Regulation Of The Minister Of Defence No. 17 In 2011

Original Language Title: Peraturan Menteri Pertahanan Nomor 17 Tahun 2011

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bn551-2011-1 REGULATION of the MINISTER of DEFENCE of the REPUBLIC of INDONESIA number 17 in 2011 ABOUT the IMPLEMENTATION of the GUIDELINES for PROCUREMENT of goods/services in the ENVIRONMENT of the MINISTRY of DEFENCE and the INDONESIAN ARMED FORCES with the GRACE of GOD ALMIGHTY the DEFENSE MINISTER of the REPUBLIC of INDONESIA, Considering: a. that in order the execution of procurement of goods/services in the environment of the Ministry of defence and the national army Indonesia effectively and efficiently with an emphasis on the principle of healthy competition , transparent and fair for all parties, as well as responsive both in terms of physical, financial or beneficial for the smooth running of the task of the Ministry of defence and the national army Indonesia, the Department of Defense has published a regulation of the Minister of defence number: PER/06/M/VII/2006, dated 6 July 2006 on guidelines for Implementing the procurement of goods/services in the neighborhood and the TNI Dephan, as a follow-up to the enactment of presidential decree number 80 in 2003 about the guidelines of the implementation of the Government's procurement of goods/services; b. that, in order to implement the provisions of article 38 paragraph (2) Letter c of article 44, paragraph (2) letter b, article 113 presidential regulation Number 54 of 2010 need for regulation of the procurement of goods/services in the environment of the Ministry of defence and the national army of Indonesia; c. that based on considerations as referred to in letter a and letter b, need to set rules of the Secretary of Defense about the implementation of the guidelines on the procurement of goods/services in the environment of the Ministry of defence and the national army of Indonesia; Remember: 1. Act No. 3 of 2002 on State Defense (Gazette of the Republic of Indonesia Year 2002 number 3, an additional Sheet of the Republic of Indonesia Number 4169); 2. 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); 3. 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); 4. Act No. 34 of 2004 about the Indonesia National Army (the State Gazette of the Republic of Indonesia Number 127 in 2004, an additional Sheet of the Republic of Indonesia Number 4439); www.djpp.depkumham.go.id 2 5. Government Regulation Number 29 in 2000 on the Organization of construction services (State Gazette of the Republic of Indonesia Number 64 in 2000 and an additional Sheet of the Republic of Indonesia Number 3956); 6. Presidential regulation Number 54 in 2010 on the implementation of Government procurement of goods/services 7. Presidential Decree Number 42 in 2002 about the guidelines of the implementation of Budget revenue and Expenditure of the State (State Gazette of the Republic of Indonesia Number 73 in 2002, an additional Sheet of the Republic of Indonesia Number 4212); Decide: Define: REGULATION Of The MINISTER Of DEFENCE REGARDING The IMPLEMENTATION Of The GUIDELINES On The PROCUREMENT Of Goods/Services In The ENVIRONMENT Of The MINISTRY Of DEFENCE And The INDONESIAN ARMED FORCES. CHAPTER I GENERAL PROVISIONS Section I the notion and the term article 1 In regulation of the Minister of Defense, which is the Main Tool: 1. Weapons systems which further shortened There is every kind of material that constitutes the main tool of weapon systems and their accessories to be used to supplement the main component of the defence needs of the country. 2. The apparatus of Government Intern Supervisor who then called APIP in this organizational unit at the Inspectorate Kemhan and the TNI is the apparatus which performs the supervision through auditing, review, evaluation, monitoring, and other surveillance activities against the conduct of the duties and functions of the organization. 3. the goods/services is all the goods/services that are used by the Kemhan and the TNI, or all the goods/services that have not been used directly but in emergencies, with or without modification can be used by the Kemhan and the TNI to support the interests of the defense of the country. 4. The goods are any good things tangible or intangible, movable or immovable, which can be traded, worn, used or exploited by Users of the goods. 5. The AIR FORCE/military Stuff is all the stuff needed and used by the AIR FORCE/military or to support the interests of the defense of the country. 6. 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. 7. E-are Tendering procedures is the selection of the provider of the goods/services being performed openly and can be followed by all providers of goods/services that are registered on the system of procurement electronically by way of conveying one time offer in the time allowed. 8. E-Purchasing is how to purchase goods/services through electronic catalog system. www.djpp.depkumham.go.id 3 9. Grants abroad is every country's acceptance in the form of foreign exchange and/or foreign exchange are dirupiahkan, dollars, or in the form of goods/services procured from foreign grants that do not need to be paid back. 10. The creative industry is an industry that is derived from the utilization of creativity, original ideas, skills and talents of the individual to create prosperity and employment through the creation and utilization of power creation and creativity. 11. Consultancy Services is the professional services that require specific expertise in various fields which give priority to the existence of a sport thought (brainware). 12. Services Consultancy TNI/military is all necessary consultancy services and used by the AIR FORCE/military defense to the interests of the State. 13. 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. 14. Services of TNI/other military services besides services are all consulting, TNI/military construction services and procurement of goods TNI/military needed and used by the AIR FORCE/military or defence for the sake of the country. 15. the Ministries/Agencies/units of Work Device region/other Institutions, which uses income and Expenditure Budget of the State (STATE BUDGET) and/or budget income and Expenditure area (BUDGETS). 16. Ministry of Defense hereafter referred to Kemhan is the Defense Ministry which has the task of defence in the Government to help the President in organizing the Government. 17. The power of the budget Users hereinafter referred to by the KPA Officials, was established by the PA to use the defence budget, the present Headquarters of TNI and the KPA is divided two organizations namely KPA UO and KPA Kotama. 18. the terms of reference of the work hereafter KAK is a form of description description generally about things related to the scope of the work to be carried out, background, intent and purpose, the location of the source of funding, and others as well as supported by ancillary data to carry out a job. 19. The contract goods/services Procurement hereinafter referred to as the contract is a written agreement between the PPK with providers of goods/services or implementing Swakelola. 20. the contest is the method the selection of Providers of goods memperlombakan goods/certain objects that have no market price and the price/cost cannot be established based on the unit price. 21. electronic Catalogues or E-Catalogue is an electronic information system that contains a list of technical specifications, types, and prices of certain goods from various Suppliers/services of the Government. 22. The partnership is a partnership effort between the goods/services Providers in the country or abroad that each party has the rights, obligations and responsibilities are clear, based on mutual agreement that set forth in a written agreement. 23. The Agency's policy of Government procurement of 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. 24. Procurement Services Electronically which hereafter LPSE is work unit K/L/D/I formed to organize service system procurement of goods/services electronically. www.djpp.depkumham.go.id


4 25. Goods/services Government procurement hereinafter referred with procurement of goods/services is an activity to obtain goods/services in the environment of the Ministry of defence and the national army the process starts from Indonesia planning needs until the completion of the entire activity to obtain goods/services. 26. Construction work is the entire work related to the implementation of the construction of buildings or other physical form of creation. 27. Construction work of TNI/military is all construction works are required and used by the AIR FORCE/military or for defense of the country. 28. The construction of a defense force hereinafter referred to as Bangkuathan is a series of attempts to embody and/or improve elements of the defence forces of the State. 29. The use of force to defense hereafter referred to Gunkuathan is a series of efforts the deployment and utilization of elements of the defence forces of the State. 30. The construction of a defense force hereinafter referred to as Binkuathan is a series of attempts to build the elements of the defence forces of the State. 31. Budget Users hereinafter referred to as the PA is the official holder of the authority of the use of the defence budget in this case the Minister of Defense. 32. Goods/Services Users (User) is a government agency in an environment of Kemhan and the TNI who received the goods/services as a result of procurement in order to meet the needs of the Organization in order to carry out its work. 33. the next commitment Maker Officials called the PPK, which officials are responsible for the implementation of the procurement of goods/services. 34. The Procurement Officer is personnel who have a certificate of Expertise Government procurement of goods/services that carry out procurement of goods/services. 35. The Procurement Committee is appointed by the power user budget (KPA) to carry out the selection of providers of goods/services. 36. The Committee/Official Receiver Work is organizing Committee/officials defined by PA/KPA in charge of checking and accepting the results of the work. 37. The provider of the goods/services is a business entity and/or individual people that provide goods/construction works/services/Consultancy Services etc. 38. The selection of goods/services Providers is an activity to establish a goods/services Providers would be appointed to carry out the work. 39. The procurement of goods/services through providers of goods/services is the work carried out by the business entity or individual person qualified. 40. Public Auction is a method of the selection of Suppliers/Other Services/construction work for all jobs that can be followed by all Suppliers/Other Services/construction work is eligible. 41. The auction method is limited to the selection of providers of construction works for construction works with a number of providers that are able to carry out limited and believed to be the work of the complex. 42. The auction is a simple method of the selection of goods/services to other Providers for work that is worth at most Rp. 200,000,000.00 (two hundred million rupiah). 43. Direct elections is the method the selection of providers of construction work for the work's worth at most Rp. 200,000,000.00 (two hundred million rupiah). 44. The designation of the Direct method is the selection of goods/services Providers with a means of pointing directly to one (1) a provider of goods/services. 45. Direct Procurement is procurement of goods/services directly to the providers of goods/services, without going through the auction/selection/Appointment Directly. 46. 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.depkumham.go.id 5 47. The complex work is work which requires high technology, has a high risk, using specially designed equipment and/or employment which is worth over Rp 100,000,000,000.00 (one hundred billion rupiah). 48. Foreign Loan is any financing obtained by the Government from foreign lenders are bound by an agreement of loan and not the shape of the country's securities, which must be paid back with specific requirements as provided for in the provisions concerning the procedures for the procurement and forwarding of Foreign Government Loans. 49. The procurement of electronic or E-Procurement is procurement of goods/services that are funded by the use of information technology and electronic transactions in accordance with the legislation. 50. National Procurement Portal is "Gates ' electronic information systems related to information Government procurement of goods/services nationally managed by LKPP. 51. the budget is the number Launched in budget and authorization is the highest allowed limit to be used in the procurement of goods/services, and noted in the announcement of the procurement. 52. certificate of expertise government procurement of goods/services is proof of recognition from the Government over the competence and ability of the profession in the field of procurement of goods/services. 53. Swakelola is the procurement of goods/services where the work is planned, carried out and/or supervised by Kemhan and TNI as the person in charge of the budget. 54. Public Selection is a method of the selection of the Consultancy services provider for all the work that can be followed by all service providers qualified Consultancy. 55. A simple Selection is a method of the selection of the provider of Consultancy Services Consultancy that is worth at most Rp. 200,000,000.00 (two hundred million rupiah). 56. Competition is a method the selection of service providers who memperlombakan the original idea, creativity and innovation in particular that price/cost cannot be established based on the unit price. 57. The letter of guarantee is hereinafter referred to as guarantee, the guarantee is written which is easily melted and not conditional (unconditional), which is issued by a public Bank/company Guarantee/insurance companies that submitted by the providers of goods/services to the PPK/ULP satisfy the obligation to guarantee the goods/services Providers. 58. The TNI is the Indonesia national army. 59. The Organizational Unit (UO) is one of the levels in the Organization's program and budget Manager within the Defense function includes some Work Unit (Satker) and/or the main Command (Kotama). 60. the Procurement Services Unit hereafter ULP was a functioning Government organizational units carry out procurement of goods/services in an environment of Kemhan and the TNI which is permanent, it can stand alone or attached to existing units. 61. Micro business is people's productive individuals and/or businesses that meet the criteria of micro enterprises as stipulated in the law on micro, small and medium enterprises. 62. Small Business is the economic productive effort that stands on its own were done by individual persons or business entity which is not a subsidiary or branch is not owned, controlled or being part of either directly or indirectly from medium or large businesses that meet the criteria of small enterprise as stipulated in the law on micro, small and medium enterprises. www.djpp.depkumham.go.id 6 parts of Both the intent, purpose and scope of article 2 (1) these guidelines are intended to regulate the implementation of the procurement of goods/services in an environment of Kemhan and TNI are partially or completely financed from the Budget of the State Expenditures and Revenues. (2) the purpose of these guidelines in order that the implementation of the procurement of goods/services in an environment of Kemhan and the TNI is done in an efficient, effective, open, competitive, transparent, fair/not discriminatory, and accountable. (3) the scope of the guideline implementation include the provisions and procedures of procurement of goods/services, financed with funds of the budget of the State Expenditures Revenue (BUDGET) for environmental Kemhan and the TNI. Article 3 implementation of procurement of goods/services in an environment of Kemhan and the TNI include: a. Swakelola; and/or b. the selection of providers of goods/services. Article 4 procurement of goods/services in an environment of Kemhan and the TNI in the regulation of the Minister of Defense include: a. the procedures for the selection of Suppliers; b. procedures for the election of the other service providers; c. procedures for the selection of providers of construction jobs; and d. the procedures for the selection of consulting services. The third part of the implementation of article 5 Procurement Upon (1) the Minister may set the Defense procurement of defence materiel and equipment directly with foreign companies or manufacturers from abroad through intergovernmental cooperation (G to G). (2) the implementation of the above procurement of goods/services directed at the time of the creation of the State Defence strategic plan (Renstra Hanneg), containing the activities of organizing the defense of the country's medium-term (Program Activities of the Ministry of defence, the headquarters of the Indonesia national army and Tri Matra Force), so that the implementation of the procurement of goods/services in an environment of Kemhan and the TNI can be appropriate and right on target, while the principle of the procurement of goods/services in an environment of Kemhan and the TNI is aimed at : a. procurement of goods/services to support the development of the Defence Force (Bangkuathan) in order to support the defense system of the country held by the UO. Kemhan. b. procurement of goods/services to support the interests of the Defence Force (Gunkuathan) includes military operations, military operations other than war (OMSP) held by the UO TNI Headquarters. c. procurement of goods/services to support the interests of Coaching Defense Force (Binkuathan) in order to meet the needs There in order to maintain and enhance the ability of individuals or units held by the UO Force. www.djpp.depkumham.go.id


7 (3) in the execution of the above procurement, a power user can delegate its Budget to the recipient of the last authorization to appoint officials of makers of commitment. CHAPTER II PROCUREMENT VALUES Part One principles article 6 Procurement procurement of goods/services is obligated to apply the following principles: a. efficient, means the procurement of goods/services must be achieved by the use of limited resources and funds to achieve the targets set out in the shortest time-in a nutshell and can be accounted for; b. effective, means of provision of goods/services must comply with the specified requirements and can provide the maximum benefits in accordance with the targets set; c. open, means the procurement of goods/services must be open to goods/Services Provider that meets the requirements and is done through a healthy competition among providers of goods/services that are equivalent and qualified/certain criteria based on the provisions and procedures are clear and transparent; d. compete, meaning goods/services procurement is done through a healthy competition between as many providers of goods/services are equivalent and meet all requirements, so that it can be retrieved the goods/services offered are competitive and there are no interventions that disrupt the creation of market mechanisms in the procurement of goods/services; e. the transparent, meaning all the provisions and information regarding procurement of goods/services, including full technical administrative procurement, evaluation procedures, the results of the evaluation, determination of prospective providers of goods/services, its nature is open to participants of the goods/services providers who are interested as well as for society at large; f. fair/not discriminatory, it means giving equal treatment for all potential providers of goods/services and does not lead to give an advantage to a particular party, and the manner or for any reason; and g. accountable, means must achieve good physical, financial or benefit for smooth execution of public duties in accordance with the principles and provisions that apply in procurement of goods/services. The second part of the procurement Ethics article 7 Budget Users/User Power Budget, the official manufacturer of the commitment, the provider of goods/services, and the parties concerned in an environment of Kemhan and the TNI in the implementation of the procurement of goods/services must adhere to ethics as follows: a. carry out tasks in an orderly, accompanied by a sense of responsibility to achieve the target, the smoothness and accuracy of goal the procurement of goods/services; b. work professionally and independently, as well as maintaining the confidentiality of the documents for the procurement of goods and services which by their nature should be kept secret to prevent the occurrence of irregularities in the procurement of goods/services; www.djpp.depkumham.go.id 8 c. do not influence each other either directly or indirectly which result in the occurrence of competition is not healthy; d. receiving and responsible for all the decisions set out in accordance with the written agreement of the parties; e. avoid and prevent the occurrence of conflicts of interests of the parties concerned, either directly or indirectly in the process of procurement of goods/services; f. avoid and prevent the occurrence of financial leakage and waste in the State procurement of goods/services; g. avoid and prevent abuses of authority and/or collusion with the purpose of personal gain, or the other party directly or indirectly detrimental to the State; and h. did not accept, does not offer or not promising to give or accept gifts, reward, Commission rebates in the form of anything from or to anyone that is known or suspected to be reasonably related to the procurement of goods/services. CHAPTER III Parties in the PROCUREMENT of goods/services Unity Procurement Organizations parts of article 8 (1) the Organization of the procurement of goods/services for the procurement of goods/services Providers through consists of: a. the PA/KPA; b. PPK; c. ULP/Procurement Officials; and d. the organizers/Official Receiver Work. (2) the Organization of the procurement of goods/services for Procurement through the Swakelola consist of: a. the PA/KPA; b. PPK; and c. the organizers/Official Receiver Work. (3) the PPK may be assisted by a team of supporters that are necessary for the implementation of the procurement of goods/services. (4) the Organization established according to needs the ULP least consists of: a. the head; b. Secretariat; c. support staff; and d. the working group. The second part of the budget Users article 9 (1) of the PA has the following duties and authority to: a. establish a Public Procurement Plans; b. General Plan was widely announced Procurement of TNI and the Kemhan website; c. set the PPK; d. establish Procurement Officials; www.djpp.depkumham.go.id 9 e. Committee/Officials set the recipient Work; f. assign: 1. winners in the auction or the provider at Penunujukan Directly to the procurement package goods/Other Services/construction work with a value of Rp. 100,000,000,000.00 (one hundred billion Rupiahs IDR); or 2. the winner on the selection or Direct appointment Provider packages for procurement of Consultancy Services with a value of Rp. 10.000.000.000.00 (ten billion Rupiahs rupiah). g. supervise the implementation of the budget; h. financial report in accordance with the provisions of laws-the invitation; i. menyelesaiakan dispute between the PPK with ULP/Procurement Officials in the event of differences of opinion; and j. supervise the storage and maintenance of the entire document procurement of goods/services. (2) in addition to the basic tasks and authority as referred to in paragraph (1), in which case needed, PA can: a. establish the technical team; and/or b. set the jury team/team of experts for the implementation of the procurement through Competition/contest. (3) on the basis of consideration of the magnitude of the burden of the work or the Organization's full range, PA at Kemhan and the TNI assign one or several person KPA. The third part of the power users of the budget article 10 (1) KPA at Kemhan and the TNI is determined by officials of the PA. (2) the KPA has the authority pursuant pelimpahan by the PA, as stipulated in article 7. (3) the KPA in the environment Kemhan and INDONESIAN ARMED FORCES consist of the KPA, KPA Kotama UO and KPA Satker. (4) environmental Kemhan in UO KPA and the TNI, at the rate of: a. Kemhan: Secretary General of Kemhan b. TNI Headquarters: TNI Kasum c. AD: TNI Chief of staff d. TNI AL: Kasal e. TNI AU: Rafter (5) KPA Kotama Kemhan neighborhood and the TNI, at the rate of: a. Kemhan: Inspector, Director General, Kabadan b. Mabes TNI: TNI AD-c.: Wakasad, Pangkotama/Gub/and/Dir/Kabalakpus d. TNI AL : Wakasal, Pangarmatim, Pangarmabar, Pangkolinlamil, Dankormar, Dankobangdikal, Seskoal, And AAL Gub. e. AIR FORCE: Pangkotama, AAU, Gub Dankopaskhas, Dankoharmatau, Danseskoau www.djpp.depkumham.go.id 10 (6) Ka Kemhan and environment in the Satker TNI can act as the operational procurement office to KPA up to IDR 100,000,000.00 (one hundred million rupiah). The fourth part Commitment Maker Officials article 11 (1) PPK has basic tasks and authority as follows: a. set the plan of implementation of the procurement of goods/services that include; 1. the technical specifications of the goods/services; 2. Approximate Price (HPS); and 3. the draft contract. b. publish the letter designation of providers of goods/services; c. sign a contract; d. carry out contract with goods/services Providers; e. control of execution of the Contract; f. report on implementation/completion of procurement of goods/services to the PA/KPA; g. submit the results of the work of the procurement of goods/services to the PA/KPA with the news submission event; h. report on the progress of the work including the absorption of the budget execution of the work and the barriers to the PA/KPA quarterly; and i. storing and maintaining the integrity of all documents the execution of procurement of goods/services. (2) in addition to the basic tasks and authority as referred to in paragraph (1), in case necessary, PPK may: a. recommend to the PA/KPA: 1. change package work; and/or 2. changes to the schedule of activities of the procurement; b. set the support team; c. assign team or technical explanations givers experts (aanwijzer) to assist the implementation of ULP; and d. set the magnitude of the down payment will be paid to providers of goods/services. Article 12 (1) the Official Commitment Maker (PPK) is defined by the officials of the PA/KPA to carry out procurement of goods/services. (2) the PPK must meet the requirements as follows: a. have integrity; b. have high discipline; c. have the responsibility and managerial as well as technical qualifications to carry out the task; d. capable of taking decisions, act decisively and have the example in attitude and behavior was never involved KICKBACKS; e. the integrity Pact signed; f. not serving as financial manager; and g. skill certificate procurement of goods/services. www.djpp.depkumham.go.id


11 (3) managerial Requirements as referred to in paragraph (2) Letter c is: a. the lowest educated Bachelor Degree (S1) or One level field of expertise as far as possible in accordance with the demands of the job; b. have the shortest experience 2 (two) years actively involved in activities relating to the procurement of goods/services; and c. has the capability of working in a group in performing each task/job. (4) Officials appointed by decision makers of the Commitment by the user of the budget/budget power user has delegated those powers to the recipient's authorization. (5) officials of the banned Commitment Makers hold a bond agreement or signed a contract with the provider of the goods/services, if the budget is not yet available or not enough available budget that can result in dilampauinya the limits of the budget available for the activities financed from the Budget of the State Expenditures and Revenues. The fifth part of the ULP/Procurement Officials Article 13 (1) Kemhan and TNI are required to have a service that can provide a ULP/coaching in the field of procurement of goods/services within the fiscal year 2014, while the ULP has not yet been formed, PA/KPA can establish the Committee to carry out the Procurement procurement of goods/services. (2) the ULP on Defense Ministry formed by the Defense Minister and the ULP on the TNI in the form of Institutions by the Commander of the TNI. Article 14 (1) the selection of providers of goods/services in the ULP was done by the working group. (2) mandatory membership of ULP is established to: a. procurement of goods/other Services/construction work with a value of Rp. 100,000,000.00 (one hundred million rupiah);d 60s b. procurement Consultancy Services with a value of Rp. 50,000,000.00 (fifty million rupiah) (3) a member of a working group consisting of at least gasal numbered three (3) people and can be augmented in accordance with the complexity of the job. (4) the Working Group referred to in paragraph (1), may be assisted by a team of experts or technical explanation of the giver (Aanwijzer). (5) the members of the Working Group on ULP/Procurement Officer meet the following requirements: a. have integrity, discipline and responsibility in carrying out the task; b. understand the work that is to be held; c. understand the type of work that the task of the ULP/Procurement Officials concerned; d. understand the contents of the documents, procurement methods and procedures; e. has no family relationship with the officials who appointed him as a member of ULP/Procurement Officials; f. certificate Procurement expertise of goods/services in accordance with the competences required; and g. signed a Pact of integrity. (6) basic tasks and authority of ULP/Procurement Officer include: a. drafting plans for the selection of goods/services Providers; www.djpp.depkumham.go.id 12 b. setting Procurement Documents; c. set the nominal quantity Assurance of supply; d. announced the implementation of the procurement of goods/services at the website Kemhan and the TNI Board of each and the official announcement to the community as well as convey to LPSE to announced in the national Procurement Portal; e. assessing the qualifications of providers of goods/services through prequalification or pascakualifikasi; f. perform the evaluation of the administrative, technical and price against the incoming supply; g. Special for ULP: 1. answer the disclaimer; 2. assign the goods/services for Providers; a) Auction or Direct Appointment packages for procurement of goods/construction work/other services of value most highly IDR 100,000,000,000.00 (one hundred billion rupiah); or b) selection or Direct Appointment packages for Procurement Services Consultancy that most high-value of Rp. 10,000,000,000.00 (ten billion rupiah); 3. submit a copy of the document the selection of providers of goods/services to a PPK; 4. keep the original document election of the goods/services Providers; h. Special Procurement Officials; 1. assign the goods/services Providers for: a) the designation of the person or the direct Procurement packages for the procurement of goods/construction work/other services of value most highly IDR 100,000,000.00 (one hundred million rupiah); and/or b) Designation Directly or Direct Procurement packages for procurement of Consultancy Services which most high-value of Rp. 50,000,000.00 (fifty million rupiah); 2. submit the original documents the selection of providers of goods/services to the PA/KPA; i. report of the process and the results of the procurement to the PA/KPA; j. accountability and the implementation of the activities of the procurement of goods/services to the PA/KPA. (7) in addition to the basic tasks and authority of ULP/Procurement Officer referred to in subsection (6), in terms of the necessary Procurement Officer/ULP can propose to the PPK: a. changes to HPS; and/or b. a change in the technical specifications of the job. (8) a member of the ULP/Procurement Officers come from civil servants, whether from institutions and other agencies. (9) in the case of procurement of goods/services are special and/or require special skills, ULP/Procurement Officials can use the expertise that comes from civil servants or private. (10) a member of the ULP is prohibited as: a. PPK; b. Financial Manager; and c. Inspectorates, the exception being the Procurement Officer/Member of the ULP for procurement of goods/services required another instance. www.djpp.depkumham.go.id 13 of article 15 (1) package of procurement of goods/Other Services/construction work are worth at most Rp 100,000,000.00 (one hundred million rupiah) may be executed by the ULP or 1 (one) person Procurement Officials. (2) the procurement of consultancy services Package is worth at most Rp. 50,000,000.00 (fifty million rupiah) may be executed by the ULP or 1 (one) person Procurement Officials. (3) direct Procurement is carried out by one (1) person Procurement Officials. The Sixth Committee/Official Receiver Work article 16 (1) PA/KPA/Committee set the recipient's Official Work. (2) the members of the Committee/Official Receiver Work comes from civil servants, whether from institutions and other agencies. (3) Excluded a provision referred to in subsection (2), the members of the Committee/Officials of the recipient Work at other institutions or community groups on NATIONAL BUDGET Users Implementing Swakelola can come from is not a civil servant. (4) the Committee/Official Receiver mandatory Job Results meet the requirements as follows: a. have integrity, discipline and responsibility in carrying out the task; b. understand the content of the contract; c. have the technical qualifications; d. signed the Pact of Integrity; and e. not served as financial manager. (5) the Committee/officials of the recipient of the Work referred to in subsection (4) has the duty and authority to: a. conduct the examination of the results of the work of the procurement of goods/services in accordance with the conditions set forth in the contract; b. accept the results of the procurement of goods/services through the inspection/testing; and c. make and sign the Handover Events News Work. (6) in case the inspection of goods/services require special technical expertise, can be formed team/experts to assist in the implementation of the tasks of the Committee/Official Receiver Work. (7) the team/experts as referred to in paragraph (6) are defined by PA/KPA. (8) in the case of Procurement Services Consultancy, inspection of the work referred to in subsection (5) the letter a, made after coordinating with the relevant Consultancy Services Users. The seventh section goods/services Providers article 17 (1) a provider of goods/services in the implementation of the mandatory procurement of goods/services meet the following requirements: a. comply with the regulations for running the business/activity as a provider of goods/services; b. have the expertise, experience, technical and managerial capabilities to provide the goods/services; www.djpp.depkumham.go.id


14 c. obtain at least 1 (one) work as providers of goods/services within 4 (four) last year in both the Government and private environment, including experience of subcontracting; d. conditions as stated on the letter c, excluded for goods/services Providers the new stand at less than 3 (three) years; e. have the human resources, capital, equipment and other facilities that are required in the procurement of goods/services; f. in the event that goods/services Providers will undertake partnership, a provider of goods/services must have an operating agreement/partnership that contains the percentage of the partnership and the company that represents such partnership; g. has the ability in the areas of work that are appropriate for micro enterprises, small businesses and small cooperatives as well as ability on the appropriate job for subfields non-minor; h. have the basic capabilities (KD) for non-minor, except for the services of Consultants; i. specific to procurement of construction work and other services, should take into account the rest of the Pack Ability (SKP) as follows: SKP = KP = KP P-value Capability Package, provided: a) for small businesses, the value of the capability packages (KP) is determined as many as five packages of work; and b) for small, non value Capability packages (KP) is defined as 6 (six) or 1.2 (one comma two) n. P = number of packages being worked on N = number of most jobs package that can be handled at the same time over a period of 5 (five) year last j. isn't in the supervision of the Court, not bankruptcy, its business activities not being terminated and/or the Board of Directors acting for and on behalf of the company not being through criminal sanctions , as evidenced by an affidavit signed by the provider of the goods/services; k. as taxpayers already have Taxpayer Staple Number (NPWP) and has fulfilled obligations taxation years (SPT annual) as well as having a monthly report PPh Pasal 21, PPh Pasal 23 (when there are transactions), PPh Pasal 25/article 29 and VAT (for employers Taxable) most short 3 (three) months in the current year; b. legally committing yourself has the capacity to contract; m. not to enter the black list; n. have a fixed address and clear and accessible by service delivery; and o. signed a Pact of integrity. p. For the procurement of goods/services which directly from source/manufacture then its business permit qualification is a business license Production in accordance with the rules and regulations of the country field. (2) the requirements referred to in paragraph (2) Letter c, letter d, letter f, letter h and the letter i, excluded for goods/services Providers with an individual person. (3) Kemhan and the TNI Officers were forbidden to become providers of goods/services, except the concerned took time off excluding dependents. TNI and Kemhan. (4) goods/Services Provider participation raises conflict of interest prohibited became providers of goods/services. www.djpp.depkumham.go.id 15 Article 18 (1) KD as stipulated in article 15 paragraph (1) the letter h on a similar job for subfields non small calculated with the following conditions: a. for construction work, KD is equal to three (3) NPt (the value of the highest Experience within 10 (ten) last year); b. for the work item, KD is equal to four (4) NPt (the value of the highest Experience within 10 (ten) last year); c. for other service Procurement, KD is equal to 5 (five) NPt (the value of the highest Experience within 10 (ten) last year). (2) KD at least equal to the total value of the work HPS will dilelangkan. (3) the provisions referred to in paragraph (1) excluded in terms of procurement of goods/services can not be followed by a national company because there has not been a national company that is able to meet the KD. (4) in the case of partnerships, that counts meets KD from the company which represents partnership (leadfirm). Article 19 (1) in terms of the nature and scope of the activities of the procurement of goods/services is too broad, or the type of expertise required to complete the activities could not be carried out by one (1) a provider of goods/services, then in the implementation of the procurement of goods/services: a. given the opportunity which allows its goods/Services Provider merged in a consortium or other forms of cooperation; and/or b. given an opportunity which allows providers of goods/services or goods/Services Provider Consortium to use foreign experts. (2) foreign experts as referred to in paragraph (1) letter b, used all necessary to fullfill the needs of different types of expertise which has not been owned and to improve the technical ability to handle the activity or job. CHAPTER IV GENERAL PLAN PROCUREMENT OF GOODS/services article 20 (1) Public Procurement plans PA goods/services in accordance with the requirements in Kemhan and the TNI; (2) a General Plan procurement of goods/services as referred to in subsection (1) include the following: a. activities and budget procurement of goods/services to be financed by the Kemhan and the TNI's own; and/or b. activities and budget procurement of goods/services to be financed on the basis of a partnership between L/D/K/I in joint financing (co-financing), as long as it takes. (3) a General Plan procurement of goods/services include the following activities: a. identify the needs of the goods/services that are needed and the TNI Kemhan; b. compose and set plans for the procurement of goods/services as referred to in paragraph (2); c. set the public policy about the packaging: 1) work; 2) method of procurement of goods/services; and 3) organizing the procurement of goods/services; d. drafting terms of reference work (KAK). (4) KAK as referred to in paragraph (3) the letter d at least contain: www.djpp.depkumham.go.id 16 a. Description of activities to be implemented; b. the implementation time required; c. technical sepesifikasi goods/services to be held; and d. the magnitude of the total estimated cost of the work. Article 21 (1) preparation of a plan of Public procurement of goods/services on Kemhan and the TNI for the next fiscal year or years of the upcoming Budget, to be completed in the fiscal year that runs. (2) Kemhan and the TNI provides costs for the implementation of the selection of the provider of the goods/services are financed from the STATE BUDGET, which includes: a. the Organization's personnel Procurement honorarium/service including technical team, support team and project staff; b. cost of goods/services Procurement announcements include the cost of repeated announcements; c. the cost of doubling the procurement of goods/services Documents; and d. other costs required to support the implementation of the procurement of goods/services. (3) Kemhan and the TNI provides costs for the implementation of the selection of goods/Services Provider pengadaannya will be made in the next Budget. (4) Kemhan and the TNI can propose a standard Charge quantity (SBU) honorarium for organization personnel related procurement, as input/considerations in the determination of the SBU by Finance Ministers. Section 22 (1) PA do packaging goods/services in the General Plan of goods/services Procurement activities and budget Kemhan and TNI. (2) the Packaging is done by assigning as many business package for micro and small enterprises as well as small cooperatives without neglecting the principle of efficiency, healthy competition, the unity of the system and the quality of technical ability. (3) in performing packaging goods/services, PA is prohibited: a. unify or centralize some activities spread over multiple locations/areas according to the nature of work and the level of efficiency should be carried out in several locations/regions respectively; b. the procurement package together according to the nature and type of his work can be separated and/or quantity value is supposed to be done by micro and small enterprises as well as small cooperatives; c. procurement of goods/services break down into several packages with the intention of avoiding the auction; and/or d. determine criteria, the requirements of the procurement procedure or discriminatory and/or with consideration that is not objective. Article 23 (1) Public Procurement announced plans to PA goods/services dimasing-masing Kemhan and TNI are open to the public once the work plan and budget Kemhan and the TNI was approved by the HOUSE of REPRESENTATIVES. (2) the announcement referred to in paragraph (1), at least contain: a. name and address of the user's Budget; b. the work package will be funded; c. location of employment; and d. an estimate of the magnitude of the cost. www.djpp.depkumham.go.id


(3) the announcement referred to in paragraph (2), carried out in the Kemhan website and the TNI and the official bulletin board for community as well as National Procurement Portal through LPSE. (4) Kemhan and the TNI could announce the plan of implementation of the procurement of goods/services that his contract will be implemented in the next fiscal year/to come. Chapter V General Provisions SWAKELOLA the first section Swakelola section 24 (1) Swakelola is the goods/services Procurement activities in which his works are planned, carried out and/or supervised by Kemhan and TNI as the person in charge of the budget, other government agencies and/or community groups. (2) the work can be done with Swakelola include: a. work aimed at improving the ability and/or utilizing technical skills in human resources as well as in accordance with the basic tasks of TNI and Kemhan; b. operation and maintenance work that requires direct participation of local communities; c. the work is viewed in terms of the quantity, nature, location or pembiayaannya not interested by the providers of goods/services; d. the work in detail/detail cannot be calculated/prescribed in advance, so that when implemented by the providers of goods/services will pose a great risk and uncertainty; e. Organization of education and training, courses, seminars, workshops, upgrading or extension; f. the work for a pilot project (pilot project) and surveys that is specific to the technology development/working methods that have yet to be implemented by providers of goods/services; g. employment surveys, data processing, formulation of Government policy, testing in the laboratory and the development of a particular system; h. confidential work for the TNI and Kemhan; i. the work Industry, innovative and Creative culture in the country; j. research and development in the country; and/or k. internationals jaan defense industry, industrial development there in the country. (3) procedure Swakelola activities include planning, implementation, supervision, submission, reporting and accountability work. (4) z Procurement through Swakelola can be done by: a. Kemhan and the TNI as the person in charge of the budget; b. other government agencies Implementing Swakelola; and/or c. Implementing community groups Swakelola. (5) PA/KPA set type of work as well as those who will carry out the procurement of goods/services in Swakelola. Article 25 (1) procurement of Swakelola by Kemhan and the AIR FORCE in charge of the budget: www.djpp.depkumham.go.id 18 a. planned, carried out and supervised by Kemhan and TNI as the person in charge of the budget; and b. uses its own employees, employees of other TNI and Kemhan and/or be able to use experts. (2) the number of experts as referred to in paragraph (1) letter b, shall not exceed 50% (fifty percent) of the total number of employees of the Kemhan and the TNI were involved in the activities of Swakelola are concerned. (3) the procurement of Swakelola done by other government agencies Implementing Swakelola is implemented with the following conditions: a. planned and supervised by Kemhan and TNI as the person in charge of the budget; and b. the implementation work is done by government agencies that are not in charge of the budget. (4) the procurement through Implementing community group Swakelola by Swakelola follow the following conditions: a. planned, implemented and supervised by community groups Implementing Swakelola; b. objectives specified by Kemhan and the TNI as the person in charge of the budget; and c. the main work prohibited to be transferred to another party (subcontracting). Article 26 (1) Swakelola planning activities include: a. goal setting, planning, activities and schedule of implementation; b. preparation of the implementation schedule with regard to sufficient time for implementation of the work/activities; c. technical planning and preparation of the proper implementation of the method in order to obtained the plan needs energy, materials and equipment; d. preparation of a plan of energy needs, materials and equipment, detailed and spelled out in the plan of work, the monthly, weekly work plan and/or daily work plan; and e. the preparation of total cost of the plan in detail in the plan monthly fee and/or charge a weekly not beyond a predetermined Budget Launched in budget documents. (2) the planning of the activities of the Swakelola can be done by taking into account the experts/equipment/materials in particular that carried out by contract/Lease. (3) planning activities contained in Swakelola KAK. (4) the planning of the activities of the proposed Swakelola and implemented by community groups Implementing Swakelola, set by PPK after going through the evaluation process. (5) preparation of a schedule of activities Swakelola done by allocating time to the process of planning, implementation, supervision, submission and reporting work. (6) PA/KPA is responsible for Implementing community group assignment Swakelola including goals, objectives and budget quantity Swakelola. (7) PA/KPA can propose a standard cost for implementing Swakelola honorarium to the Minister of finance. (8) Swakelola can be implemented exceed 1 (one) year budget. www.djpp.depkumham.go.id 19 part two Implementation Swakelola article 27 procurement of goods/services through swakelola by Kemhan and TNI as the person in charge of the budget is implemented with the following conditions: a. the procurement of materials/Other goods, services, equipment/parts and experts conducted by the ULP/Procurement Officials; b. procurement referred to in letter a are based on the provisions in the regulation of the Minister of defence; c. payment of the wage labor is necessary done periodically based on a list of present workers or by way of wholesale wage; d. payment of salary required expert tenga is done on the basis of a contract; e. use of manpower, materials and/or equipment are recorded every day in the daily reports; f. implementation of the goods/services that use Money Supply (UPS)/Uang Advance work or other terms which equated conducted by government agencies implementing Swakelola; g. UP/Down work or other terms which equated, accounted for most of the old maximum periodically every month; h. physical progress is recorded on a daily basis and evaluated every week tailored to the absorption of funds; i. progress of non physical or software are recorded and evaluated each month tailored to the absorption of funds; and j. surveillance of physical work in the field was conducted by the executor appointed by the PPK, based on a predetermined plan. Article 28 Procurement through Swakelola by other government agencies implementing Swakelola is implemented with the following conditions: a. the execution carried out on the basis of the contract between the PPK on Kemhan and the TNI as the person in charge of the budget with implementing Swakelola on other government agencies implementing Swakelola. b. procurement of materials, other services, equipment/parts and the necessary experts conducted by the Procurement Officer/ULP at other government agencies implementing Swakelola; c. procurement referred to in subparagraph b based on a provision in the regulation of the Minister; d. payment of wage labor needed is done on a daily basis based on the list of present workers or by way of wholesale wage; e. payment in Exchange for the necessary expertise is done on the basis of a contract; f. use of labor, materials/goods and/or equipment are recorded every day in the daily reports; g. physical progress is recorded on a daily basis and evaluated every week tailored to the absorption of funds by other government agencies implementing Swakelola; h. progress non physical or software are recorded and evaluated each month tailored to the absorption of funds by government agencies implementing another, Swakelola; and i. the physical work in the field of supervision exercised by its designees PPK on Kemhan and the TNI as the person in charge of the budget, based on a predetermined plan. www.djpp.depkumham.go.id


20 Article 29 Swakelola in Procurement by Implementing community group Swakelola implemented with the following conditions: a. the implementation of Swakelola by Implementing community group Swakelola performed on the basis of the contract between the PPK on Kemhan and the TNI as the person in charge of the budget with Implementing community groups Swakelola; b. implementation of the procurement of goods/services only turned over to community groups Implementing Swakelola that is able to carry out the work; c. procurement of construction works can only be shaped rehabilitation, renovation and construction of simple; d. new building construction that is not simple, built by Kemhan and TNI as the person in charge of the budget for the next left to community groups in accordance with the regulations; e. procurement of materials/Other goods, services, equipment/parts and the necessary experts conducted by Implementing community group Swakelola having regard to the principles of procurement and the procurement ethics as set forth in the regulations of the Minister; f. channeling funds to community groups Implementing Swakelola is done gradually with the following conditions: 1. a 40% (forty-perseratus) of the total funds Swakelola, when Implementing community groups Swakelola are ready implement Swakelola; 2.30% (thirty-perseratus) of the total funds Swakelola, when the work has reached 30% (thirty-perseratus); and 3. 30% (thirty-perseratus) of the total funds Swakelola, when the work has reached 60% (sixty-perseratus). g. attainment of progress of the work and the Fund of Swakelola issued, reported by community groups Implementing Swakelola periodically to PPK; h. the oversight of implementation of the work done by groups of people Implementing Swakelola; and i. accountability work/activities submitted to the Procurement of TNI and funder Kemhan Swakelola in accordance with the legislation. The third part reporting, Oversight and accountability Swakelola article 30 (1) implementation of Swakelola overseen by person in charge of the budget or by Implementing community groups Swakelola. (2) the progress of the implementation of the work and the use of Finance reported by executing/Implementing Swakelola to the PPK at regular intervals. (3) progress report on the financial and physical realization is reported every month by Implementing hierarchical Swakelola to the PA/KPA. (4) the Inspectorate at Kemhan and TNI as the person in charge of the budget audit against the implementation of Swakelola. www.djpp.depkumham.go.id 21 CHAPTER VI PROCUREMENT of goods/services through PROVIDERS of GOODS/Services Procurement Preparation of the first part of article 31 preparation of goods/Services Provider selection consists of the activities: a. planning the selection of providers of goods/services; b. election of the procurement system; c. determination of qualification assessment methods; d. preparation of a schedule of goods/Services Provider selection; e. preparation of Procurement Documents of goods/services; and f. determination of HPS. The second part of the election Planning Goods/Services Providers with article 32 (1) Planning the selection of providers of goods/services consists of the activities: a. redenomination package work; and b. procurement activities schedule redenomination. (2) election Planning providers of goods/services as referred to in paragraph (1), may be made by: a. PPK; and/or b. a ULP/Procurement Officials. (3) election Planning providers of goods/services done by: a. comply with the real conditions in the field locations/at the moment will carry out the selection of providers of goods/services; b. consider the interests of the community; c. consider the type, nature and value of the goods/services as well as the number of providers of goods/services; and d. notice provisions of packaging as referred to in article 25 paragraph (3). (4) in the event of a change of employment package then: a. PPK proposes changes to the job package PA/KPA to set; or b. ULP/Procurement Officials propose changes to package the work through the PPK for defined by PA/KPA. www.djpp.depkumham.go.id 22 the third part of the election system in the procurement of the first paragraph of the determination method of the selection of providers of goods/construction works/services Other Article 33 (1) ULP/procurement Officials devised a method of election and set suppliers/Other Services/construction work. (2) the selection of Suppliers/other services done by: a. an auction consisting of Public Auction and the auction is simple; b. direct appointment; c. direct procurement; or d. the contest/competition (3) the selection of providers of construction work done with; a. public auction; b. auction limited; c. direct elections; d. the appointment directly; or e. a direct procurement. (4) contest/Competition was conducted specifically for the selection of goods/services Other Providers that are the result of innovative, creative industries and culture in the country. Article 34 (1) the selection of suppliers/other services/construction work principally done through public auction method with pascakualifikasi (2) specific to construction work that is complex and is believed to be the number of provider selection is limited, a provider of construction work done by the limited Auction. (3) the selection of Suppliers/Other Services/construction work through the method of Public Auction is announced at least on the website Kemhan and the TNI, and the official notice boards for the community as well as National Procurement Portal through LPSE, so that the wider community and businesses who are interested and meet the qualifications can follow suit. (4) in a Public Auction no technical and price negotiations. Article 35 (1) the procurement of work that is not complex and is worth at most Rp. RP 200 (two hundred million rupiah) can be done with a simple Auction: a. procurement of goods/services for others; or b. the direct election for the procurement of construction works. (2) auction is simple or direct election is done through a process of pascakualifikasi. (3) auction is simple or direct elections are announced at least on the website Kemhan and the TNI, and the official notice boards for the community as well as National Procurement Portal through LPSE, so that the wider community and businesses who are interested and meet the qualifications can follow suit. (4) in the auction is simple or direct elections there is no technical and price negotiations. www.djpp.depkumham.go.id 23 Article 36 (1) direct appointment of one (1) Suppliers/Other Services/construction work can be done in terms of: a. the specific circumstances; b. procurement of goods and special/Special construction works/services of other special interests. (2) the appointment is done by Direct invite one (1) Suppliers/Other Services/construction work that is judged capable of carrying out the work and/or qualifications. (3) the designation of the Direct negotiations conducted with both technical as well as price so that the retrieved prices that correspond to the market price applicable and technically can be accounted for. (4) the criteria of certain circumstances that allow direct Designation do Suppliers/Other Services/construction work as intended in paragraph (1) letter a, include the following: a. the handling of an emergency that cannot be planned in advance and the timing of completion of his work should be/cannot be postponed for: 1. the defence of the State; 2. the safety and order of society; and 3. safety/protection of the public that the execution of its work cannot be postponed/should be done immediately, including: a) due to natural calamities and/or other non natural disasters and/or social disaster; b) within the framework of disaster prevention; and c) consequential damages means infrastructure that can stop the activities of the public service. b. Organization of the work of preparation of the Conference of the international commitment to follow up on a surprise and was attended by President/Vice President; c. activities regarding the defence of the country as stipulated in article 38 paragraph (2) Letter c presidential regulation Number 54 of 2010 which includes: 1. development of State Defense facility that is directly related to the AIR FORCE There that is a military base that includes infrastructure facilities, beach facilities infrastructure infrastructure facilities, and air defense army. 2. development of the means of defence of countries that are not directly related to the AIR FORCE There, but in terms of the aspects of the site has high confidentiality. 3. the construction, development, maintenance of Alutsista/Non believed There is only one source. 4. the construction, development, maintenance of Alutsista/Non There with consideration of standardization, advanced procurement, strategic and policy; and 5. handling activities in order to support the AIR FORCE operations. d. goods/construction works/services More specific and can only be carried out by one (1) Other goods/services Providers because of one (1) factory, one (1) the holder of a patent, or a party which has got the permission from the copyright holder, or parties who became the winner of the auction to get permission from the Government. (5) the criteria of special items/Special construction work/other services that are specifically allowing Direct Appointment conducted as referred to in paragraph (1) letter b, include: www.djpp.depkumham.go.id


24. Other goods/services based on the official rates set out Government; b. work of the construction of buildings that are a single unit construction system and a unity of responsibility for the risk of failure of the building as a whole cannot be planned/taken into account previously (unforeseen condition); c. work of the technically advanced is the unity of the nature of the construction pertanggungannya against the failure of the building cannot be broken down from jobs that have been conducted previously, as referred to in article 12 paragraph (1) letter a number 5 Government Regulation Number 59 in 2010 about changes to the Government Regulation Number 29 in 2000 on the Organization of construction services. d. goods/construction works/services More complex nature can only be conducted with the use of special technologies and there is only 1 (one) Provider that is capable of; e. the work of the Procurement and distribution of medicinal materials, drugs and health equipment consumables in order to guarantee the availability of the medicine for the implementation of the community health services increase the type and the price is set by the Minister responsible in the field of health; f. procurement of motor vehicle with special rates for the Government which has been widely publicized to the community; g. rent lodging/hotels/meeting room charge is open and accessible to the public; or h. Advanced rent buildings/Office and advanced rent other open or closed spaces with the provisions and procedures of payment and price adjustment that can be accounted for. Article 37 (1) Direct Procurement can be made to the procurement of goods/Other Services/construction work are worth at most Rp. RP 100,000,000 (one hundred million rupiah) with the following conditions: a. is the operational needs and the TNI Kemhan; b. simple technology; c. small risk; and d. implemented by goods/Services Provider business person individuals and/or small business entity as well as a small cooperative, except for packages of work that demands technical competency which cannot be met by micro, small enterprises and cooperatives. (2) Direct Procurement is carried out based on the prevailing price in the market to Suppliers/Other Services/construction work. (3) Direct Procurement is carried out by one (1) Procurement Officials. (4) PA/KPA are prohibited from using Direct Procurement method as an excuse to break up the Procurement package into multiple packages with the intent to avoid the auction. Article 38 (1) Competition used to Procure other Services have the following characteristics: a. is the process and the result of the ideas, creativity, innovation, culture and specific implementation methods; and b. cannot be set based on the unit price. www.djpp.depkumham.go.id 25 (2) of the contest used to Procure goods that have the following characteristics: a. does not have a market price; and b. cannot be set based on the unit price. (3) the ULP/Procurement Officials set the administrative and technical requirements for: a. Manufacturers who will enter the contest; b. Other Providers will follow the Competition. (4) in determining the administrative requirements as referred to in paragraph (3), the ULP/Procurement Officials can establish an easier terms of goods/Services Provider requirements as referred to in article 15. (5) technical requirements drawn up by a team of experts in their field. (6) the preparation and implementation of evaluation methods the evaluation carried out by a team of experts in their field. The second paragraph of the determination method of the selection of the Consultancy service providers Article 39 (1) ULP/Procurement Officials draw up and establish methods of selection Consultancy services provider. (2) Consultancy services provider Pemilhan done taknis and cost through negotiations so that the retrieved prices in accordance with market prices and technically can be accounted for. (3) the selection of the Consultancy service providers is carried out by: a. Selection consisting of Public Selection and the selection is simple; b. Direct Appointment; c. Direct Procurement; or d. the Swayamvara. Article 40 (1) the selection of Consultancy services provider principally done through Public Selection Method. (2) the selection of the Consultancy service providers through Public Selection Method was announced at least on the website Kemhan and the TNI, official bulletin board for community and National Procurement Portal through LPSE, so that the wider community and businesses who are interested and meet the qualifications can follow suit. (3) a short list in the General Selection amounted to 5 (five) to 7 (seven) Consultancy services provider. Article 41 (1) a simple Selection can be done against the procurement of Consultancy Services in terms of Public Selection is judged inefficient in terms of the cost of the selection. (2) a simple Selection can be done for the procurement of Consultancy Services which: a. are simple; and b. is worth at most Rp. 200,000,000.00 (two hundred million rupiah). (3) the selection of the Consultancy service providers through a simple Selection Method was announced at least on the website Kemhan and the TNI, official bulletin board for community and National Procurement Portal through LPSE, so that the wider community and businesses who are interested and meet the qualifications can follow suit. (4) a short list in selection Simple numbered three (3) to 5 (five) Consultancy services provider. www.djpp.depkumham.go.id 26 Article 42 (1) direct appointment of one (1) Consultancy services provider can be in certain circumstances. (2) criteria for certain circumstances as referred to in paragraph (1), include: a. emergency handling cannot be planned in advance and the timing of completion of his work should be/cannot be postponed for: 1. the defence of the State; 2. the safety and order of society; and 3. safety/protection of the public that the execution of its work cannot be postponed/should be done immediately, including: a) due to natural calamities, disasters natural and social disasters non; b) within the framework of disaster prevention; and c) consequential damages means infrastructure that can stop the activities of the public service. b. activities concerns the defence of the country as stipulated in article 44 paragraph (2) letter b presidential regulation Number 54 of 2010 which includes: 1) services Consultancy planning consultancy services and construction supervision of construction and infrastructure Defense State that is directly related to the AIR FORCE There that is a military base that includes infrastructure facilities, beach facilities infrastructure infrastructure facilities, and air defense army. 2 construction planning Consultancy Services) and construction supervision consultancy services and infrastructure Defense State that are not directly related to the AIR FORCE There yet in terms of the aspects of the site has a high level of confidentiality. c. election of the consultancy service provider planners of construction and construction supervisor for the job is technically advanced construction of the unity of the nature pertanggungannya towards building failures cannot be broken down from jobs that have been conducted previously, as referred to in article 8 paragraph (1) letter a number 5 presidential regulation Number 59 in 2010 about changes to the presidential regulation Number 29 in 2000 on the Organization of construction services; d. the work can only be carried out by one (1) Consultancy services provider; and e. the work can only be carried out by one (1) the holder of a copyright or a registered party that has obtained the permission of the copyright holder. (3) Direct Designation do with prequalification process against one (1) Consultancy services provider. Article 43 (1) Direct Procurement can be done against the procurement of Consultancy Services have the following characteristics: a. is Kemhan and the TNI's operational needs; and/or b. worth at most Rp. 50,000,000.00 (fifty million rupiah). (2) Direct Procurement is carried out by one (1) Procurement Officials. (3) PA/KPA are prohibited from using Direct Procurement method as an excuse to break up the procurement package into multiple packages with the intent to avoid the selection. www.djpp.depkumham.go.id


27 Article 44 (1) of the Competition Procurement Consultancy Services made against that has the following characteristics: a. is the process and the result of the ideas, creativity, innovation and specific implementation methods; and b. cannot be set based on the unit price. (2) the ULP/Procurement Officials set the administrative requirements for Consultancy services provider who will follow the Competition. (3) in determining the administrative requirements as referred to in paragraph (2), the ULP/Procurement Officials can establish an easier terms of goods/Services Provider requirements as referred to in article 15. (4) technical evaluation methods and Requirements defined by the ULP/Procurement Officials after obtaining input from a team of experts in their field. (5) the implementation of an evaluation carried out by a team of experts in their field. The third paragraph of the determination methods of delivery Document of article 45 (1) ULP/Procurement Officials draw up and establish a method of incorporation Documents of bidding. (2) the method of incorporation Documents Offer consists of: a. method 1 (one) cover; b. method 2 (two) cover; or c. the method 2 (two) stages. (3) the methods of one (1) of the cover used for the procurement of goods/services that are simple and have the following characteristics: a. procurement of goods/services a standard price has been established Government; b. procurement of Consultancy Services with a simple KAK; or c. the Procurement/construction works/services and other technical specification or volume can be expressed clearly in the Procurement Documents. (4) other than as referred to in paragraph (3), cover one method used in the designation of the direct/Direct Procurement/contest/Competition. (5) method of the cover 2 (two) is used to: a. procurement of goods/services using the evaluation value system or the system cost over age economically. b. procurement of Consultancy Service which has the following characteristics: 1) required a separate assessment between technical requirements with the bid price, so the price does not affect the assessment of the technical assessment; or 2) job are complex so it is needed a more in-depth technical evaluation. (6) the method of two-stage used for the procurement of goods/Other Services/construction work which has the following characteristics: a. a job are complex; b. meets the criteria of a particular performance of the overall system, including considerations of convenience or efficiency of operating and keeping equipment; and c. has a number of alternative uses of the system design and application of different technologies. www.djpp.depkumham.go.id 28 the fourth paragraph of the determination of the evaluation methods of procurement of goods/construction works/services Other Article 46 (1) bidding evaluation methods in the selection of Suppliers/Other Services/construction work consists of: a. knockout; b. system of values; and c. the cost assessment system for age economically. (2) evaluation method of bidding for procurement of goods/Other Services/construction work on the principle of using the assessment system. (3) excluded from the provisions referred to in subsection (2), the procurement of goods/Other Services/construction work that is complex, can use evaluation methods the system value or cost assessment evaluation methods for age economically. (4) the value of the System is done with the following conditions: a. the quantity weights costs between 70% (seventy perseratus) up to 90% (ninety-perseratus) of the total weight of the whole; b. items must be appraised quantitatively or can be dikuantifikasikan; and c. the procedures and criteria for assessment must be attached with a clear and detailed in the Procurement Documents. (5) in conducting the evaluation of the Procurement Officials banned ULP/edit, add and/or reduce the criteria and procedures for evaluation after the deadline for submissions Document Deals. The fifth paragraph of the evaluation method of Bidding In the procurement of Consultancy Services of article 47 (1) evaluation Method in the selection of service providers offer Consultancy can be done using: a. evaluation methods based on quality; b. evaluation methods based on quality and cost; c. evaluation methods based on Pagu Budget; or d. the evaluation methods based on lowest cost. (2) evaluation methods based on quality as referred to in paragraph (1) letter a, is used for jobs that are: a. give priority to the quality of the technical offer as the determining factor against the results/benefits (outcomes) as a whole; and/or b. a difficult job scope specified in the KAK. (3) evaluation methods based on quality and costs referred to in subsection (1) letter b, used for work that: a. the scope, the output (output), the time of the assignment and other things can be predicted well in KAK; and/or b. the magnitude of costs can be determined easily, clearly and precisely. (4) evaluation methods based on Pagu Budget as referred to in paragraph (2) Letter c, is used for work that: a. There are already rules governing (standard); b. can be specified with precision; and c. the budget does not exceed certain pagu. www.djpp.depkumham.go.id 29 (5) evaluation methods based on lowest cost referred to in paragraph (1) letter d, used for work that is both simple and standard. (6) in the evaluation based on quality and cost, technical and cost value weighting is governed by the terms: a. technical offer weights between 0.60 (sixty per hundred) to 0.80 (eighty per hundred);d 60s b. weights offer costs between 0.20 (twenty per hundred) to 0.40 (forty per hundred). (7) All services of a Consultancy Job offer evaluation must be accompanied by a clarification and negotiation, with the following conditions: a. the unit price can be negotiated that is non biayalangsung personnel who can be replaced (reimburseablecost) and/or direct costs personnel judged unnatural; b. the cost aspects need to be clarified or negotiations especially: 1) the suitability of the work plan with the kind of expenses; 2) volume of activity and type of expenditure; and 3) unit costs compared with the prevailing market cost/reasonableness of costs. c. clarification and/or negotiations towards the direct costs of the unit's personnel is done based on the Payroll that has been audited and/or proof of income tax experts setor consultants concerned; d. the cost of the direct costs of personnel the highest 3.2 (three comma two) times the basic salary received experts remains high and most 2.5 (two comma five) times income salary experts is not fixed; and e. the unit direct costs of personnel is calculated based on the unit of time. The sixth paragraph of the determination of the type of Contract Article 48 (1) ULP/Procurement Officials set a kind of Contract procurement of goods/services. (2) the type of Contract procurement of goods/services include the following: a. the contract based on the method of payment; b. the contract based on the imposition of fiscal year; c. the contract is based on funding sources; and d. the contract based on the type of work. (3) goods/services Procurement Contract based on the method of payment as referred to in paragraph (2) letter a consists of: a. a Lumpsum Contract; b. Contract unit price; c. Combined Lumpsum Contract and unit price; d. percentage of Contracts; and e. the contract Received So (Turnkey) (4) type of goods/services Procurement Contract based on the imposition of fiscal year referred to in paragraph (2) letter b consists of: a. a single Year Contract; and b. the contract year is plural. (5) type of goods/services Procurement Contract based on sources of funding referred to in paragraph (2) Letter c consists of: www.djpp.depkumham.go.id


30 a. Single Procurement Contract; b. Joint Procurement Contracts; c. Contractual Umbrella (Framework Contract); and d. the contract (6) procurement of goods/Service Contract based on the type of work referred to in paragraph (2) letter d consists of: a. a single Job Procurement Contracts; and b. the contract Procurement Job integrated. Article 49 (1) Lump Sum Contract is a contract of procurement of goods/services upon completion of the whole work in certain time limits as set out in the contract, with the following conditions: a. the amount of the price of certain and fixed as well as price adjustment is not possible; b. all risks are entirely borne by the providers of goods/services; c. payments based on the stages of product/output generated according to the contents of the contract; d. nature of work oriented to the output (output based); e. total bid price binding; and f. not allowed the existence of jobs add/less. (2) a contract is a Contract unit price procurement of goods/services upon completion of the whole work within the time limit that has been set with the following conditions: a. the unit price and fixed inevitably to any unit or element of work with certain technical specifications; b. the volume or quantity of her work are still estimated at the time the contract is signed; c. the payout is based on the measuring results along the top of the volume of work that have actually been carried out by the provider of the goods/services; and d. the possible existence of jobs added/less based on measurement results along the top of the work required. (3) the combined Lumpsum Contract and unit price is a contract which is a combined Lumpsum and unit price in 1 (one) work that is exchanged. (4) a contract is a contract for the Procurement Service percentage of Consultancy/other services, with the following conditions: a. the provider Consultancy/other services receive a reward based on a percentage of the value of the work; and b. the payout is based on the stages of product/output generated according to the contents of the contract. (5) the contract Received So (turnkey) Contract is the procurement of goods/Other Services/construction work over the completion of the whole work in a certain age with the following conditions: a. the amount of the price of certain and fixed until the entire job done; and b. payment is made based on the results of a joint assessment showed that the work has been carried out in accordance with the established performance criteria. Article 50 (1) single-Year Contract is a contract that binds his work Fund budget implementation during the period of 1 (one) year budget. www.djpp.depkumham.go.id 31 (2) a contract is a contract that Plural Years implementing its work for a period of more than 1 (one) year Budget over the budget burden, conducted after approval: a. the Minister of finance for activities whose value is above Rp. 2,000 10.000.000.000 (ten billion rupiah); b. the Minister of Defense and Commander of the TNI to activities that the value of his contract up to Idr 10,000,000,000.00 (ten billion rupiah) for seed planting activities/seedlings, forestry, air/sea pioneer services, food and medicines in hospitals, food for inmates in Correctional Institutions, procurement services, tax bands garbage disposal and procurement services of cleaning service. c. operational expenditure is Minister of Defense and Commander of the INDONESIAN ARMED FORCES or Ministry to the community which should still take place at the turn of the fiscal year. Article 51 (1) a contract is a contract that Single Procurement made by 1 (one) PPK with 1 (one) specific goods/services Providers to complete a particular job in a particular time. (2) Joint Procurement Contract is a contract between a couple of PPK with 1 (one) providers of goods/services to get the job done in a reasonable time, in accordance with the needs of each of the PPK signed a contract. (3) an umbrella Contract (Framework Contract) is a contract unit price between the Government with goods/services Providers which can be utilized by the TNI and Kemhan, with the following conditions: a. held to guarantee prices of goods/services that are more efficient, the availability of the goods/services is assured and its nature required repeatedly to the volume or quantity of work that has yet to be determined at the time the contract is signed; and b. the payout is done by each Work Unit/PPK, based on the results of the assessment/measurement together against the volume/quantity of work already carried out by the provider of the goods/services. (4) the imposition of a budget for the Joint Procurement Contracts as referred to in paragraph (2), set in the agreement of joint funding. Article 52 (1) contract of procurement Procurement Contracts is the Sole work of the goods/services that only consist of 1 (one) work planning, implementation or supervision. (2) a contract of procurement Procurement Contracts is the Integrated work of the construction work that is complex by combining the activities of planning, implementation and/or supervision. The seventh paragraph of article 53 of the agreement Proof (1) proof of the agreement consists of: a. proof of purchase; b. receipts; c. a letter Job Command (SPK); and www.djpp.depkumham.go.id 32 d. letter of agreement. (2) proof of purchase as referred to in paragraph (1) letter a, is used for the procurement of goods/services worth up to IDR 5,000,000.00 (five million rupiah). (3) the receipts referred to in subsection (1) letter b, is used for the procurement of goods/services worth up to IDR 10,000,000.00 (ten million dollars). (4) the SPK as referred to in paragraph (2) Letter c, is used for the procurement of goods/Other Services/construction work with a value of up to IDR 100,000,000.00 (one hundred million rupiah) and for Consultancy Services with a value of up to Rp. 50,000,000.00 (fifty million rupiah). (5) the Agreement referred to in subsection (1) the letter d, is used for the procurement of goods/Other Services/construction work with a value above IDR 100,000,000.00 (one hundred million rupiah) and for Consultancy Services with a value of above Rp. 50,000,000.00 (fifty million rupiah). Part four Qualifications Assessment Method Assignments of article 54 (1) Qualification is the process of assessment of competence and ability of the business as well as the eligibility of certain other goods/services Providers. (2) the qualification can be done in two ways namely prequalification or pascakualifikasi. (3) the Prequalification process is the assessment of qualifications is carried out prior to insertion of the bidding. (4) the Prequalification implemented for procurement as follows: a. selection Consultancy services provider; b. the selection of Suppliers/Other Services/construction work that is both complex through Public Auction; or c. the selection of providers of goods/construction works/services using the method of Direct Appointment, except for emergency handling. (5) the assessment process the qualifications for Designation directly in emergency handling is done concurrently with the incorporation Documents of bidding. (6) the prequalification Process produces: a. list of prospective Suppliers/Other Services/construction work; or b. the short list of prospective service provider Consultation. (7) in the process of prequalification, ULP/Procurement Officials immediately opened the Document and evaluate the qualifications of the longest 2 (two) working days after received. (8) Pascakualifikasi is the process of qualification assessment conducted after the ingestion of a quote. (9) Pascakualifikasi carried out for Procurement as follows: a. Public Auction Public Auction, except for the work of the complex; b. Simple Auction/direct election; and c. the selection of Individual Consultancy services provider. (10) the ULP/Procurement officials are forbidden to add qualification requirements aimed at discriminating as well as outside of the established in the provisions of the regulation of the Minister of Defense. (11) a compulsory Procurement Officer/ULP simplifies the process of qualifying conditions: a. ask the provider of goods/qualifying form Jasamengisi; and b. not asking for all documents required except at the stage of the proof qualifications. (12) the assessment of qualifications is carried out with the method: www.djpp.depkumham.go.id


33 a. Knockout, for the procurement of goods/Other Services/construction work; b. value system for the procurement of Consultancy Services. The fifth section of the preparation Outline the selection of providers of goods/services Unity Paragaraf stages of the selection of Suppliers/Other Services/construction work Article 55 (1) the selection of Suppliers/Other Services/construction work with a method of Public Auction includes the following stages: a. Public Auctions for the election of Other goods/services Providers with a prequalification, which cover two methods include the following activities: 1. announcement of prequalification; 2. registration and retrieval of documents Qualifying; 3. submissions and evaluation Document Qualifications; 4. prove qualification and creation of News Events Prove Qualifications; 5. determination of qualifying results; 6. announcement of results of the qualification; 7. Disclaimer qualifications; 8. invitation; 9. taking of Election Documents; 10. granting of explanation; 11. income Documents Quote; 12. the opening of the Bidding Document covers I; 13. evaluation of Bidding Document covers I; 14. notices/announcements participants who pass the evaluation covers I; 15. the opening of the Bidding Document covers II; 16. the evaluation of the Bid Document cover II; 17. making the News Event the results of the auction; 18. determination of winners; 19. winners announced; 20. Disclaimer; 21. Disclaimer of appeal (if necessary); and 22. designation of providers of goods/services. b. Public Auctions for the selection of Suppliers/Other Services/construction work with a prequalification or Auctions is limited to the selection of providers of construction works, method 2 (two) stage which includes activities: 1. announcement of prequalification; 2. registration and retrieval of documents Qualifying; 3. submissions and evaluation Document Qualifications; 4. prove qualifications; 5. determination of qualifying results; 6. announcement of results of the qualification; 7. Disclaimer qualifications; 8. invitation; 9. taking of Election Documents; 10. granting of explanation; www.djpp.depkumham.go.id 34 11. incorporation Documents Offer phase I; 12. the opening of the Bidding Documents phase I; 13. the evaluation of the Bidding Documents phase I; 14. determination of the participants who passed the evaluation of phase I; 15. notification/announcement of participants who pass the evaluation of phase I; 16. incorporation Documents Offer phase II; 17. the opening of the Bidding Document phase II; 18. evaluation of phase II Bidding Documents; 19. making the News Event the results of the auction; 20. determination of winners; 21. winners announced; 22. Disclaimer; 23. Disclaimer of appeal (if necessary); and 24. designation of providers of goods/services. c. Public Auctions for the selection of Suppliers/Other Services/construction work with the pascakualifikasi which includes the activities: 1. the announcement; 2. registration and retrieval of Procurement Documents; 3. granting of explanation; 4. Bidding documents of incorporation; 5. the opening of the Bidding Document; 6. evaluation of the offer; 7. the evaluation of qualifications; 8. prove qualifications; 9. making the News Event the results of the auction; 10. determination of winners; 11. winners announced; 12. disclaimers; 13. Disclaimer of appeal (if necessary); and 14. designation of providers of goods/services. (2) the selection of goods/services Providers with a simple Auction method or direct elections for construction work, include the following stages: a. announcement; b. registration and retrieval of Procurement Documents; c. awarding an explanation; d. incorporation Document Deals; e. opening the bidding Document; f. evaluation of supply; g. evaluation of qualifications; h. evidentiary qualifications; i. making the News Event the results of the auction; j. determination of winners; k. winners announced; b. Disclaimer; d. Disclaimer of appeal (if necessary); and n. designation of providers of goods/services. (3) the selection of Suppliers/Other Services/construction work for the handling of emergencies with appointment of Direct method, include the following stages: a. PPK may publish a warrant begins work (SPMK) to: 1. the nearest Providers are carrying out similar work; or www.djpp.depkumham.go.id 35 2. Other providers are judged able and qualified to perform the work, when there is no Provider as outlined in Figure 1. b. the process of Direct Appointment and administration is done simultaneously, as follows: 1. the real work opname; 2. the determination of the type, specification and volume of work, as well as the time of completion of the work; 3. preparation of Procurement Documents; 4. the preparation and determination of the HPS; 5. submission of Documents of procurement to Suppliers/Other Services/construction work; 6. submission of Bid Documents; 7. the opening of the Bidding Document; 8. clarification and negotiation of technical and price; 9. the preparation of News Events "l Designation Directly; 10. determination of the Suppliers/Other Services/construction work; 11. announcement of Suppliers/Other Services/construction work; and 12. Designation Of Providers Of Goods/Services. (4) the selection of Suppliers/Other Services/construction work for not handling emergency Direct Appointment by the method includes the following stages: a. an invitation to participants selected Procurement Documents enclosed; b. income Qualification Documents; c. evaluation of qualifications; d. grant of explanation; e. Bidding document of incorporation; f. evaluation of supply as well as the clarification and negotiation of technical and price; g. determination of winners; h. winners announced; and i. the designation of providers of goods/services. (5) the selection of Suppliers/Other Services/construction work with a direct Procurement method includes at least the following stages: a. survey market prices by way of comparing the least amount of two (2) Suppliers/Other Services/construction work that is different; b. Comparing the bid with the HPS; and c. a technical clarification and negotiation of price/cost. (6) the selection of goods/services Providers with Other methods of contest/Competition include at least the following stages: a. announcement; b. registration and Document Retrieval contest/Competition; c. the awarding of the explanation; d. submissions of proposals; e. opening proposal; f. administrative examination and assessment of the technical proposal; g. making News Events Results contest/Competition; h. determination of winners; i. winner announcement; and j. the designation of the winners. www.djpp.depkumham.go.id second paragraph 36 Stages the selection Provider Consultation Article 56 (1) the selection of the Consultancy service providers with the common Selection methods include the following stages: a. quality evaluation methods, method 2 (two) cover activities which include: 1. announcement of prequalification; 2. registration and retrieval of documents Qualifying; 3. the granting of an explanation (where necessary); 4. infusion and the evaluation of the Qualification Document; 5. proof qualifications; 6. determination of qualifying results; 7. notification/announcement of qualifying results; 8. Disclaimer qualifications; 9. an invitation; 10. the taking of Election Documents; 11. the granting of explanation; 12. income Documents Quote; 13. opening the document cover I; 14. the cover document evaluation I; 15. the technical rating assignment; 16. notices/announcements technical rankings; 17. disclaimers; 18. Disclaimer of appeal (if necessary); 19. the cover document opening invitation II; 20. opening and evaluation documents cover II; 21. the invitation of clarification and negotiation; 22. clarification and negotiation; 23. manufacture of News Events selection result; and 24. the designation of a provider of Consultancy. b. method of evaluation quality and cost, method 2 (two) cover activities which include: 1. announcement of prequalification; 2. registration and retrieval of documents Qualifying; 3. the granting of an explanation (where necessary); 4. infusion and the evaluation of the Qualification Document; 5. proof qualifications; 6. determination of qualifying results; 7. notification/announcement of qualifying results; 8.-qualifications; 9. an invitation; 10. the taking of Election Documents; 11. the granting of explanation; 12. income Documents Quote; 13. opening the document cover I; 14. the cover document evaluation I; 15. the technical rating assignment; 16. notices/announcements technical rankings; 17. the cover document opening invitation II; 18. opening and evaluation of cover II; www.djpp.depkumham.go.id


37 19. the determination of the winner; 20. notices/announcements of winners; 21. Disclaimer; 22. Disclaimer of appeal (if necessary); 23. the invitation of clarification and negotiation; 24. clarification and negotiation; 25. manufacture of News Events selection result; and 26. the designation of a provider of Consultancy. c. evaluation method of lowest cost, method 1 (one) cover activities which include: 1. announcement of prequalification; 2. registration and retrieval of documents Qualifying; 3. the granting of an explanation (where necessary); 4. infusion and the evaluation of the Qualification Document; 5. proof qualifications; 6. determination of qualifying results; 7. notification/announcement of qualifying results; 8. Disclaimer qualifications; 9. an invitation; 10. granting of explanation; 11. income Documents Quote; 12. the opening of the Bidding Documents as well as correction of aritmatik; 13. the evaluation of the administrative, technical and cost; 14. determination of winners; 15. notices/announcements of winners; 16. Disclaimer; 17. Disclaimer of appeal (if necessary); 18. the invitation of clarification and negotiation; 19. clarification and negotiation; 20. making the News Events selection result; and 21. the designation of a provider of Consultancy. (2) the selection of the Consultancy service providers with a simple Selection Method with evaluation methods or methods of Budget Launched the lowest cost, method 1 (one) cover includes the following stages: a. announcement of prakualifkasi; b. registration and retrieval of Documents Qualifying; c. the granting of an explanation (where necessary); d. income Qualification Documents and evaluation; e. proof qualifying; f. determination of qualifying results; g. notification/announcement of qualifying results; h. Disclaimer of qualifications; i. an invitation; j. granting an explanation; k. income Document Deals; b. opening of the Bidding Documents as well as correction of aritmatik; d. evaluation of the administrative, technical and cost; n. determination of winners; o. notices/announcements of winners; p. Disclaimer; q. the disclaimer of appeal (if necessary); www.djpp.depkumham.go.id 38 r. invitation clarification and negotiation; s. clarification and negotiation; q. the creation of News Events selection result; and the U.S. designation of service providers of Consultancy. (3) the selection of the Consultancy service providers with Direct Designation Method for handling emergency include the following stages: a. PPK may publish a warrant begins work (SPMK) for: 1. Service Provider nearest Consultancy who are carrying out similar work in handling the emergency location; or 2. Other Consultancy services provider judged able and qualified to perform the work, when there is no service provider Consultancy as mentioned in Figure 1. b. the process of Direct Appointment and administration is done simultaneously, as follows: 1. opname jobs in the field; 2. the determination of the scope, number and qualifications of the experts as well as the time of completion of the work; 3. preparation of Procurement Documents; 4. the preparation and determination of the HPS; 5. delivery of Procurement Documents; 6. submission of Bid Documents; 7. opening and evaluation of Bidding Document; 8. clarification and negotiation; 9. the preparation of News Events Results Direct Appointment; 10. determination of the Consultancy service providers; 11. the announcement of the Consultancy service providers; and 12. the designation of a provider of Consultancy. (4) the selection of the Consultancy service providers with Direct Designation Method for not handling the emergency include the following stages: a. invitation to the selected Consultancy service provider Procurement Documents enclosed; b. intake, assessment and qualifying authentication; c. awarding an explanation; d. incorporation Document Deals; e. opening and evaluation of supply; f. clarification and negotiation of technical and cost; g. making News Events Results Direct Appointment; h. assignment Consultancy services provider; i. announcements; and j. the designation of a provider of Consultancy. (5) the selection of the Consultancy service providers with Direct Procurement Method, include at least the following stages: a. market price survey to select prospective service provider Consultancy; b. Comparing the bid with the highest direct costs personnel as referred to in article 44 paragraph (7) of the letters c and d; and c. a technical clarification and negotiation costs. (6) the selection of the Consultancy service providers with methods of Competition include at least the following stages: a. announcement; www.djpp.depkumham.go.id 39 b. registration and Document Retrieval Competition; c. awarding an explanation; d. submissions of proposals; e. opening proposal; f. administrative examination and assessment of the technical proposal; g. making News Events the results of Competition; h. determination of winners; i. winner announcement; and j. the designation of the winners. (7) the selection of Individual Consultancy services provider using the General pascakualifikasi the auction stage one cover, by adding a clarification and negotiation stages of technical and cost after the stage-. The third paragraph of the preparation of the schedule of implementation of the selection of goods/services Providers Article 57 (1) ULP/Procurement Officials drawing up and setting the schedule of implementation of the procurement of goods/services. (2) the preparation of the schedule of the implementation of procurement referred to in paragraph (1), must provide the allocation of sufficient time for all stages of the Procurement process, including time to: a. announcement of Auction/selection; b. registration and Qualification Documents or document retrieval of procurement; c. awarding an explanation; d. incorporation Document Deals; e. evaluation of supply; f. determination of the winner; and g. a disclaimer and Disclaimer to appeal. Article 58 (1) Public Auctions, auctions with Limited Prequalification or selection carried out with Public provision of time as follows: a. prequalification announcement serving for 7 (seven) working days; b. registration and retrieval of Documents from the date of the announcement started Kuailifikasi up to 1 (one) working day prior to the deadline for income Qualification Documents; c. income deadline the shortest Qualifying Documents 3 (three) business days after the tv announcement of qualifications; d. time-against qualifying results performed during 5 (five) working days after the announcement of the results of the qualification and no disclaimer appeal; e. the auction/selection of invitations to the participants who passed the qualifying delivered one (1) working day after completion of problem-; f. retrieval of Document Election conducted since the promulgation of the auction invitation/selection up to 1 (one) working day prior to the deadline for submissions Document Deals; g. grant of the explanation the fastest implemented 4 (four) working days from the date of invitation/selection auction; www.djpp.depkumham.go.id 40 h. infusion started Bidding Document one (1) business day after the grant of the most brief description up to 7 (seven) working days after the signing of the News Event Awarding the explanation; i. time-against the results of the auction/selection for 5 (five) working days after the announcement of the results of the auction/selection and time-appeal for 5 (five) working days after receiving the answers Disclaimer; j. Letter designation of goods/services Providers (SPPBJ) published the longest 6 (six) business days after the announcement of the auction winner determination/selection if no disclaimer, or after the disclaimer answered in the event there is no disclaimer to appeal; k. in the matter of the appeal of the disclaimer was not in receive, SPPBJ published the longest 2 (two) working days after the appeal from the Minister's answers are rebuttal/Leadership Institute/Head region/leadership of the Institution; and b. the contract signed 14 (fourteen) working days after the publication of SPPBJ. (2) table Setting/time outside the process as referred to in paragraph (1) letter a to letter l above, handed over entirely to the ULP. (3) in the case of public Auctions, auctions with Limited prequalification or selection common preceding fiscal year, SPPBJ just published after DIPA/DPA was passed. Article 59 (1) General Public Auction and selection of individuals with pascakualifikasi done by Ordinance the time as follows: a. announcement of auction/selection-serving executed short most 7 (seven) working days; b. registration and retrieval of Procurement Documents (Document qualifications and Election Documents) starting from the date of the announcement up to 1 (one) working day prior to the deadline for submissions Document Deals; c. brief description of the most implemented granting four (4) working days from the date of the announcement of auction/selection; d. incorporation Documents Offer began on 1 (one) business day after the grant of the explanation; e. Bidding Document income deadline at least 2 (two) working days after the explanation taking into account the time needed to prepare the Bidding Documents in accordance with the type, complexity, and job sites; f. evaluation of supply can be carried out in accordance with: 1. the time required; or 2. the type and complexity of the work; g. time-against the results of the auction/selection for 5 (five) working days after the announcement of the results of the auction/selection and time-appeal for 5 (five) working days after receiving the answers Disclaimer; h. SPPBJ published the shortest 6 (six) business days after the announcement of the auction winner determination/selection if no disclaimer, or after the disclaimer answered in the event there is no disclaimer to appeal; i. in the event that the appeal is not accepted, the disclaimer SPPBJ published at least 2 (two) working days after the appeal from Disclaimer answers Defense Minister/TNI Commander/Chief of staff of the force; and www.djpp.depkumham.go.id


41 j. contract signed the shortest fourteen (14) working days after the publication of SPPBJ. (2) table Setting/time outside the process as referred to in paragraph (1) letter a up to j above, handed over entirely to the ULP. (3) in the case of public Auctions and Public Selection of individuals with pascakualifikasi do precede fiscal year, SPPBJ published after DIPA/DPA was passed. Article 60 (1) auction is simple, direct elections or the simple Selection of individuals is carried out by the Ordinance of time as follows: a. announcement was made the shortest-serving three (3) working days; b. registration and retrieval of Procurement Documents started since the date of the announcement up to 1 (one) working day prior to the deadline for submissions Document Deals; c. brief description of the most implemented granting four (4) working days from the date of announcement; d. incorporation Documents Offer began on 1 (one) business day after the grant of the most brief description up to 2 (two) working days after the signing of the News Event Awarding the explanation; e. time-against the results of the auction/selection of simple individuals during 5 (five) working days after the announcement of the results of the auction/selection-time individual and simple appeal for 5 (five) working days after receiving the answers Disclaimer; f. SPPBJ published the longest 6 (six) business days after the announcement of the auction winner determination/selection of simple individuals when there is no disclaimer or disclaimers are answered in it after the no disclaimer appeal; g. in the event that the appeal is not accepted, the disclaimer is SPPBJ the longest-published 2 (two) working days after the appeal from Disclaimer answers Defense Minister/TNI Commander/Chief of staff of the force; and h. Contract signed 14 (fourteen) working days after the publication of SPPBJ. (2) selection is simple with a prequalification is done by Ordinance the time as follows: a. prequalification announcement most serving short 3 (three) working days; b. registration and retrieval of Documents Qualifying begins from the date of the announcement up to 1 (one) working day prior to the deadline for income Qualification Documents; c. income deadline the shortest Qualifying Documents 3 (three) business days after the tv announcement of qualifications; d. time-against qualifying results performed during 5 (five) working days after the announcement of the results of the qualification and no disclaimer appeal; e. invitation to participants who entered the short list are delivered one (1) working day after period-or after the completion of the problem-; f. retrieval of Document Election conducted since the promulgation of invitations selection up to 1 (one) working day prior to the deadline for submissions Document Deals; g. grant of the shortest explanation held 4 (four) working days from the date of invitation selection; h. income Documents Offer began on 1 (one) business day after the grant of the shortest explanation of up to three (3) working days after the signing of the News Event Awarding the explanation; www.djpp.depkumham.go.id 42 i. time-against the results of selection for 5 (five) working days after the announcement of the results of the selection and time-appeal for 5 (five) working days after receiving the answers Disclaimer; j. SPPBJ published the longest 6 (six) business days after the announcement of the winner selection assignment if no disclaimer, or after the disclaimer answered in the event there is no disclaimer to appeal; k. in the event an appeal is not accepted, the disclaimer is SPPBJ the longest-published 2 (two) working days after the appeal from Disclaimer answers Defense Minister/TNI Commander/Chief of staff of the force; and b. the contract signed 14 (fourteen) working days after the publication of SPPBJ. (3) Setting a schedule/time outside the process as referred to in paragraph (1) letter a to with a capital h, and in paragraph (2) letter a to with a capital l, handed over entirely to the ULP. (4) in case the auction is simple or direct election or selection is simple do precede fiscal year, SPPBJ just published after DIPA/DPA was passed. Article 61 appointment of a timetable Setting/time direct/Direct Procurement/contest/Competition handed over entirely to the ULP/Procurement Officials. The sixth part of the preparation of Procurement Documents/goods Services Article 62 (1) ULP/Procurement Officers compose the document procurement of goods/services consists of: a. Qualification Document; and b. the document Selection. (2) the qualifying Documents as referred to in paragraph (1) letter a, at least consist of: a. the form completion instructions fields qualifications; b. qualification forms; c. instructions to participants of the qualification; d. qualifying data sheet; e. the integrity Pact; and f. procedures for the evaluation of qualifications. (3) Documents the election referred to in subsection (1) letter b, at least consist of: a. the invitation/announcement to potential providers of goods/services; b. instructions to participants of the procurement of goods/services; c. General terms of contract; d. Special terms of the contract; e. list the quantity and price; f. technical specifications, KAK and/or images; g. the form letter of offer; h. the draft Contract; i. form of guarantee; and j. examples of forms that need to be filled. (4) the PPK establish part of the draft Document procurement of goods/services consists of: www.djpp.depkumham.go.id 43 a. draft SPK; or b. the draft letter of agreement include: 1. the General conditions of the contract; 2. special conditions of the contract; 3. technical specifications, KAK and/or images; 4. list the quantity and price; and 5. other documents. c. HPS. Article 63 (1) Procurement Contract drafting PPK goods/services as referred to in article 61 paragraph (4) letter a and letter b (2) of the draft Contract procurement of goods/services are compiled with the standard based on Contract procurement of goods/services. (3) the provisions of the standard Contract further procurement of goods/services as well as guidelines for preparing the goods/services Procurement Contracts are governed by regulation Head LKPP. The seventh part of the Pricing Estimates (HPS) Article 64 (1) PPK set prices themselves (HPS) estimate of goods/services, except for contest/Competition. (2) the ULP/Procurement Officials announced a total value based on HPS HPS set by PPK. (3) total value of HPS are open and not secret. (4) the HPS compiled the longest 28 (twenty eight) working days before the deadline for bid submissions. (5) the HPS used as: a. the tool to assess the reasonableness of the offer including the details b. basis to set the highest legitimate offer for the procurement of goods/construction works/Services Procurement and Other Services Consultancy that uses method Launched Budget; and c. the basis for assigning quantity values Guarantee the implementation for the offer whose value is lower than 80% (eighty perseratus) total value of HPS. (6) the HPS instead of as a basis for determining the magnitude of losses to the State. (7) the preparation of HPS is based on local market prices, which are retrieved based on the survey results ahead of the performance of Procurement, taking into account information that includes: a. the unit cost information published officially by the Central Bureau of statistics (BPS); b. cost information unit published officially by the Association of related and other data sources that can be accounted for; c. list of cost/price of the goods/services being issued by the manufacturer/sole distributor; d. the cost of the contract previously or that are running by considering the factors of change fees; e. the previous year's inflation, interest rates and/or middle rate of Bank Indonesia; www.djpp.depkumham.go.id


44 f. results of comparisons with similar Contracts, both conducted by other agencies or other parties; g. cost calculation Estimates conducted by the consultant Planner (engineer estimate); h. the norm of index; and i. any other information which can be accounted for. (8) the HPS compiled taking into account the profit and overhead costs deemed reasonable. The eighth section of goods/services Procurement Guarantee of article 65 (1) of the goods/services Providers cede the assurance to users of goods/services to fulfill the obligations as required in the Procurement Documents/goods/services Procurement Contract. (2) collateral for the procurement of goods/services consists of: a. a guarantee of supply; b. implementation of the Guarantee; c. guarantee of advance payment; d. Warranty Maintenance; and e. the warranties Disclaimers appeal. (3) collateral for the procurement of goods/services as referred to in subsection (2) must be disbursed without conditions (unconditional) of the value of the guarantee in writing within fourteen (14) working days after the waiver of tort PPK/ULP received by Publisher guarantees. (4) the Procurement Officer or ULP/PPK obligatory written clarification against the validity of the guarantees received. (5) the guarantee of the guaranteeing Companies Public, Bank or insurance company can be used for all types of guarantees. (6) the company Guaranteeing as mentioned in subsection (5) is a Guarantee that has permission from the Minister of finance. (7) insurance company issuer of guarantee referred to in paragraph (5) public insurance company is licensed to sell the product guarantee (surety) as set out by the Minister of finance. Article 66 (1) Assurance of supply provided by the Suppliers/Other Services/construction work at the time of entering the bidding, the magnitude of between 1% (a perseratus) to 3% (perseratus) of a total of HPS. (2) the assurance of supply were returned to Suppliers/Other Services/construction work after receiving Guarantees for implementation of PPK'S signing of the contract. (3) a guarantee of supply was not needed in terms of procurement of goods/Other Services/construction work carried out by Direct Appointment, Direct Procurement or contest/Competition. Article 67 (1) Consultancy services provider can be given a cash advance. (2) an advance Guarantee provided by the providers of goods/services against the payment of an advance he received. (3) the magnitude of the cash advance Guarantee is worth the down payment that he received. www.djpp.depkumham.go.id 45 (4) advance refunds calculated proportionately at each stage of payment. Article 68 (1) Guarantee the implementation provided by the providers of goods/construction work for a contract worth over Rp 100,000,000.0 (one hundred million rupiah). (2) Guarantee the implementation provided by other service providers for the contract worth over Rp. 100 million (one hundred million rupiah). (3) Guarantee the implementation given after the publication of SPPBJ and before signing the contract the procurement of goods/Other Services/construction work. (4) the magnitude of the value of the guarantee of the implementation are as follows: a. for value deals rectified between 80% (eighty perseratus) up to 100% (one hundred per hundred) of the total value of HPS, guarantee the implementation was of 5% (five per cent) of the value of the contract; or b. to offer value corrected under 80% (eighty per hundred) of the total value of HPS, the size of the guarantee the implementation of 5% (five per cent) of the total value of HPS. (5) the guarantee is valid from the date of execution of the contract until the handover of other goods/services or the handover of other goods/services or construction work handover. (6) the guarantee of implementation is returned after: a. delivery of goods/services and Warranty Certificate; or b. the maintenance Guarantee submission of 5% (five per cent) of the value of the contract for construction work/Service Providers More. Article 69 (1) mandatory Maintenance Guarantee given by providers of construction works/services after implementation of the work stated 100% finished (one hundred perseratus) (2) Maintenance Guarantee of 5% (five per cent) of the value of the contract should be awarded to PPK to guarantee the maintenance of construction works/services Other that have been submitted. (3) Guarantee the maintenance of returned after fourteen (14) working days after the maintenance is complete. (4) a provider of construction works/services others can choose to give a guarantee of maintenance or provide retention. (5) Maintenance Guarantee or retention as referred to in paragraph (4) above magnitude of 5% (five per cent) of the value of the procurement Contract the construction works/services etc. The ninth section of the warranty Certificate article 70 (1) in the procurement of capital goods, Manufacturers submit the certificate of warranty. (2) a certificate of warranty is given to the health of the use of the goods up to a specified time period in accordance with the provisions in the contract. (3) a certificate of Warranty issued by the manufacturer or its designees lawfully by the manufacturer. www.djpp.depkumham.go.id 46 Tenth Election Section goods/Services Provider Paragaraf the first announcement of the selection of the provider of the goods/services of article 71 (1) ULP announced the implementation of the procurement of goods/services widely to society at the time: a. work plan and budget Kemhan and the TNI has been approved by the House; or b. Implementation Checklist (DIPA)/Dokumen implementation of the budget (DPA) has passed. (2) in the event that ULP will conduct the auction/selection once the work plan and budget Kemhan and TNI REPRESENTATIVES approved but not yet ratified, DIPA/DPA, the announcement done by listing the conditions of TH/DPA has not yet been ratified. (3) implementation of Auction/selection is announced publicly by announcing widely through: a. Kemhan and the TNI website; b. Official Bulletin Board for community; and c. the national Procurement Portal through LPSE. (4) an announcement over the determination of the goods/services providers are obliged to be announced publicly by announcing widely in: a. Kemhan and the TNI website; and b. the official bulletin board for the community. Article 72 (1) in case of an announcement for the auction limited, ULP should list the name of prospective providers of goods/services that are considered capable of. (2) in terms of Kemhan and the TNI to use newspapers to announce the procurement of goods/services, his election should be based on the list of newspapers serving big and have a wide circulation. The second paragraph of the assessment of Qualifications Article 73 (1) in the process of prequalification/pascakualifikasi, ULP/Procurement Officials should not prohibit, impede, and limiting the participation of prospective providers of goods/services from outside of the Province/district/city. (2) goods/Services Provider sign the affidavit above the seal that all information submitted in forms is correct qualification (3) prohibited conduct and the TNI Kemhan prequalification bulk apply to the procurement of a particular period by publishing a list of mark pass prequalification/like. The third paragraph of the registration and retrieval of Documents Article 74 (1) of the goods/services Providers who are interested to follow the selection of providers of goods/services, sign up to follow the auction/selection/Election directly to the ULP. www.djpp.depkumham.go.id 47 (2) goods/services Providers following the procurement of goods/services through designation of direct/Direct Procurement was invited by ULP/Procurement Officials. (3) the provider of the goods/services Procurement Documents of ULP take/Procurement Officer or download from websites that use ULP. The fourth paragraph of the giving Explanations (aanwijzing) Article 75 (1) to clarify the Document procurement of goods/services, Procurement Officials held a ULP/awarding of explanation. (2) the ULP/Procurement Officials can provide the explanation advanced by the review field. (3) the granting of the explanation should be poured in the News Event the giving an explanation that was signed by the ULP/Procurement Officials and at least one (1) representative from the participants in attendance. (4) the ULP provided a copy of a news Event the giving explanations and provision of Documents to all Adendum participants, whether attending or not attending the awarding of an explanation. (5) if there are no participants who attend or are willing to sign a News Event the giving an explanation, then the News Event Awarding the explanation simply signed by members of the ULP are present. (6) changes in the draft of the contract and/or technical specifications and/or drawings and/or total value of HPS, PPK'S approval before it is poured in a Procurement Document Adendum. (7) in terms of PPK did not approve the proposed changes referred to in paragraph (6), then: a. the ULP convey objections PPK to the PA/KPA for disconnected; b. If PA/KPA agree with PPK, not do change; or c. If PA/KPA agreed with ULP, PA/KPA decided changes and is final, as well as ordering the ULP to create and endow the Procurement Document Adendum. (8) for the absence of the participant at the time of granting the explanation cannot be relied upon to reject or abort deals. The fifth paragraph of article 76 Bidding documents of Incorporation (1) Suppliers/Jasamemasukan Offer Document within a period and in compliance requirements as set forth in the document Selection. (2) the Offer Document is submitted beyond the deadline for bid submissions cannot be accepted by the ULP/Procurement Officials. (3) the provider of goods/Jasadapat edit, add and/or replace the offer Document before the end of the infusion of supply. www.djpp.depkumham.go.id


48 of the sixth Paragraph of article 77 Bid Evaluation (1) in conducting an evaluation of the offer, the ULP/Procurement Officials should be based on the procedures/criteria set out in the Procurement Documents. (2) in the evaluation of supply and Procurement Officer ULP/goods/services Providers are prohibited from performing actions post biding. The seventh paragraph of the determination and announcement of Winners of article 78 (1) ULP/Procurement Officials set the election results provider of goods/services. (2) the ULP/Procurement Officer Announces election results for Suppliers/service after specified through the website Kemhan and the TNI and the official bulletin board. The eighth paragraph of the disclaimer Clause 79 (1) Participant selection goods/services Providers who feel aggrieved, either by itself or together with other participants may submit a written disclaimer when discovered: a. irregularities against the provisions and procedures set forth in the regulations of the Secretary of Defense and who have been set out in Document procurement of goods/services; b. the existence of engineering that led to unhealthy competition; and/or c. existence of abuse of authority by the ULP and/or other authorized officials. (2) the disclaimer Letter was delivered to the ULP and ditembuskan to PPK, PA/KPA Kemhan Inspectorate and the TNI and not more than 5 (five) working days after the announcement of the winner. (3) required to provide written answers ULP over all the disclaimer more than 5 (five) working days after the letter accepted the disclaimer. Article 80 (1) the provider of the goods/services are not satisfied with the answers the disclaimer of the ULP may submit a rebuttal appeal to Defense Minister/TNI Commander/Chief of staff the force more than 5 (five) working days after receipt of the reply of the disclaimer. (2) goods/Services Provider filed a disclaimer compulsory appeal submit Warranty Disclaimers applicable Appeal 20 (twenty) working days since the filing of the disclaimer appeal. (3) the Warranty Disclaimer Appeal set by 20/00 (two permil) from the total value of HPS or at most Rp. RP 50,000,000 (fifty million rupiah). (4) the disclaimer Appeal Auction/selection process to stop. (5) LKPP can give advice, opinions and recommendations for resolution refutation of appeal at the request of Defense Minister/TNI Commander/Chief of Staff. www.djpp.depkumham.go.id 49 (6) Defense Minister/TNI Commander/Chief of staff of the force gives answers to all disclaimers appeal to appellate penyanggah longest 15 (fifteen) working days after the letter of Appeal accepted the disclaimer. (7) in the case of the disclaimer stated appeal right, Defense Minister/TNI Commander/Chief of Staff ordered the ULP/Procurement Officials do a re-evaluation or procurement of goods/services. (8) in the matter of the appeal of the Disclaimer declared wrong, Defense Minister/TNI Commander/Chief of staff of the force ordered that the ULP proceeding PengadaanBarang/service process restarts. (9) in the case of the disclaimer stated appeal right, Warranty Disclaimers Appeal returned to penyanggah. (10) in the matter of the appeal of the Disclaimer declared wrong, Warranties Disclaimer Appeal seized and deposited into the State Treasury/area. The ninth paragraph of the selection failed to Article 81 (1) ULP declared the auction/direct election fails if: a. the number of participants who passed the prequalification process qualification less than three (3) participants; b. the number of participants who enter a Bidding Documents for procurement of goods/construction works/services More of less than three (3) participants; c. Disclaimer of prequalification results against participants turned out to be right; d. no deals that pass evaluation of supply; e. in the evaluation of deals found evidence/indication of unhealthy rivalry occurs; f. bid the lowest corrected for Contract unit price and the combined contracts are Lump Sum and unit price higher than HPS; g. the entire incoming bid price for Lump Sum Contracts above the HPS; h. Disclaimer Auction results from participant turned out to be right; or i. prospective winners and potential winners of the reserve of 1 (one) and 2 (two), after evaluation by deliberately not present in the clarification and/or prove qualifying. (2) the ULP stated Selection fails if: a. the participants who passed the prequalification process qualification less than 5 (five) for Public Selection or less than 3 (three) for Simple Selection; b. Disclaimer of prequalification results against participants stated is true; c. no deals that meet the requirements in the evaluation of the offer; d. in the evaluation of deals found evidence/indication of unhealthy rivalry occurs; e. prospective winners and potential winners of the reserve of 1 (one) and 2 (two) is not present in the clarification and negotiation with unacceptable reasons; f. There are no participants who approve/agree on the results of technical and price negotiation; g. Disclaimer selection result of participants turned out to be right; h. offer the lowest cost for a contract unit price rectified and the combined contracts are Lump Sum and unit price higher than Budget Pagu; or j. all entry fees for bidding the contract Lump Sum above Pagu budget. (3) PA/KPA stated the auction/selection/direct election fails if: a. the PA/KPA agree with PPK that was not willing to sign the SPPBJ because the process of Auction/selection/direct election does not comply with regulation of the Minister of defence; www.djpp.depkumham.go.id 50 b. public complaints of the existence of the alleged KICKBACKS involving the ULP and/or PPK turned out right; c. the alleged KICKBACKS and/or breach of healthy competition in the implementation of the auction/selection/direct election is declared righteous by the authorities; d. Disclaimer of goods/services Providers for the error procedure listed in Document procurement of goods/Services Provider turned out right; e. Procurement Document does not comply with regulation of the Minister of defence; f. implementation of the auction/selection/direct elections inappropriate or deviate from the Procurement Documents; g. prospective winners and potential winners of the reserve of 1 (one) and 2 (two) resigns; or h. implementation of Auction/selection/direct elections breach the regulation of the Minister of Defense. (4) PA/KPA/PPK/ULP giving compensation to participants of the auction/selection Direct/Pemilihan when its bid was rejected or Auction/selection/direct election is declared failed. (5) Defense Minister/Commander of the INDONESIAN Navy Chief of staff declared/Auction/selection/direct election fails if: a. a disclaimer to the appeal of the participants turned out to be right; or b. the existence of public complaints of alleged KICKBACKS involving KPA turns out to be true. Article 82 (1) in terms of Auction/selection/direct election is declared failed, then immediately: a ULP. Re-evaluation; b. submission of Bid Documents reissue; c. Auction/selection/direct election anniversary; or d. termination of the auction/selection process/direct election. (2) in case the auction/selection reset the number of goods/services Providers pass prequalification only 2 (two) participants, Auction/selection process continued. (3) in terms of Auction/selection/direct election re number of goods/services Providers who insert quotes only 2 (two) participants, process of Auction/selection/direct elections resumed. (4) in case the auction/selection reset the number of goods/services Providers pass prequalification only 1 (one) entrant, Auction/selection process performed like a re Direct Designation. (5) in terms of Auction/selection/direct election re number of goods/services Providers who insert quotes only 1 (one) entrant, Auction/selection/reset done direct elections as well as the process of Designation. The tenth paragraph of the designation of the goods/services Providers Article 83 (1) with the provisions of SPPBJ publishes the PPK: a. There is no refutation of the participants; b. disclaimers and/or disclaimer appeal proved to be untrue; or c. the time-and/or-appeal period expires. www.djpp.depkumham.go.id


51 (2) in case of goods/services Providers who receive SPPBJ resigned and the offer is still valid, the resignation can only be done on the basis of an acceptable reason objectively by PPK. (3) the resignation referred to in subsection (2), provided that the bidder Offer Guarantees in question be cashed and deposited in the Treasury of the country/region. (4) in case of goods/services Providers are designated as the executing jobs resigned for reasons that cannot be accepted and the offer is still valid, then: a. Guarantee the Deals in question are disbursed and deposited in the Treasury of the country/region; and b. the goods/services Providers be penalized for following a ban on the activities of the procurement of goods/services diinstansi Government for 2 (two) years. (6) in case there is no disclaimer, SPPBJ has to be the longest-published 6 (six) business days after the determination of the winner announcement and immediately delivered to the winners concerned. (7) in case there are objections and/or disclaimer to appeal, SPPBJ should be the longest published 2 (two) working days after all disclaimers and/or disclaimer appeal answered, and immediately delivered to the winner. The eleventh paragraph of the signing of the contract goods/services Procurement Article 84 (1) of the draft Procurement Contract perfected the PPK'S goods/services to sign. (2) the signing of the contract the procurement of goods/services performed after DIPA/DPA was passed. (3) the parties sign the contract after submitting the goods/services Providers Guarantee the execution of 14 (fourteen) days commencing employment since the publication of SPPBJ. (4) Signing the contract the procurement of goods/services complex and/or worth over Rp. RP 100,000,000,000 (one hundred billion rupiah) made after obtaining the opinion of Jurists contract. (5) the authorities signed a contract for the procurement of goods/services on behalf of the provider of the goods/services is Board mentioned by name in the deed of Establishment/Budget Basic goods/services Providers, which have been registered in accordance with the legislation. (6) any party who is not a Board of directors or that his name was not mentioned in the deed of Establishment/Budget Basis referred to in subsection (5), may sign a contract procurement of goods/services, round power/delegation of authority from the Board of directors or a legitimate legitimate parties based on deed of Establishment/Budget basis for signing a contract procurement of goods/services. the eleventh Part 52 www.djpp.depkumham.go.id the execution of the Contract the contract Changes the first paragraph of article 85 (1) in case there are differences between the condition of the pitch at the time of implementation, with pictures and/or technical specifications as specified in the Contract Documents, PPK together providers of goods/services may make changes to the contract that includes: a. increase or decrease the volume of the work specified in the Contract; b. Add and/or reduce the types of jobs; c. change the technical specification work in accordance with the needs of the field; or d. change the schedule of implementation. (2) the added Work as intended in paragraph (1) was carried out with provisions: a. does not exceed 10% (ten percent) of the prices listed in the agreement/contract; and b. the availability of budget. (3) the provider of the goods/services are prohibited from diverting the main execution of the work based on a contract, by doing subcontracted to other parties, unless some major work to the providers of goods/services specialist. (4) the infringement of the provisions referred to in paragraph (3), goods/services Providers be penalized in the form of a fine shape and size in accordance with the provisions stipulated in the contract Documents. (5) changes caused problems contractual administration, can be carried along the agreed upon both parties. The second paragraph of advance payment and payment for Accomplishment of work Article 86 (1) cash advance can be given to the providers of goods/services for: a. mobilization tools and labor; b. payment sign so to suppliers of goods/materials; and/or c. other necessary technical preparations for the implementation of the procurement of goods/services. (2) a cash advance can be given to the providers of goods/services with the following conditions: a. the most high for small business 30% (thirty percent) of the value of goods/services Procurement Contract; or b. for non small highest 20% (twenty percent) of the value of goods/services Procurement Contract. (3) the magnitude of the advance payment for the contract Year Plural is the most small value among two options, namely: a. 20% (twenty percent) of the first year of the Contract; or b. 15% (fifteen per cent) of the value of the contract. (4) the value of the advance payment Guarantee was gradually be reduced proportionally in accordance with the achievement of the work. Article 87 (1) payment of the achievements of the work can be given in the form: www.djpp.depkumham.go.id 53 a. monthly payments; b. payments based on the stage of completion of the work (second term); or c. the payment at once after the completion of the work. (2) the payment of the work achievement given to Suppliers/service after deducting instalment refund of advance payment and a fine when there is, as well as taxes. (3) a request for payment to the PPK for a contract that uses a sub contract, proof of payment must be completed to all sub contractors in accordance with developments (progress) job. (4) monthly payment/terms for construction work, done worth of work already installed. (5) partial payment can withstand a PPK feat job retention as money to guarantee the maintenance of the construction work. The third paragraph of the implementation contract for the procurement of goods/services under certain circumstances Article 88 in certain circumstances as referred to in article 34 and article 40, Direct Appointment to the natural disaster relief work is carried out as follows: a. PPK SPMK published after approval from the PA/KPA and a copy of the statement of natural disasters from the employing authorities in accordance with the regulations; b. opname jobs in the field conducted jointly between the PPK and the goods/services Providers, while the process of procurement and Administration can be done simultaneously; c. handling emergency funds derived from natural disaster relief fund are: 1) the handling of emergency should soon be implemented and completed within the shortest time for the safety and security of society and/or to avoid the loss of State or the greater community; 2) construction of an emergency that must be immediately implemented and completed within the shortest time, for the security and safety of the community and/or avoid the loss of State/the greater community; 3) for natural disaster events in the coverage area of a contract, the job of emergency handling can be placed into a Contract Change Order (CCO) and can exceed 10% (ten percent) of the value of the initial contract. The fourth paragraph of article 89 Kahar Circumstances (1) State of Kahar is a State that occurs outside the will of the parties and cannot be predicted in advance, so that the obligations specified in the contract cannot be fulfilled. (2) that can be classified as a State Procurement Contracts in Kahar goods/services includes: a. natural disasters; b. non catastrophic nature; c. social disasters; d. strikes; www.djpp.depkumham.go.id


54 e. fire; and/or other industrial disturbance f. as stated through a joint decision of the Minister of finance and Minister of technical related. (3) in the event of a State of Kahar, goods/services Providers notify about the occurrence of Circumstances Kahar to the PPK in writing within 14 (fourteen) calendar days since the occurrence of the circumstances of Kahar, by including a copy of the statement of the State party are issued by Kahar/establishments authorized in accordance with the legislation. (4) does not include the State of Kahar is detrimental things caused by any act or omission of the parties. (5) the delay in the implementation of the work caused by the occurrence of Circumstances not penalized Kahar. (6) After the occurrence of the circumstances of Kahar, the parties can do a deal, who poured in a change of contract. The fifth paragraph of the price adjustment Clause 90 (1) price adjustment is done with the following conditions: a. the price adjustment is in effect against the contract Year Plural shaped Contract unit price based on terms and conditions which have been laid out in Document procurement and/or a change in Procurement Documents; b. procedures for the calculation of the price adjustment must be indicated clearly in the Procurement Documents; c. the price adjustment was not enforced against single-Year Contracts and contract Lump Sum and unit price work with lame. (2) the terms of use of the price adjustment formula is as follows: a. the price adjustment is in effect at the time of Multiple Year Contracts implementation more than 12 (twelve) months and is in effect starting in the 13th (thirteen) since the implementation of the work; b. adjustment of unit price applies to all activities/payment, except the eye component of profit and operating costs as stated in the quote; c. adjustment of unit price is enforced in accordance with the implementation schedule set forth in the preliminary Contract/adendum Contract; d. adjustment of unit price for the components of the work that comes from abroad, use the index price adjustment from the country of origin of the goods; e. new types of work with the new unit price as the result of any such Contract can be given adjustment adendum price from month 13 (thirteen) since the Contract was signed for adendum; and f. a late Contract implementation caused by goods/Services Provider error imposed price adjustment based on the lowest price index between schedule beginning with the realization of the work schedule. (3) adjustment of unit price as referred to in paragraph (2) letter a, defined by the following formula: = Hn Ho (a + b. Bn/Bo + c.Cn/Co+d.Dn/Do+ .... ...) HN = unit price goods/services at a time when the work was carried out; Ho = unit price goods/services at the time of the bid; a = Coefficient remains consisting of profit and overhead; www.djpp.depkumham.go.id 55 in terms of deals do not include profit and overhead components quantity then a = 0.15. b, c, d = the coefficient component Contract like labor, materials, working tools, etc; The sum a + b + c + d + ... ... and so is 1.00. BN, Cn, Dn = price index components at the time of the work carried out; Bo, Co, Do = price index component on the 12th month after the signing of the contract. (4) the fixing of a coefficient of contract work carried out by the Technical Secretary. (5) price index used proceeds from the issuance of the BPS. (6) in case of the price index is not loaded in the publication of the BPS, used price index issued by the technical agencies. (7) the outline of a contract value adjustments set as follows: Pn = (Hn1 x V1) + (Hn2 xV2) + (Hn3 x V3) + ... ... ... and so Pn = the value of the contract unit price adjustments after the goods/services; HN = new unit price of each type of component work once done using the formula of the price adjustment price adjustments Unit; V = the Volume of each type of component of the work that was carried out. The sixth paragraph of the termination of the contract Article 91 (1) PPK may decide the contract unilaterally if: a. a fine delay execution of the work resulting from the error provider of goods/services already exceeds 5% (five per cent) of the value of the contract; b. Goods/Services Providers neglect/injury promises in carrying out its obligations and did not fix his indifference in a specified period of time; c. goods/services provider of proven fraud, KICKBACKS and/or forgery in the Procurement process is decided by the relevant authorities; and/or complaints about d. deviation procedures, suspected KICKBACKS and/or pelanggararan healthy competition in the implementation of the procurement of goods/services are declared righteous by the authorized agency. (2) in the event of termination of the contract due to goods/Services Provider error: a. Guarantee the implementation of melted; b. the remainder of the cash advance must be repaid by the providers of goods/services or cash advance disbursed Guarantees; c. Goods/Services Providers pay a fine; and/or d. Providers of goods/services included in the black list. The seventh paragraph of the settlement of Disputes of article 92 (1) in case of disagreement between the parties as to the provision of goods/services, the parties must first resolve such disputes through deliberation for consensus. (2) in the event of dispute settlement referred to in subsection (1) is not reached, the resolution of such disputes can be done through arbitration, alternative dispute resolution or court in accordance with the legislation. the eighth Paragraph 56 www.djpp.depkumham.go.id Handover Job Article 93 (1) After work is completed 100% (one hundred percent) in accordance with the provisions contained in the contract, the goods/Services Provider submits a request in writing to the PA/KPA through PPK for delivery of the work. (2) PA/KPA appoints Committee/officials of the recipient of the Work to perform the assessment of the results of the work that has been completed. (3) if there are deficiencies in the result pekerjaaan as referred to in paragraph (2), the organizers/Official Receiver Work through PPK ordered goods/services Providers to improve and/or complete lack of work as stipulated in the contract. (4) the Committee/Official Receiver accepts the surrender Job Results jobs after the entire results of the work carried out in accordance with the provisions of the contract. (5) Special construction work/other services: a. leading provider of construction works/services Other perform maintenance over the results of the work during the period specified in the contract, so the conditions are fixed as at the time of the submission of the work; b. the period of maintenance of the most permanent jobs during the brief for 6 (six) months, while for semi permanent jobs for 3 (three) months; and c. the maintenance period may be beyond the financial year. (6) after a period of maintenance referred to in subsection (5) ended, reimburse the guarantee maintenance of the PPK/retention money to providers of goods/services. (7) a special Procurement goods, the warranty period goes into effect according to agreement of the parties in the contract. (8) the goods/Services Provider signed a Final Handover Events News Work at the time of the final handover process (Final Hand Over). (9) goods/services Providers who did not sign the final Handover Events News Work as intended in paragraph (8) was included in the black list. CHAPTER VII of USAGE goods/services is considered part of the DOMESTIC PRODUCTION increased use of goods/services domestic production of article 94 (1) in the implementation of the procurement of goods/services, Kemhan and the TNI is obliged: a. maximizing the use of the goods/services produced in the country, including an engineering and architecture in national procurement of goods/services; b. maximize the use of national goods/services Providers; and c. to maximize the provision of employment packages for micro and small enterprises as well as Small Cooperatives. (2) the liability of Kemhan and TNI as referred to in subsection (1) is conducted at each stage of the procurement of goods/services, ranging from preparation up to the end of the agreement/contract. (3) compulsory contracts include terms of use: a. Standard Military Indonesia (SMI) or other applicable standards and/or an equivalent international standards established by the relevant agencies and local authorities; www.djpp.depkumham.go.id


57 b. domestic production in accordance with the national industrial capabilities; and c. experts and/or provider of goods/services in the country. (4) the utilization of domestic production on goods/services Procurement process is carried out as follows: a. the terms and conditions of use of the results of the domestic production is contained in Document procurement and explained to all participants; b. in the evaluation process procurement of goods/services must be examined as well as possible so that it really is the result of domestic production and not the import of goods/services sold within the country; c. in the event that some materials to produce goods/services domestic production comes from imports of selected goods/services, which has a component in most of the country; and d. in preparing for the procurement of goods/services, wherever possible to use national standards and pay attention to the ability or potential. (5) in the implementation of the procurement of goods/services have to be in order for goods/services providers in the country to act as the main providers of goods/services, while foreign goods/services Providers can play a role as a provider of goods/services in accordance with their needs. (6) the use of foreign experts whose expertise is not yet available in Indonesia, must be drawn up on the basis of real needs and trying to accomplish programmatically to make the occurrence of a transfer of expertise on Indonesia's labor. (7) the procurement of goods which consist of parts or components for the Interior and parts or components are still imported, should be done with the following conditions: a. the sorting or the component divisions should actually reflect the part or component that has been be produced domestically and parts or components that must still be imported; and b. the procurement of required participants to make a list of imported Goods that are equipped with technical specifications, quantity and price that is attached to the Document Offer. (8) provision of Integrated Work which consists of a part or component of the Interior and parts or components are still imported, should be done with the following conditions: a. the sorting or the component divisions should actually reflect the part or component that has been be produced domestically and parts or components that must still be imported; b. installation work, fabrication, testing, and others as much as possible done in the country; and c. provision of required participants to make a list of imported Goods that are equipped with technical specifications, quantity and price that is attached to the Document Offer. (9) the procurement of imported goods is made possible in terms of: a. the Goods can be produced within the country; b. technical specifications of goods produced in the country do not meet the requirements; and/or c. the volume of domestic production was not able to make ends meet. (10) the provider of the goods/services that carry out procurement of goods/services that are imported directly, make use of the existing services in the country. www.djpp.depkumham.go.id 58 Article 95 (1) the use of domestic products as referred to in article 92 paragraph (1) letter a, done according the domestic component quantities on any goods/services, indicated by the value of the component level within the country (TKDN). (2) mandatory domestic products are used if the goods/services Providers who offer goods/services with a value of TKDN plus Company Benefits Weight value (BMP) at least 40% (forty per cent). (3) the provisions referred to in subsection (2) is only enforced in the procurement of goods/services are followed by at least three (3) participants of the procurement of goods/services products in the country. (4) the implementation of the procurement of goods/services as referred to in paragraph (3), can only be followed by goods/services of domestic production of all the goods/services in accordance with the technical specifications required, reasonable prices and the ability of the submission of the results of the work in terms of time or quantity. (5) TKDN refers to an inventory list of goods/services domestic production, published by the Ministry for industry affairs of wing. (6) the conditions and procedures for counting of TKDN refers to the conditions set out by the Minister of Industrial Affairs wing with fixed values based on the procurement of goods/services as set forth in the regulations of the Minister. The second part of price Preferences Article 96 (1) Price Preferences for goods/services in the country imposed on the procurement of goods/services financed foreign loans through the International Auction. (2) Price Preferences for goods/services in the country imposed on the procurement of goods/services funded purely rupiah but only applies to the procurement of goods/services worth over Rp 5,000,000,000.00 (five billion dollars). (3) the preference Price is only given to the goods/services in the country with TKDN greater than or equal to 25% (twenty five percent). (4) domestic production of the goods referred to in subsection (3), are listed in the list of domestic production Goods issued by the Minister of Industrial Affairs in the wing. (5) the price Preference for domestic production is highest 15% (fifteen per cent). (6) the preference price for the construction work carried out by national Contractors is 7.5% (seven comma five percent) above the lowest offer price from foreign Contractors. (7) the final Evaluation Price (HEA) is calculated with the following conditions: a. the preference for the domestic component of the goods/services is a component level within the country multiplied price preferences; b. the preference price is taken into account in the evaluation of the bid that has fulfilled the requirements of administration and technical, including correction aritmatik; c. calculation of the price of the final Evaluation (HEA) is as follows: HEA = price End Evaluation. KP = coefficient of preferences (component level within the country (TKDN) multiplied by the highest preference of goods/services). HP = bid price (offer price that meets the requirements of the auction and have been evaluated). www.djpp.depkumham.go.id 59 (8) in case there are 2 (two) or more deals with the same HEA, the bidder with the biggest TKDN is the winner. (9) the granting of a preference Price as referred to in paragraph (1), does not change the offer price and only utilized by ULP for the purposes of the calculation of HEA to assign ratings winner of Auction/selection. The third part of the supervision of the use of domestic production of article 97 (1) APIP perform examination of fulfillment of the use of domestic production in the procurement of goods/services for the purposes of the Office each. (2) the APIP immediately perform as well as actions that are curative/repair, in the event of any inconsistency in the use of domestic production, including technical audit (technical audit) based on Document Procurement and contracting procurement of goods/services in question. (3) in terms of examination results as intended in paragraph (1), declared the existence of a discrepancy in the use of goods/services domestic production, goods/services Providers be penalized in accordance with the regulation of the Minister of Defense. (4) the PPK which deviate from these terms shall be penalized in accordance with the provisions of the legislation. CHAPTER VIII the ROLE SMALL BUSINESS AS WELL AS of article 98 (1) in the procurement of goods/services, PA/KPA is obligated to expand business opportunities for micro and small enterprises as well as small cooperatives. (2) in the process of planning and budgeting activities, PA/KPA directing and setting the magnitude of procurement of goods/services to micro and small enterprises as well as small cooperatives. (3) the value of Procurement work package/Other Services/construction work until Rp. 2,500,000,000.00 (two billion five hundred million rupiah), intended for micro and small businesses as well as cooperatives and small, except for the pekerjaanyang package demanding technical competency which cannot be met by micro and small enterprises as well as small cooperatives. (4) the expansion of business opportunities for micro and small businesses as well as koperasikecil through the procurement of goods/services are defined as follows: a. the beginning of each fiscal year, the PA/KPA plan procurement of goods/services with as many packages provided work for micro and small enterprises as well as small cooperatives; and b. PA/KPA deliver packets wing establishments to work micro and small businesses as well as a small cooperative in every province/district/city. (5) the construction of micro and small enterprises as well as small cooperatives include efforts to improve the implementation of the partnership between the non-small businesses with micro and small enterprises as well as small cooperatives in the Office environment. www.djpp.depkumham.go.id


60. CHAPTER IX PROCUREMENT of goods/services through the AUCTION/selection INTERNATIONAL Article 99 (1) procurement of goods/services that are implemented through the auction/selection international must give a chance to the existence of goods/services Providers nationwide. (2) provision of Documents through the auction/selection International is written in two languages, namely the Indonesian Language and the language of the United Kingdom. (3) in case of different interpretation of the meaning of the document against the procurement referred to in paragraph (2), the document that is the Foundation of Indonesia-language reference. (4) the procurement of goods/services financed by export credit, credit and/or grants: a. done through healthy business competition; b. performed with the most profitable country requirements, in terms of technical and price; and c. performed with maximize the use of domestic components and goods/services Providers nationwide. (5) the selection of providers of goods/services that are financed by export credit, other credit and/or grants, done within the country. (6) in the Procurement Document, followed by foreign goods/Services Provider contains the following provisions: a. the existence of cooperation between foreign goods/services Providers with the domestic industry; b. the existence of clear provisions regarding the procedures for the implementation of the transfer of skills, knowledge, expertise and skills; and c. the terms that the entire procurement process wherever possible be carried out in the territory of Indonesia. CHAPTER X the PROCUREMENT of goods/services FINANCED with LOAN FUNDS/GRANTS ABROAD Article 100 (1) procurement of goods/services financed Fund loans/Grants abroad (PHLN) consists of the activities: a. planning the procurement of goods/services with PHLN; and b. implementation of procurement of goods/services with PHLN. (2) PA/KPA planned procurement of goods/services with attention to the use of technical specifications, qualifications, national standards and the ability/potential nationwide. (3) in planning for the procurement of goods/services as referred to in paragraph (1) letter a, should maximize the use of domestic production in accordance with the ability/potential national and national standards in terms of: a. the feasibility study and the architecture project; b. preparation of Procurement Documents/KAK; and c. the preparation of HPS. (4) the evaluation criteria and procedures in the Procurement Document lists the roles and formulation goods/services Providers and national preference price set. (5) in the preparation of the draft contract, need to be noted the obligation of use of domestic production. www.djpp.depkumham.go.id 61 Article 101 (1) PPK in carrying out the work financed from compulsory PHLN, understand: a. Loan Agreements Foreign Script (NPPLN)/Naskah Foreign Grant Agreement (NPHLN) or the consent documents; and b. the provision of implementation of project procurement of goods/services after NPPLN/NPHLN agreed the Government of the Republic of Indonesia and the lender/grants. (2) procurement of goods/services that are financed by the export credit Guarantor Institution/Foreign Private Credit is done through the auction/selection. (3) procurement of goods/services as referred to in paragraph (2), must be a priority projects listed in the list of the priority Plan Loan Grants abroad (DRP. PHLN). (4) in the procurement of goods/services to the Fund is sourced from export credit Guarantor Institution, participants of the auction/selection enter international administrative, technical, bidding prices and source pendanan with its terms in accordance with the provisions and norms that apply internationally. (5) Evaluation of supply sources of funding referred to in subsection (4), carried out with the method of calculation of cost effective. CHAPTER XI the PARTICIPATION of FOREIGN COMPANIES in the PROCUREMENT of goods/services with article 102 (1) foreign companies can participate in the procurement of goods/services with the following conditions: a. for the procurement of construction works with a value of above Rp. RP 100,000,000,000 (one hundred billion rupiah); b. for Other procurement of goods/services with a value of above Rp. 20,000,000,000.00 (twenty billion rupiah);d 60s c. for the procurement of Consultancy Services with a value of above Rp. 2,000 10.000.000.000 (ten billion rupiah). (2) foreign companies which carry out the work referred to in subsection (1), must do the same work effort with national companies in the form of partnerships, subcontracting and others, in which case there is a national company that has the ability in question. CHAPTER XII the CONCEPT of ENVIRONMENT-FRIENDLY Article 103 (1) environmentally friendly Concept is a process of fulfilling the needs of goods/services in Kemhan and the TNI, so the overall Procurement process stages can give benefits to Kemhan and the TNI, society and the economy, by minimizing the impact of environmental damage. (2) the procurement of environmentally friendly Concepts can be applied in the selection of Documents in the form of certain requirements, which leads to the utilization of natural resources in support of the preservation and arif environmental function in accordance with the characteristics of the work. (3) procurement of goods/services that are environmentally friendly as referred to in paragraph (2), having regard to the efficiency and effectiveness of procurement www.djpp.depkumham.go.id 62 (value for money). CHAPTER XIII Procurement electronically part one General provisions Article 104 Electronic Procurement (1) procurement of goods/services can be done electronically. (2) procurement of goods/services electronically done by e-are tendering or e-purchasing. Article 105 of the electronic procurement of goods/Jasasecara aim to: a. enhance transparency and accountability; b. improving market access and competition is a healthy business; c. improve the level of efficiency of the Procurement process; d. support the process of monitoring and auditing; and e. meets the needs of real time access to information. Article 106 (1) LKPP developed a system of government procurement of goods/services electronically, then Kemhan and the TNI develop procurement of goods/services electronically. (2) information systems architecture set LKPP which supports the Organization of the procurement of goods/services secaraelektronik. The second part of article are Tendering E-107 (1) the scope of the e-Procurement announcements are tendering process includes the goods/services up to the announcement of the winner. (2) the parties involved in the e-are tendering as referred to in paragraph (1) is a PPK, ULP/Procurement Officials and providers of goods/services. (3) E-are tendering procurement system implemented electronically organized by LPSE. (4) e-Applications are tendering at least meets the elements of protection of intellectual property rights and confidentiality in the exchange of documents, as well as the availability of security systems and electronic document storage that ensures that electronic documents can only be read at the time. (5) the e-Systems are tendering organised by mandatory LPSE meets the requirements as follows: a. refer to the standards which include interoperability and integration with the system of procurement of goods/services electronically; b. refers to the standard procurement process electronically; and c. are not tied to a specific license (free license). (6) the ULP/Procurement Officials can use the system of procurement of goods/services electronically organized by Kemhan and the TNI LPSE. www.djpp.depkumham.go.id 63 of the third section of E-Purchasing Article 108 1) in the framework of E-Purchasing system, the electronic catalogue (E-Catalogue) at least contain technical information and prices of goods/services. (2) electronic catalog System referred to in subsection (1) is organized by Kemhan and the TNI LPSE. (3) in the framework of management of electronic catalog system as referred to in paragraph (1), Kemhan and the TNI LPSE execute Contracts with Suppliers/Umbrella Service for certain goods/services. The fourth part Procurement Services Electronically Article 109 (1) Kemhan and the TNI can form to facilitate LPSE ULP/Procurement Officials in carrying out the procurement of goods/services electronically. (2) the Procurement Officer/ULP on Kemhan and the TNI which do not form LPSE, can carry out Procurement electronically by becoming a user of LPSE nearby. (3) the functions of the Ministry LPSE at least include the following: a. an electronic system administrator; b. registration and user verification unit; and c. the unit of service users. (5) Kemhan and the TNI LPSE obliged to draw up and implement standard operating procedures as well as sign an agreement level of service (Service Level Agreement) with LKPP. (6) construction and supervision do LKPP towards organizing the system of procurement of goods/services electronically. The fifth National Procurement Portal section of article 110 (1) LKPP building and managing National Procurement Portal. (2) Kemhan and the TNI plans to serve mandatory procurement and Procurement announcements on the website Kemhan and the TNI and National Procurement Portal through LPSE. (3) each Website Kemhan and the TNI is obliged to provide access to LKPP to obtain information as referred to in paragraph (2). CHAPTER XV CONTROL, surveillance, COMPLIANCE and SANCTION of the first part of article 111 Control (1) Kemhan and the INDONESIAN ARMED FORCES are prohibited from engaging in any form of levy in the implementation of the procurement of goods/services. www.djpp.depkumham.go.id


64 (2) Director Kemhan and the TNI is obliged to report periodically the realization of goods/services Procurement to LKPP. The second part of article 112 Kemhan Supervision and the TNI is obliged to conduct surveillance against the PPK and the ULP/Procurement Officials in Kemhan environment and the AIR FORCE each, and assign the corresponding apparatus of internal auditing to audit compliance with the provisions. The third Complaint Article 113 (1) in terms of goods/services Providers or community found indications of irregularities of procedure, CCN in the implementation of the procurement of goods/services and/or any breach of a healthy competition may file a complaint over the election process goods/services Providers. (2) a complaint referred to in subsection (1), dedicated to the Kemhan and the TNI APIP concerned and/or LKPP, accompanied by strong evidence that material directly related to the complaint. (3) the Inspectorate Kemhan and TNI as well as LKPP referred to in subsection (2) in accordance with its follow up complaints were considered well-founded. (4) the results of the follow-up undertaken by the Inspectorate of the complaints referred to in subsection (3), reported to the Defense Minister/Commander of the INDONESIAN Navy Chief of staff/can be reported to the relevant authorities with the approval of Defense Minister/TNI Commander/Chief of staff the force, in which case it is believed there is an indications of CCN will harm the country's finances, with copy to LKPP and BPKP. (5) the authorized Agencies can follow up on the complaint after the contract is signed and there is indication of a loss of the country. The fourth part of sanctions of article 114 (1) of the Act or action of the provider of the goods/services may be subject to sanctions is: a. attempted to influence the ULP/Procurement Officer/other parties authorized in form and in any way, either directly or indirectly to satisfy his desire that is contrary to the provisions and procedures that have been defined in the Document on the Procurement/contracts, and/or provision of legislation; b. conduct of collaboration with other goods/services Providers to set the bid outside the procedures of implementation of the procurement of goods/services, so as to reduce/inhibit/minimize and/or exclude the healthy competition and/or harming others; c. create and/or deliver documents and/or other information that is not correct to meet the requirements of the procurement of goods/services specified in Procurement Documents; www.djpp.depkumham.go.id 65 d. resigned from the execution of the Contract for reasons that could not be accounted for and/or unacceptable by the ULP/Procurement Officials; e. could not complete the work in accordance with the Contract responsibly; and/or f. based on the results of the checks referred to in Article 97, paragraph (3) found the existence of a discrepancy in the use of the goods/services of domestic production. (2) the Act referred to in subsection (1), subject to sanctions in the form of: a. administrative sanctions; b. the sanctions the inclusion in the Blacklist; c. in the civil lawsuit; and/or d. reporting are criminal to the authorities. (3) sanctions as referred to in paragraph (2) letter a, performed by PPK/ULP/Procurement Officials in accordance with the provisions. (4) the sanctions referred to in paragraph (2) letter b, done by PA/KPA after gaining input from PPK/ULP/Procurement Officials in accordance with the provisions. (5) an action referred to in paragraph (2) Letter c and the letter d, carried out in accordance with the laws. (6) if found fraud/forgery over the information on goods/services Providers pass on, cancellation penalties as a candidate the winner and be included in the black list. (7) in the event of breach and/or fraud in the process of procurement of goods/services, then the ULP: a. subject to administrative sanctions; b. sued for damages; and/or c. reported in criminal. Article 115 the deed or action referred to in Section 114 subsection (1) letter f, in addition to penalties as stipulated in article 114 paragraph (2) letter a and letter b, penalized financially. Article 116 in addition to the deed or action referred to in Section 114 subsection (1), goods/services Providers that are late to finish a job in a period of time as set out in the contract, could be subject to a fine delay of 1/1000 (one thousandths of an) of the contract price or the portion of the contract for each day of delay and does not exceed the magnitude of Guarantee implementation. Article 117 Consultant planners who are not careful and resulted in losses to the State, imposed sanctions in the form of must reconstitute the planning with the burden of the cost of the consultant in question, and/or demands compensation. Article 118 the PPK do injury to the promise against the provisions contained in the contract, the compensation can be requested with the following conditions: a. magnitude of the indemnity paid by the PPK for the delay in payment is of interest of late paid bills, based on interest rates prevailing at that time according to the statutes of the Bank Indonesia; or www.djpp.depkumham.go.id 66 b. may be compensated in accordance with the contract. Article 119 in case of fraud in Procurement announcements, penalties were given to members of the ULP/Procurement Officials in accordance with the legislation. Article 120 (1) Kemhan and the TNI can create a black list referred to in Article 114 paragraph (2) letter b, which contains the identity of the provider of the goods/services are subject to sanctions by the TNI and Kemhan. (2) black list referred to in paragraph (1), a list of goods/services providers are barred from following the procurement of goods/services on Kemhan and the TNI. 3) Kemhan and the TNI handed the black list to LKPP for inclusion in the Blacklist. (4) National black lists as referred to in paragraph (3), updated every moment and embodied in the national Procurement Portal. BABXVI HUMAN RESOURCE DEVELOPMENT in the ORGANIZATION of the first Training Part PROCUREMENT Article 121 (1) for compliance and improvement of human resources in the procurement of goods/services initiated procurement of goods/services. (2) human resources training Program referred to in subsection (1), drawn up on the basis of standards of competence and can be done in a tiered. The second part of the human resources Certification Article 122 (1) LKPP do Certification of government procurement of goods/services, TNI and Kemhan do Certification of procurement of goods/services. (2) LKPP can work together with professional certification institutions which meet the requirements of the accreditation to do the Certification referred to in subsection (1). (3) the arrangements about Procurement Certification level for goods/services established by the head of LKPP. The third part of the period of validity of a certificate of goods/services Procurement Expertise of article 123 transition Provisions the enactment of Certificates of expertise Procure goods/services are organized as follows: a. PPK on UO and Kotama Kemhan as well as UO TNI is obliged to have a certificate of goods/services Procurement Expertise since the regulation of the Minister of defence is applicable; b. PPK on Kotama TNI Satker and required to have a certificate of goods/services Procurement expertise at the latest 1 January 2012; the Fourth Section 67 www.djpp.depkumham.go.id and professional development of article 124 (1) civil servants are assigned as the PPK or members of ULP/Procurement Officials, obtain a career in accordance with the legislation. (2) civil servants are assigned as PPK, a member of the ULP/Procurement Officials, obtain allowance profession magnitude in accordance with laws-invitation. CHAPTER XVII miscellaneous PROVISIONS and TRANSITIONAL provisions of the first part of the miscellaneous Article 125 (1) the provisions of the procurement of land arranged with its own invitation-peraturanperundang. (2) goods/services Procurement Arrangements financed BUDGET, if followed up with the decision of the Defence Minister of STATE BUDGET, the User must still have only and must not be contrary to the provisions of the regulation of the Minister of Defense. Part two Transitional Provisions Article 126 (1) mandatory ULP formed Kemhan and TNI at the latest on the fiscal year 2014. (2) in case of the ULP has not yet formed or haven't been able to serve the overall needs of procurement as provided for in this regulation, PA/KPA Procurement Committee set to carry out procurement of goods/services. (3) the Committee of procurement referred to in paragraph (2), has a membership requirement, basic tasks and authority as a requirement of membership, duty and authority of ULP working group. Article 127 (1) Kemhan and the TNI is obliged implement procurement of goods/services electronically for the part/whole work packages in fiscal year 2012, gradually in accordance with the level of ability of each unit of work Kemhan and TNI. (2) Kemhan and the TNI began using e-Procurement in the procurement of goods/services adapted to the needs, since this rule set. Article 128 with the introduction of the regulation of the Minister of Defense: (1) procurement of goods/services that are executed before January 1, 2011 can still based on presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services as it has several times changed the last presidential regulation Number 95 in 2007 and the regulation of the Minister of defence number: PER/06/M/VII/2006 6 July 2006 of Guideline www.djpp.depkumham.go.id


68 implementation of the procurement of goods/services in the environment of the Ministry of Defense and the national army of Indonesia. (2) procurement of goods/services are being carried out on the basis of presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services as it has several times changed the last presidential regulation Number 95 in 2007 and the regulation of the Minister of defence number: PER/06/M/VII/2006 6 July 2006 on guidelines for Implementing the procurement of goods/services in the environment of the Ministry of Defense and the national army of Indonesia. Followed by the fixed based on presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services as it has several times changed the last presidential regulation Number 95 in 2007 and the regulation of the Minister of defence number: PER/06/M/VII/2006 6 July 2006 on guidelines for Implementing the procurement of goods/services in the environment of the Ministry of Defense and the national army of Indonesia. (3) contracts that have been signed by virtue of presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services as it has several times changed the last presidential regulation Number 95 in 2007 and the regulation of the Minister of defence number: PER/06/M/VII/2006 6 July 2006 on guidelines for Implementing the procurement of goods/services in the environment of the Ministry of Defense and the national army of Indonesia , remain valid until the expiry of the agreement/contract. (4) the serving of goods/services Procurement announcement in the newspaper of the national and/or provincial, still done by ULP/Procurement Officials in national newspapers and/or province that has been established, up to the expiry of the agreement/Contract serving goods/services Procurement announcements. CHAPTER XVIII the CONCLUDING PROVISIONS of article 129 of the Ordinance Implementing the procurement of goods/services listed in the annex to the regulation of the Minister of Defense, and is one of unity and the part that is an integral part of this regulation. Article 130 (1) provision of more about Standard Procurement Documents (Standard Bidding Document) is subject to the rule Head LKPP. (2) provision of more about technical operations about the Blacklist, procurement electronically, and certify the expertise of the procurement of goods/services, is governed by the head LKPP. Article 131 presidential decree number 80 in 2003 on Guidelines implementation of Government procurement of goods/services as it has several times changed the last presidential regulation Number 95 in 2007 and the regulation of the Minister of defence number: PER/06/M/VII/2006 6 July 2006 on guidelines for Implementing the procurement of goods/services in the environment of the Ministry of Defense and the national army Indonesia revoked and declared not applicable since the 1st of January 2011. www.djpp.depkumham.go.id 69 Article 132 of this regulation of the Minister of defence took effect from the date set. In order to make everyone aware of it, ordered the enactment of regulations the Minister of Defense is with its placement in the news of the Republic of Indonesia. Established in Jakarta on August 18, 2011 SECRETARY of DEFENSE of the REPUBLIC of INDONESIA, PURNOMO YUSGIANTORO Enacted in Jakarta on September 5, 2011 MINISTER of LAW and HUMAN RIGHTS Republic of INDONESIA, PATRIALIS AKBAR REPUBLIC INDONESIA in 2011 NUMBER 551 www.djpp.depkumham.go.id