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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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REPUBLIC OF INDONESIA STATE NEWS

No. 1336, 2013 MINISTRY OF FINANCE. Plural contracts. Procurement. -Stuff.-Services. Filing. Tata Cara.

REGULATION OF THE REPUBLIC OF INDONESIA FINANCE MINISTER

NUMBER 157 /PMK.02/ 2013 ABOUT

TATA CARA FILING FOR THE PLURAL CONTRACT AGREEMENT (MULTI YEARS CONTRACT) IN THE PROCUREMENT OF BARANG/SERVICES

GOVERNMENT

WITH THE GRACE OF GOD ALMIGHTY

THE FINANCE MINISTER OF THE REPUBLIC OF INDONESIA,

THE DRAW: A. that in order to perform the Jamak Year Contract Agreement (Multi Years Contract) in the Acquisition of Government Goods/Services, it has been assigned the Regulation of Finance Minister Number 194 /PMK.02/ 2011 on the Way of the Contractual Agreement of the Year Agreement Plural (Multi Years Contract) In The Absence Of Government Goods/Services;

b. that in its development, in order to exercise the provisions of Article 52 of the paragraph (2) of Presidential Regulation No. 70 of 2012 on the Second Amendment to the Presidential Regulation No. 54 of 2010 On the Procurement of Goods/Services and Article 61 of the paragraph (2) and (3) Government Regulation No. 45 of 2013 on the Tata Way of implementation of the State Budget and Shopping Budget, it needs to be done as refinement of the Minister of Finance Regulation Number 194 /PMK.02/2011;

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c. that based on consideration as referred to in letter a and letter b, need to establish the Finance Minister's Regulation on the Order of the Plural Contract Approval (Multi Years Contract) In The Government Of The Government;

Given: 1. Law Number 17 Year 2003 on State Finance (Indonesian Republic of Indonesia Year 2003 Number 47, Additional Gazette of the Republic of Indonesia Number 4286);

2. Law No. 1 of 2004 on the State Treasury (Indonesian Republic Gazette 2004 No. 5, Additional Gazette of the Republic of Indonesia Number 4355);

3. Government Regulation No. 20 Year 2004 on the Government Work Plan (Indonesian Republic Gazette 2004 Number 74, Additional Gazette of the Republic of Indonesia Number 4405);

4. Government Regulation Number 90 Of 2010 On The Drafting Of The Employment Plan And The Ministry Budget/Institute (sheet Of State Of The Republic Of Indonesia In 2010 Number 152, Additional Sheet Of The Republic Of Indonesia Indonesia Number 5178);

5. Government Regulation No. 45 Year 2013 on Tata cara Implementation of the Budget and State Shopping (State Gazette of Indonesia Year 2013 Number 103, Additional Gazette Republic of Indonesia Number 5423);

6. Presidential Decree No. 24 of 2010 on Occupation, Duty, and Functions of the Ministry of State and Functions of the Organization, Duty, and Functions of the Ministry of State as it has been several times amended last with the Presidential Regulation Number 38 2013 (sheet of State of the Republic of Indonesia in 2013 Number 90);

7. The Presidential Decree No. 54 of 2010 on the Procurement of Goods/Services as amended last several times with the Presidential Regulation No. 70 of 2012 (Indonesian Republic of Indonesia Year 2012 number 155, Extra Sheet) Republic of Indonesia No. 5334);

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DECIDED: SET: THE FINANCE MINISTER ' S REGULATION ON THE TERMS OF

SUBMISSION OF THE PLURAL CONTRACT AGREEMENT (MULTI YEARS CONTRACT) IN PROCUREMENT OF GOVERNMENT GOODS

Article 1 The rules of this Minister are referred to: 1. A contract is a written agreement between a Commitment Officer

(PPK) with a provider of goods/services or managing a Managed Cloud Service. 2. The Jamak Year Contract is a contract that is executing

work weighing the State Budget and Revenue Budget (APBN) fund more than 1 (one) Year of the Budget.

Article 2 (1) Jamak Year Contract for activities that value its contract up to

with Rp10,000.000.00 (ten billion rupiah) for the activities of seedling/seedling, greening, ground/sea/air pioneer services, food and medicine in hospitals, food for inmates in the Penitentiary, procuring ribbons excise, garbage disposal services, and procurement of cleaning services performed after receiving the approval of the Minister/Leader of the concerned Institution.

(2) The Jamak Year Contract for activities whose value is above Rp10,000.000.00 (ten billion rupiah) and activities its values up to Rp10,000.000.00 (ten billion rupiah) which is not included in the criteria of activities as referred to in paragraph (1) is performed upon receiving the Finance Minister's approval.

(3) Excluded from the terms as referred to in paragraph (2), for the Jamak Year Contract which is partially or entirely financed from the Loan/Outer Hibah Country (PHLN).

section 3 (1) Request of the Jamak Year Contract approval as

referred to in Article 2 of the paragraph (2) is submitted by the Minister/Leadership of the Institution to the Finance Minister in conjunction with the delivery of the Ministry of Work and the Ministry Budget State/Institution (RKA-KL) The Year of the Budget is concerned.

(2) The submission of the application as referred to in paragraph (1) must be supplemented by: a. Absolute Responsibility (SPTJM) of

Budget Users stating that:

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1. Jamak-Year contract work to be implemented has met technical eligibility based on the assessment/recommendations of the competent functional technical team/team; and

2. the availability of funds for the execution of a Jamak Year Contract that is not an additional pagu (on top);

b. a statement letter from the Budget User stating that:

1. the rest of the funds that are not absorbed in the year concerned will not be revised for use in the same Budget Year; and

2. The required field/land release required to support the infrastructure development is completed.

(3) The completion of the Jamak Year Contract agreement as referred to in paragraph (2) must meet the provisions as follows:

a. Equipped with scope and overall job/work stages, the work term will be completed, and a summary of the estimated budget needs per year.

b. There are no documents that indicate the name of the candidate and/or future auction winner.

(4) The Mutlak Responsibility (SPTJM) Statement of Responsibility (SPTJM) as referred to in paragraph (2) a letter is made in format as set forth in the format. in Appendix I that is an integral part of the Regulation of this Minister.

(5) The letter of the statement as referred to in paragraph (2) of the letter b is made according to the format as set forth in Annex II which is the part not be separated from this Minister Rule.

(6) The Minister/Leader of the Institution may submit The Jamak Year Contract Agreement for Finance Minister does not coincide with the delivery of the Ministry of State (RKA-KL) Work Plan and the Ministry of State Budget (RKA-KL) in the case of:

a. There's a kahar state;

b. carrying out the Central Government policy;

c. meets the legislation of the laws of legislation;

d. runs a court ruling that has a fixed legal force.

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Article 4 (1) Against the Jamak Year Contract that there is complexity in

procuring/land liberation, such as infrastructure development work that requires large amount of land/land liberation, Among other airports, ports, roads, irrigation, electrical transmission, and railway tracks, the Budget Users must attach a Letter of Responsibility to the Mutlak (SPTJM) which states: a. Users of the Budget will complete the procurement/

release of land/land simultaneously with infrastructure development work in the Jamak Year Contract period;

b. Budgeting Users will maintain the execution of the activities as planned; and

c. of all costs incurred as a result of the delay in job completion caused by the delay in the settlement of land/land is not can be charged on APBN, except based on a fixed legal court ruling.

(2) The Mutlak Responsibility (SPTJM) Statement of Responsibility (SPTJM) as referred to in paragraph (1) is made in format as set forth in the Attachment III which is an inseparable part of the Regulation of this Minister.

Article 5

(1) Processing of the Jamak Year Contract settlement agreement is carried out by the Directorate General.

(2) The settlement process as referred to in paragraph (1) is performed at least 7 (7) business days since the document be fully accepted.

Article 6 (1) The Finance Minister may provide an extension of the approval

Jamak Year Contract, in the event of a specific condition which led to a delay in the completion of the Jamak Year Contract.

(2) Certain conditions as referred to in paragraph (1) consist of: a. a kahar state, covering natural disasters, non-natural disasters,

strikes, fires, and/or other industrial disorders as stated through a joint decision of the Minister of Finance and related technical ministers.

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b. non kahar states, including design changes due to previously unforeseen factors (unforeseen conditions/factors), and adjustments of the provisions applicable in other countries.

(3) Appeals extension of the Jamak Year Contract extension submitted by Minister/Leadership of the Board of the C.q Secretary General/Principal Secretary/Secretary to the Minister of Finance accompanied by reason and the basis of consideration that can be accounted for.

(4) Submissions the request as referred to in paragraph (3) is equipped with audit results from the Financial and Financial Supervising Board of the remainder of the work to be moed off the Jamak Year Contract extension agreement.

(5) The provisions of the process of filing a Jamak Year Contract approval application are referred to in the Article 3 applies mutatis mutandis against the process of filing a proposed extension of the Jamak Year Contract agreement.

Article 7 (1) Minister/Leader of the Institution c.q. Secretary General/Secretary

Main/Secretary can submit the proposed changes in the composition of the funding between the year of the Year Plural running to the Minister of Finance c.q. Director General of the Budget.

(2) The change in composition as referred to in paragraph (1) is supplemented with the Mutlak Statement of Responsibility (SPTJM) of the User's Budget/Power User The budget is accompanied by reason to be accounted for on the basis of the change in the composition of the funding composition.

(3) The Mutlak Responsibility (SPTJM) Statement of Responsibility (SPTJM) as referred to in paragraph (2) is made in format as set forth in the Annex IV which is an integral part of the Regulation of the Minister.

Article 8 (1) Minister/Leader of the Institution is full responsibility for the truth

formil and material for everything related to the Jamak Year Contract Agreement request submitted to the Finance Minister, including material that written in a statement letter as set forth in this Financial Minister Regulation.

(2) The Jamak Year Agreement Agreement by the Minister of Finance is not a recognition/attestation (endorsement) of the truth and the validity of the process procurement of goods/services and/or the appointment of a barang/service provider winner.

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Section 9

(1) The Minister/Leader of the Institution as the Budget User is solely responsible for the work that is contracted in the plural, including in providing the budget allocation in each year. of the contract period, based on the shopping pagu which has been set in the Budget Office of the State/Institution concerned.

(2) The remainder of the Jamak Year Contract job budget on a certain Budget Year cannot be launched on Year The next budget and cannot be made as a proposed shopping budget additional on the Budget and Shopping Budget Plan (APBN-P) of the Budget Year.

Article 10

(1) In order to maintain quality continuity, efficiency, and effectiveness as well as maintaining the unity of the process and Accountability for job execution, Finance Minister may establish the Jamak Year Contract agreement on jobs among other procurement of information services, sales of valuable mail, service/hardware licenses, development software, and lease network/bandwith.

(2) The Jamak Year Contract approval request as referred to in paragraph (1) may be submitted by the Budget User with the provision must be supplemented with:

a. The Absolute Responsibility (SPTJM) Letter of the Budget User stated that:

1. Jamak-Year contract work to be implemented has met technical eligibility based on the assessment/recommendations of the competent functional technical team/team; and

2. the availability of funds for the execution of a Jamak Year Contract that is not an additional pagu (on top);

b. a statement letter from the Budget User stating that the remainder of the funds not absorbed in the Year of the Budget is concerned will not be revised for use in the same Budget Year.

(3) The Letter of Liability Statement (SPTJM) as referred to in paragraph (2) the letter a is made in format as set forth in Appendix V which is an inseparable part of this Minister Rule.

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(4) The letter of the statement as referred to in paragraph (2) the letter b is made in format as set forth in Appendix II which is an inseparable part of this Minister's Regulation.

Article 11

(1) the Finance Minister may consider granting Jamak Year Contract approval of the work that has been poured in the State/Institute (RKA-KL) Ministry of Work and Budget Plan and is the Government ' s priority policy, which because the specified conditions in the implementation cannot be completed in 1 (1) Budget Year.

(2) Certain conditions as referred to in paragraph (1) consist of: a. a kahar state, covering natural disasters, non-natural disasters,

strikes, fires, and/or other industrial disorders as stated through the joint decision of the Minister of Finance and related technical ministers;

b. non kahar states, including design changes due to previous unforeseen factors (unforeseen conditions/factors), government policy changes, changes in the scope of work, change of schedule of execution and an adjustment of the applicable provisions in another country.

(3) The Jamak Year Contract Agreement as referred to in paragraph (1) may be submitted by the Budget User with an accompanying Statement of Responsibility (SPTJM). an explanation that can be accounted for.

(4) The letter The Absolute Responsibility (SPTJM) statement as referred to in paragraph (3) is made in the format as set forth in Appendix VI which is an inseparable part of the Regulation of this Minister.

Article 12 of the Budget/Power User Budget users deliver regular job achievement reports every 6 (six) months to the Finance Minister c.q. Director General of the Budget for the Jamak Year Contract approval set by the Finance Minister and/or Minister/Leadership The institution by using the format as set forth in Annex VII to which is an inseparable part of this Minister Rule.

Article 13

(1) The Jamak Year Contract has obtained the approval of the Minister of Finance as set out in the Finance Minister Regulation

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Number 194 /PMK.02/ 2011 on the Tata Way Approval Submission (multi years contract) in the procurement of Government Goods/Services, is stated to remain in effect.

(2) Plea for consent The plural contract, which has not yet been approved by the Minister of Finance, must be resubmitted by the Minister/Leader of the Institution by following the provisions as set forth in this Minister's Regulation.

Article 14 In terms of required, Director The Budget General may set up further technical provisions of the implementation of the Regulation This Minister.

Article 15 At the time the Minister ' s Ordinance came into effect, the Regulation of the Minister of Finance Number 194 /PMK.02/ 2011 on the Tata Way Submission Of The Plural Contract Agreement (Multi Years Contract) In The Procurement Of Goods/Services The government, repealed and declared not in effect.

Article 16

The Minister ' s Regulation is beginning to take effect on the date of promulgations. In order for everyone to know, ordered the invitational of the Minister's Regulation with its placement in the News of the Republic of Indonesia.

Specified in Jakarta on 13 November 2013 MINISTER OF FINANCE OF THE REPUBLIC OF INDONESIA,

MUHAMAD CHATIB BASRI

promulbed in Jakarta on 14 November 2013 MINISTER OF LAW AND HUMAN RIGHTS REPUBLIC OF INDONESIA,

AMIR SYAMSUDIN

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