Regulations Of The Food And Drug Supervisory Agency Number 45 By 2013

Original Language Title: Peraturan Badan Pengawas Obat dan Makanan Nomor 45 Tahun 2013

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Read the untranslated law here: http://peraturan.go.id/inc/view/11e44c50af28df30a4af313233303134.html

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Back NEWS REPUBLIC of INDONESIA No. 1534, 2013 FOOD and DRUG SUPERVISORY AGENCY. ULP. Goods/Services. The Government.

REGULATION of the HEAD of the FOOD and DRUG SUPERVISORY AGENCY of the REPUBLIC of INDONESIA NUMBER 45 2013 PROCUREMENT SERVICES UNIT of goods/services in an ENVIRONMENT a DRUG and FOOD SUPERVISORY AGENCY by the GRACE of GOD ALMIGHTY HEAD of FOOD and DRUG WATCHDOG AGENCY of the Republic of INDONESIA, Considering: that in order to implement the provisions of article 14 and article 130 paragraph (1) 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 need to set Regulations, the head of the food and drug Supervisory Agency of Procurement Services Unit of the goods/services in an environment a drug and food Supervisory Agency;
Remember: 1. Presidential Decree Number 103 in 2001 about the position, duties, functions, authorities, Organization, Arrangement and Layout of Non Government agencies Work Department as it has several times changed the last presidential Regulation No. 3 by 2013;
2. Presidential Decree Number 110 in 2001 about the Task and Organizational Unit Echelons of Non Government agencies I Department as it has several times changed the last presidential Regulation number 4 by 2013;
3. 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;
4. The decision of the head of the food and drug Supervisory Agency Number 02001/SK/KBPOM 2001 about the Organization and the Work of drug and food Supervisory Agency as amended by decision of the head of the food and drug Supervisory Agency Number HK. 00.05.21.4231 2004;
5. The decision of the head of the food and drug Supervisory Agency Number 05018/SK/KBPOM 2001 about the Organization and the work of Implementing Technical Environment Food and drug Watchdog Agency as it has several times the last modified by regulation the head of food and drug Watchdog Agency Number HK. 00.05.21.3546 in 2009;
6. Regulation of the head of the food and drug Supervisory Agency Number HK. 04.1.21.11.10.10750 in 2010 on the application of the goods/services Procurement Services Electronically on Environment a drug and food Supervisory Agency;
7. Regulation of Penitentiary policy of Government procurement of goods/service number 5 in 2012 about the Procurement Services Unit;
8. Regulation of Penitentiary policy of Government procurement of goods/service number 6 in 2012 about technical guide presidential regulation Number 70 in 2012 about the second amendment Above presidential regulation Number 54 in 2010 about Government procurement of goods/services;
9. Regulation of the Minister of State for Administrative Reform and reform of the Bureaucracy the number 77 in 2012 about Functional Office Manager procurement of goods/services;
10. Regulation of Penitentiary Policy Shared goods/services Procurement Government and head of the Bkn the number 1 and number 14 year 2013 2013 about provisions of the implementation of the regulation of the Minister of State for Administrative Reform and reform of the Bureaucracy the number 77 in 2012 about Functional Office Manager procurement of goods/services;
Decide: define: REGULATION of the HEAD of the FOOD and DRUG SUPERVISORY AGENCY of PROCUREMENT SERVICES UNIT of the goods/services in an ENVIRONMENT a DRUG and FOOD SUPERVISORY AGENCY.
CHAPTER I GENERAL PROVISIONS article 1 In this regulation is the Service Unit: 1. Procurement of goods/services in an environment a drug and food Supervisory Agency, hereinafter called the ULP, is the organizational unit drug and food Supervisory Agency which serves to carry out the procurement of goods/services in an environment a drug and food Supervisory Agency.
2. Procurement of goods/services in an environment a drug and food Supervisory Agency, hereinafter referred to as the procurement of goods/services, is an activity to obtain goods/services by Drug and food Supervisory Agency which the process beginning from planning needs until the completion of the entire activity to obtain goods/services.
3. Procurement Services Electronically, hereinafter called LPSE, is implementing that facilitates the process of ULP procurement of goods/services in an environment a drug and food Supervisory Agency electronically.
4. Budget Users, hereinafter abbreviated PA, is the head of the food and drug Supervisory Agency.
5. The power of the budget Users, hereinafter abbreviated KPA officials, was established by the PA to use the budget revenue and Expenditure of the State.
6. Commitment Maker Officials, hereinafter abbreviated as PPK, is the official who is responsible for the implementation of the procurement of goods/services.
7. The Working Group of the ULP, ULP Pokja hereinafter referred to, is a working group with members totalling gasal, at least three (3) persons who are certified experts and procurement can be augmented in accordance with the complexity of the work, which was tasked to carry out the selection of procurement of goods/service providers in an environment a drug and food Supervisory Agency.
8. the Procurement Officer is personnel who have a certificate of goods/services Procurement Expertise are assigned to carry out the procurement of goods/services, through direct procurement.
9. 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.
10. Goods/Services Provider is an individual or business entity that provides goods/job consulting/consulting services/other services.
11. 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.
12. National Procurement Portal is a gateway to electronic information systems related to the procurement of goods/services information nationally managed by LKPP.
13. Internal Government Watchdog Agencies, hereinafter called the APIP, is the Inspectorate Supervisory apparatus of food and drug surveillance through audit, reviu, evaluation, monitoring, and other surveillance activities against the conduct of the duties and functions of the organization.
14. 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.
15. 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.
16. Construction work is the entire work related to the implementation of the construction of buildings or other physical form of creation.
17. the Consultancy Services are professional services that require specific expertise in various fields which give priority to the existence of a sport thought (brainware).
18. 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.
19. The units of work, which hereafter Satker, is a line organization units carry out activities and has the authority and responsibility for the use of the budget in an environment a drug and food Supervisory Agency.
20. The head of the Agency is the head of government institution non responsible ministries in the areas of drug and food.
CHAPTER II the establishment, duties, and AUTHORITY of ULP is considered Part of the formation of article 2 (1) the ULP is the work units of food and drug Watchdog Agency that specifically deal with the procurement of goods/services through all types of auction/selection.
(2) the ULP as referred to in subsection (1) is permanent and is integrated with structural and Financial Planning at the Bureau, the Secretariat of the main body of the food and drug Watchdog.
Article 3 (1) the ULP was formed and assigned by the head of the Agency.
(2) the head of the Agency in forming the ULP as referred to in paragraph (1), consider the following: a. volume, quantity, and type of fund procurement of goods/services;
b. location/number of distribution of work;
c. the availability of human resources in the field of procurement;
d. availability of means and the control of information and communication technologies; and e.  efficiency and effectiveness of the implementation of the work.
(3) the ULP consists of: a. the head of ULP;
b. Secretariat of the ULP; and c.  Pokja ULP.
Article 4 (1) ULP carry out procurement of goods/services which include: a. procurement of goods/Other Services/construction work with a value of Rp 200,000,000.00 (two hundred million rupiah); and b.  Procurement of Consultancy Services with a value of Rp 50,000,000.00 (fifty million rupiah).
(2) procurement of goods/Other Services/construction work with a value of less/equal to Rp 200,000,000.00 (two hundred million rupiah) or the procurement of Consultancy Services with a value of less/equal to Rp 50,000,000.00 (fifty million rupiah) implemented by the Official procurement of goods/services in the Satker respectively.
The second part of the Task and authority of ULP had article 5 tasks and authorities in accordance with the provisions of the legislation.

CHAPTER III ORGANIZATION Part One General article 6 (1) the head of the Secretariat of the ULP, ULP, ULP Pokja members and are appointed and dismissed by the head of the Agency after the selection process was carried out by a team of Assessors.
(2) the Assessor Teams referred to in subsection (1) consists of the elements of staffing, builders of the KPA officers, and inspectors.
(3) the appointment and dismissal of the ULP devices as referred to in subsection (1) is not tied to the fiscal year.
(4) civil servant in the Environment Agency's food and drug Watchdog who was assigned in ULP can in his functional Manager procurement of goods/services in accordance with the legislation.
The second part of article 7 ULP Head

(1) the head of the ULP must meet the following requirements: a. the status as civil servants;
b. have the technical and managerial qualifications;
c. has the ability to take decisions;
d. have the moral integrity, honesty, discipline and responsibility in carrying out the task;
e. the integrity Pact signed;
f. have experience as acting/goods/services procurement Committee;
g. understand all types of work that the task of the Pokja Procurement;
h. grasp the contents of documents, Procurement methods and procedures; and i.   other conditions specified in the rules of staffing for the Office equivalent.
(2) head office remaining as the ULP is prohibited: a. PPK;
b. Signatory Officials Warrant pay (PPSPM);
c. Treasurer; and d.  APIP.
(3) the head of the ULP as referred to in paragraph (1) can concurrently and served as a member of Pokja ULP.
The third section of the Secretariat of the ULP article 8 (1) is under the ULP and Secretariat responsible to the head of the ULP.
(2) a Secretariat headed by a Secretary.
(3) the Secretariat of the ULP as intended in paragraph (1) can concurrently and served as a member of Pokja ULP.
Article 9 the Secretariat of ULP as mentioned on paragraph (1) has the task of: a. carry out the management of its financial affairs, personnel, administration, supplies, and household ULP;
b. inventory packages that will be auctioned/selected;
c. prepare the supporting documents and the required information Pokja ULP;
d. facilitate the implementation of the selection of goods/Services Provider implemented by Pokja ULP;
e. scheduled and coordinate a disclaimer by the providers of goods/services;
f. manage system of procurement and procurement management data information systems to support the implementation of the procurement of goods/services;
g. managing document procurement of goods/services;
h. perform the evaluation of the implementation of the procurement and the drawing up of the report; and i.   prepare and coordinate the technical team and the Secretariat of the ULP in the process of procurement of goods/services.
The fourth part Pokja ULP article 10 (1) Pokja ULP is located in every neighborhood in the Satker food and drug Supervisory Agency.
(2) the implementing element is ULP Pokja some tasks and functions of the ULP in the implementation of the procurement of goods/services that are under and are accountable to the head of the ULP.
(3) the placement and assignment of personnel to the ULP in Pokja as referred to in paragraph (2) is governed by the head of the ULP taking into account the competence and track record member Pokja ULP.
Article 11 (1) each Member of the ULP Pokja totaled gasal, consists of at least three (3) people and can be added according to needs and the complexity of the job.
(2) the ULP Pokja referred to in subsection (1) consists of: a. Chairman and members;
b. the Secretary and members; and c.  members.
Article 12 (1) to ULP Pokja appointed member must meet the requirements referred to in article 7 paragraph (1) and paragraph (2).
(2) in addition must meet the requirements referred to in subsection (1), a member of the ULP Pokja must also have a certificate of Expertise Government procurement of goods/services.
Article 13 (1) in the exercise of his duties, the Chairman and every Member of the ULP Pokja Pokja ULP has the same authority in decision making that is assigned based on votes.
(2) the determination of the goods/services Providers by Pokja ULP can not be contested by the ULP.
(3) a member of the ULP Pokja can served and an officer Procurement outside the ULP.
Article 14 (1) in the case of procurement of goods/services are special and/or require special skills, ULP can use team or technical explanations givers experts (aanwijzer).
(2) team or experts referred to in paragraph (1) established by the Official manufacturer of the commitment.
CHAPTER IV TERMINATION Article 15 Member ULP quit or be dismissed if: a. resigned;
b. dies;
c. is not able to perform the duties on an ongoing basis for 3 (three) months due to illness or for no apparent reason;
d. violate/abusing duties; or e. are convicted for committing criminal acts of evil that threatened with imprisonment 5 (five) years or more, based on a court decision has acquired legal force anyway.
Chapter V RELATIONSHIP WORK ULP article 16 (1) in carrying out its task of ULP is obligated to coordinate and establish a working relationship with: a. the Satker who will utilize the goods/services are held and other related work units;
b. LPSE; and c.  Agency Procurement Policies Government Goods/Services (LKPP).
(2) employment relationships referred to in subsection (1) letter a is done with: a. the development of the periodic report the implementation of pengadan;
b. holding consultations on a periodic basis or according to your needs in order of completion of the related procurement problems;
c. provide guidelines and instructions to the Satker in drafting planning Government procurement of goods/services; and d.  implement guidelines or instructions for controlling the execution of procurement given PA.
(3) employment relationships referred to in subsection (1) letter b with regard to the use of Electronic Procurement System (SPSE).
(4) employment relationships referred to in paragraph (2) Letter c is done with: a. hold a consultation in accordance with the requirements in the framework of the resolution of the issues faced in the procurement process;
b. implementing the guidelines and instructions in regards to procurement LKPP goods/services;
c. coordination in the implementation of tasks; and d.  provide input to the formulation of the strategy and to LKPP policy procurement of goods/services.
Article 17 PPK on Satker goods/services providers is obligated to deliver goods/services procurement package to the ULP is equipped with data support at least, include: a. a copy of the instructions Operasionnal activity (POK);
b. terms of reference of the work (KAK) technical/Spesifikasi;
c. estimated price; and d.  the draft contract.
CHAPTER VI FINANCE Article 18 Financing arising in the course of execution of duties charged on ULP Checklist of implementation of the budget (DIPA) food and drug Watchdog Agency in accordance with the legislation.

CHAPTER VII TRANSITIONAL PROVISIONS article 19 (1) procurement of goods/services are being carried out before the entry into force of this regulation, can continue with a fixed based on the previous provisions.
(2) contracts that have been signed before the entry into force of this regulation, remain valid up to the expiration date of the agreement/contract.
(3) procurement of goods/services that are sustainable for the fiscal year 2014 in the form of procurement services, security services, cleaning service and internet services, can be done by a Committee of procurement of goods/services in question before this rule applies.
CHAPTER VIII PROVISIONS of article 20 of the regulation COVER the head of the food and drug Watchdog Agency began to take effect on January 1, 2014.

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

Established in Jakarta on December 17, 2013 the HEAD of FOOD and DRUG WATCHDOG AGENCY of the REPUBLIC of INDONESIA, ROY a. SPARRINGA Enacted in Jakarta on December 23, 2013, the MINISTER of LAW and HUMAN RIGHTS REPUBLIC of INDONESIA, AMIR SYAMSUDDIN fnFooter ();