicable. 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 November 13, 1995 the MINISTER of FINANCE of REPUBLIC of INDONESIA, MUHAMAD CHATIB BASRI Enacted in Jakarta on November 14, 1995 the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN www.djpp.kemenkumham.go.id