Perpres 13 Tahun 2010

lA

THE AMENDMENT TO PRESIDENTIAL REGULATION NO. 67/2005 ON

COOPERATION BETWE!N THE GOVERNMENT AND CORPORATE BODIES IN

THE PROVISION OF INFRASTRUCTURES

(Presidential Regulation No. 13/2010 dated January 28, 2010)

BY THE GRACE OFGOD AUotIGHTY

THEPRfSIDENTOFTHEREPU8I.lCOFINDONESIA,

DECIDES:.

To stipulate:

THE PRESIDENTIAL REGULATION ON AMENDMENTTO

Considering: PRESlDENlIAL REGULATION NO. 67/2005 ON COOP-

that to accelerate the provision of infra- ERATIONBETWEENTHEGOVERNMENTANDCORPO-

structures under cooperation with corporate bod- RATE BODIES IN THE PROVISION OF INFRASTRUC-

ies, it is necessary to amend Presidential Regula- lURES.

tion No. 67/2005 on Cooperation between the Gov-

Article I ernment and Corporate Bodies In the Provision of

Infrastructures; Several provisions in Presidential Regulation

No. 67/2005 on Cooperation between the Govern-

In view of : ment and Corporate Bodies In the ProVision of In-

1. Article 4 paragraph (1) of the 1945 Constitution; frastructures shall be amended as follows:

2. Presidential Decree No. 80/2003 (BN No. 6986 1. Article 1 point 8 shall be amended and 1 (one)

pages 7A-13Aand so on)on Guidance for the Pro- new point, namely point 9, shall be added to it so

curement of Government Goods/Services (Stat- that it reads as follows:

ute Book of 2003 No. 120, Supplement to Stat- "Article 1

ute Book No. 4430) as has been several times 1. Minister/Head of Institution is the head ofmin-

amended the latest by Presidential Regulation istry/institution whose tasks and responsi-

No. 95/2007 (BN No. 7620 pages 21A-24A and bilitlescoverthe infrastructure sector as pro-

so on); vlded for in this Presidential Regulation.

3. 'Presidential Regula!:ion No. 67/2005 on Coopera- 2. Head of Region is the governor of province or

tlon between the Government and Corporate the regent of regency or the mayor of mu-

Bodies in the Provision of Infrastructures; nldpallty.

Business News 7946/4-23-2010 3. The .....

3. The provision of infrastructures is a series of

activities covering COnstruction works to de

velop or increase the capacity of infrastruc

tures and/or manage infrastructures and/or

maintain infrastructures to increase the ben-

efit of infrastructures.

4. Corporate body is a private limited liability

company, state-owned company (BUMN), re-, gional government-owned company (BUMO)

and cooperative.

5. Cooperation project is the provision of infra

structures carried out under a cooperation

agreement or issuance of operation permit

between the Minister/Head of Institute/Head

of Region and corporate body.

6. Cooperation agreement is a written agree

ment between the Minister/Head oflnstitute/

Head of Region and corporate body for the

provision of infrastructures decided through

a public auction.

7. Operation pennit is a permit issued by the Min

ister/Head of Institute/Head of Region to a

corporate body for the provision of infra

structures decided through a public auction.

S. Government support is fiscal or non-fiscal con

tribution given by the Minister/Head of Insti

tute/Head of Region and/or the Finance Min

ister according to tbelr respective authority

based on the law and regulation in an effort

to increase the financial feasibility of coop

eration projects.

9. Government guaranty is financial compensa

tion and/or compensation in any other form

Business News 7946/4-23-2010

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given by the Finance Minister to corporate

bodies under a risk-sharing scheme for coop

eration projects" •

2. 2 (two) new pragraphs, namely paragraph (3)

and paragraph (4) shall be added to Artlde 2 so

that it reads as follows:

"Artide2

(1) The Minister/Head of Institute/Head of Re

gion can cooperate with corporate bodies in

the provision of infrastructures.

(2) In realizing the cooperation as referred to in

paragraph (1), the Minister/Head of Insti

tute/Head of Region shall be responsible for

the cooperation project. "

(3) If the law and regulation on the relevant in

frastructure sector 'stipulate that the provi

sion of infrastructures by the Government is

done or implemented by a state-owned com

pany /regional government-owned company,

the state-owned company/regional govern

ment-owned company shall be responsible for

the cooperation project.

(4) ProVisions on the tasks and authority of the

Minister/Head of Institute/Head of Region in

this Presidential Regulation, shall also be ap

plicable to the state-owned company/re

gional government-owned company as re

ferred to in paragraph (3), except the public

tasks and authority of the Minister/Head of

Institute/Head of Region that can not be

delegated."

3. Artide 4 ......

3. Article 4 paragraph (1) shall be amended so that

it reads as follows:

"Article 4

(1) The types of infrastructures that can be car

ried out under cooperation with corporate

bodies cover:

a. transportation infrastructures, covering

the rendering of airport services, the pro

vision and/or rendering of seaport ser

vices, railway facilities and infrastruc

tures;

. b. road infrastructures, covering toll roads

and toll bridges;

c. irrigation infrastructures, covering raw

water~carrying channels;

d. drinking water infrastructures, cover

ing raw water collecting buildings,

transmission networks, distribution net

works, drinking water processing instal

lations;

e. waste water infrastructures, covering

waste water processing installations, col

lecting networks and main networks, and

garbage handling facilities, covering trans

portation and dump site;

f. telecommunications and informatics infra

structures, covering telecommunications

networks and e-government infrastruc

tures;

g. electricity infrastructures, covering the

development of geothermal power plants,

electricity transmission or distribution;

and


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h. natural oil and gas infrastructures, cov

ering natural oil and gas transmission and/

or distribution.

(2) The provision of infrastructures as referred

to in paragraph shall be carried out under

cooperation according to the law and regu

lation on the relevant sector."

4. Artide 10 shall be amended so that it reads as

follows:

"Article 10

Corporate bodies can propose the initiative

of cooperation projects in the proVision of infra

structures to the Minister/Head of Institute/

Head of Region under the following criteria:

a. not included in the master plan in the relevant

sector;

b. technically integrated with the master plan

in the relevant sector;

c. economically and financially feasible; and

d. not requiring govemmentsupport in the form

offiscal contribution."

5. Article 13 shall be amended so that it reads as

follows:

"Article 13

(1) Corporate bodies acting as the initiator of

cooperation project and approved by the Min

ister/Head of Institute/Head of Region will

be given compensation.

(2) The compensation as referred to in paragraph

(1) can be in the form of:

a. the granting of additional value; or

b. the .....

b. the granting of right to make a bid by the

initiating corporate body to the best bidder

(right to match) according to the results of

evaluation in the auction process; or

c. the purchase of initiative of cooperation

project including the accompanying intel

lectual property right by the Minister/

Head of Institute/Head of Region or the

tender awardee.

(3) The granting of compensation as referred to

in paragraph (2) will be put in the letter of

approval by the Minister/Head ofInstitute/

Head of Region.

(4) The initiator of cooperation project approved

by the Minister/Head of Institute/Head of

Region as referred to in paragraph (2) let

ters a and b shall remain under the obliga

tion to make a bid as required in the public

tender document.

(5) The initiator of cooperation project approved

by the Minister/Head of Institute/Head of

Region as referred to in paragraph (2) letter

c is not allowed to make a bid as required in

the public tender document."


follows:

"Article 14

(1) The granting of additional value as referred

to in Article 13 paragraph (2) letter a shall

be a maximum of 10% (ten percent) of the

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(2) The amount of expenses incurred by the ini

tiating corporate body as referred to in Ar

ticle 13 paragraph (2) letter c shall be set by

the Minister/Head of Institute/Head of Re

gion based on the appraisal carried out by

an independent appraiser appointed by the

Minister/Head ofInstitute/Head of Region.

(3) The purchase of initiative of cooperation

project as referred to in Article 13 paragraph

(2) letter c shall constitute compensation by

the Minister/Head of Institute/Head of Re

gion or by the tender awardee for a sum of

direct costs incurred by the initiating corpo

rate body related to preparations for the

cooperation project.

(4) The granting of right to alter a bid (right to

match) as referred to in Article 13 paragraph

(2) letter b shall constitute the granting of

right to the corporate body initiating the co

operation project to alter its bid if based on

the results of a public tender other corpo

rate body makes a higher bid.

(5) The period of time for the initiating corpo

rate body to apply for right to alter a bid as

referred to in paragraph (4) shall be a maxi

mum of 30 (thirty) days after the highest bid

from the public tender for cooperation

project has been determined based on the

criteria of appraisal in the relevant sector."

tender appraisal by the initiator and be firmly 7. The title of CHAPTER VI shall be amended so that

put in a tender document. it reads as follows:

Business News 7946/4-23-2010 "CHAPTER VI .....

"CHAPTER VI

RISK MANAGEMENT "

8. Provisions in Article 17 shall be omitted.

9. In between CHAPTER VI and CHAPTERVU 1 (one)

chapter, namely CHAPTER VIA shall be inserted,

consisting of Article 17A, Article 17B, and Article

17C, so that CHAPTER VIA reads as follows:

"CHAPTER VIA

GOVERNMENTSUPPOlU AND

GOVERNMENTGUARANTY

Article 17A

(1) The Minister/Head ofInstitute/Head of Re

gion can give government support to coop

eration projects according to the scope of

the cooperation projects.

(2) Government support in the form offiscal con

tribution shall be included in the State Bud

get and/or the Regional Budget.

(3) Government support in the form of licendng,

land procurement, part of construction, and/

or any other form according to the law and

regulation shall be dedded by the Minister/

Head of Institute/ Head of Region.

(4) The Finance Minister can approve the grant

ing of government support in the form of tax

incentives based on proposal from the Minis

ter/Head ofInstitute/Head of Region.

(5) Government support shall be contained in a

public tender document.


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(6) The land procurement as referred to in para

graph (3) shall be carried out by the Minis

ter/Head of Institute/Head of Region before

the process of procureme"t by the corpo

rate body.

(7) If a cooperation project is finandally feasible,

the corporate body winning the tender can

repay the cost of land procurement already

carried out by the Minister/Head of Insti

tute/Head of Region as referred to in para

graph (6) partly or wholly and the repay

ment shall be contained in a public tender

document.

(8) Provisions in paragraphs (6) and (7) shall be

implemented if they do not contradict the law

and regulation in the relevant sector.

(9) Besides the government support as referred

to in paragraph (3), the government can give

government guaranty to cooperation

projects.

Article 17B

(1) Government guaranty shall be given byob

serving the prindples of finandal risk man

agement and control in the State Budget

(APBN).

(2) The risk control and management of govern

ment guaranty as referred to in paragraph

(1) shall be done by the Finance Minister.

(3) In carrying out the task and function as re

ferred to in paragraph (2) the Finance Minis

ter shall have the authority to : .

a. set the criteria of granting government

guaranty to cooperation projects;

b.ask ......

b. ask for and obtain the required data and

information from parties related to coop

eration projects for which government

guaranty is sought;

c. approve or reject proposals.!Or the grant

ing of government guaranty to corporate

bodies in the provision of infrastructures;

d. decide the model and type of government

guaranty granted to a cooperation

project.

(4) Government guaranty granted to a corpo

rate body shall be contained in a public ten

der document.

(5) Further provisions on the models, types and

procedures of granting government guaranty

are to be provided for in a Regulation of the

Finance Minister.

Artide17C

(1) Government guaranty in the form of finan

cial compensation can be granted by the Fi

nance Minister through a corporate body

especially set up by the government for the

purpose of infrastructure underwriting.

(2) Provisions on the granting of government

guaranty as referred to in paragraph (1) are

to be provided for in a separate Presidential

Regulation."


follows:

"Article 20

The procedure of procurement as referred to in

Article 18 shall cover:


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a. plan for procurement;

b. realization of procurement."

11. Article 23 paragraph (1) shall be amended and

1 (one) new paragraph, namely paragraph (4)

shall be added to it so that it reads as follows:

"Article 23 .. (1) A cooperation agreement shall at least con-

tain provisions on :

a. scope of job;

b. a period of time;

c. implementation guaranty;

d. tariff and mechanism of adjusting it;

e. right and obligation, including risk alloca

tion;

f. service performance standard;

g. transfer of shares before the cooperation

project starts commercial operation;

h. sanctions if parties do not meet agree

ment;

i. severance or cessation of agreement(

j. financial statement of the corporate body

to implement the agreement, audited an

nually by an independent auditor and an

nounced in the print media of national

scale;

Ie. mechanism of settling disputes, through

the phases of settlement ranging from dis

cussions to reach agreement, mediation

to arbitration/court;

L mechanism of supervising the perfor

mance of the corporate body in the pro-

curement process;

m.use .....

m use and ownership of infrastructure as

sets;

n. the return of infrastructure assets and/

or their management to the Minister/Head

oflnstitute/Head of Region;

o. force majeure;

p. statement and guarantee from parties

that the cooperation agreement is valid

and binds the parties and accords with

the law and regulation;

q. use of the Indonesian language in the co

operation agreement. If the cooperation

agreement signed is written in more than

one languages, it is the Indonesian ver

sion which is valid; ,

r. the existing law, namely the Indonesian

law.

(2) If the provision of infrastructures is carried

out by a corporate body by clearing land,

the amount of implementation guaranty as

referred to in paragraph (1) letter c can be

set by considering the cost incurred by the

corporate body in clearing the land in ques

tion.

(3) A cooperation agreement shall clearly carry

the ownership status of assets procured dur

ing the period of agreement.

(4) The transfer of shares of the corporate

body holding a cooperation agreement be

fore the provision of infrastructures starts

commercial operation as referred to in para

graph (1) letter g, can only be done after

securing approval and fulfilling criteria set


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by the Minister/Head of Institution/Head of

Region on condition the transfer of shares

does not postpone the operation of the co

operation project."

12.Article 24 paragraph (2) shall be amended and2

(two) paragraphs, namely paragraphs (la) and

(lb) shall be inserted, so that it reads as fol

lows:

"Article 24

(1) No later than 12 (twelve) months after a

corporate body signed a cooperation

agreement, the corporate body shall re

ceive funding for the cooperation project.

(la) The funding as referred to in paragraph (1)

will be considered as being received if :

a. a loan agreement has been signed to fi

nance all cooperation projects; and

b. part of the loan as referred to in letter

a can be disbursed to start construc

tionjobs.

(lb) The period of time as referred to in para

graph (1) can be extended by the Minis

ter/Head oflnstitution/Head of Region to

another 12 (twelve) months at the most if

the failure to obtain funding is not caused

by the corporate body's negligence accord

ing to the criteria set by the Minister/ Head

ofInstitution/Head of Region.

(2) If the period of time as referred to in

paragraph (1) or the extended period of

time as referred to in paragraph (lb)

can not be met by the corporate body,

the •••••.

the cooperation agreement shall be termi

nated and the Minister/Head of Institu

tion/Head of Region shall have the rightto

disburse implementation guaranty."

13. Attachment shall be amended so that it becomes

Attachment to this Presidential Regulation which

is an integral part of this Presidential Regula

tion.

ArtideII

1. With the coming into force of this Presiden

tial Regulation:

a. cooperation agreements signed before

the coming into force of this Presidential

Regulation shall remain valid;

b. if the process of procuring a corporate

body is still underway and no winner has

been named the further process of pro

curing a corporate body shall be done ac

cording to this Presidential Regulation;

c. if the process of procuring a corporate

body has been conducted and the winner

has been named but the cooperation

agreement has not been signed the co

operation agreement shall be made ac

cording to this Presidential Regulation;

d. if the cooperation ageements have been

signed but funding has not been fulfilled ac

cording to the period of time set in the co

operation agreements, the obligation to

fulfill funding shall be carried out according


8A

to this','PresidentialRegulation after the

Minister/Head of Institution/Head of Re

gion has evaluated the corporate body

and cooperation projects based on the

criteria set by the Minister/Head of In

stitution/Head of Region;

e. if cooperation agreements have been

signed but land procurement has not yet

been completed, the process of procuring

land will be adjusted based on this Presi

dential Regulation, and the Minister/Head

of Institution/Head of Region can make

adjustments to the cooperation agree

ments after evaluating the corporate

body and cooperation project based on

the criteria set by the Minister/Head of

Institution/Head of Region.

f. the transfer of shares taking place before

the commercial operation of the coopera

tion projects and the coming into force of

this Presidential Regulation shall remain

valid.

2. This Presidential Regulation shall come into

force as from the date of stipulation.

Stipulated in Jakarta

on,January 28, 2010

, '. ~ .; '."

THE PRESmENTOFTHE REPUBLlCOFINDONESIA,'

sgd.

DR. H. SUSILO BAMBANG YUDHOYONO

ATTACHMENT .....

ATTAOiMENT

THE PROCEDURE OF PROCURING CORPORATE BODY

WITHlNTHEFRAMEWORKOF

COOPERATIONAGREIEMENT

A. Pl'OC1Irement Plan

1. The Minister/Head of Institution/Head of Re

gion shall form a procurement committee;

2. The procurement committee shall be made up

of elements having a knowledge of :

a. procedure of procurement;

b. substance of relevant jobs/activities;

c. agreement law;

d. technical aspect;

e. financial aspect.

3. Timetable for th~ realization of pl'OC1lrement:

timetable for the realization of procurement

shall give adequate time allocations for all

phases of procurement process.

4. Self-calculated Price (HPS) shall be done ac

curately.

5. Public tender documents shall at least con-

tain:

a. invitations to tender participants;

b. instructions to tender participants cover

ing at least :

1) general: SCOpe of jobs, funding sources,

requirements and qualifications often

der participants, the number of bid

documents and inspection of job loca-

tions;


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. 2) content of public tender documents, ex

planation of public tender documents

and a change in the content of public

tender documents;

3) requirments of language used in bids,

the writing of bidding prices, currency

used in bids and payment methods, the

validity period of bids, bid guaranty,

proposal for alternative bids by tender

participants, models of bids, and the

signing of bid documents;

4) the method ofenveloping bids and mark

ing bid covers, deadline for the filing

bids, treatment of late bids, and ban on

a change and withdrawal of incoming

bids;

5) the procedure of opening bids, confiden

tiality and ban, dariflcation of bid docu

ment, examination of bid documents,

aritmathic correction, conversion into a

Single currency, system of evaluating

bids covering criteria, formulation and

procedure of evaluation as well as

evaluation of price preferences;

c. draft cooperation agreement;

d. quality and price list;

e. technical and picture specification;

f. the model of bids;

g. the model of cooperation;

h. the\~el of bid guaranty; . . i. therilbdel of executing guaranty;

j. the pUblic tender document shall explain

the method of submitting tender bids.

B.Imolementation .....

B. Implementation of Procurement process

1. Procurement, announcement and registration

of participantsj

a. the procurement committee shall widely

announce the public tenderj

b~ announcement containing at least: name

and address of the Minister/Head oflnsti

tution/Head of Region who will call a pub

lic tender, brief description of jobs put to

a tender, the estimate of value of jobs,

qualifications of tender participants, place,

date, day and time to take public tender

documentsj

c. to make the announcement as referred to

in letter a achieve the target, and run ef

fectively and accurately according to the

reach of the targeted people and busIness

men, the announcement shall be made in

suchaway:

lOA

tender /prequalification announcement

shall use newspapers and regional govern

ment/private radio broadcast having

readers and listeners on a national/inter

national scale.

2. prequalification, covering the evaluation of :

a. business permits in the relevant business

field;

b. the authority to sign contracts legallYj

c. legal status of companies, in the sense the

companies are not put under court surveil

lance, do not go bankrupt, do not have their

business activities suspended, and/or are

not faCing criminal sanctions;


d. experience in cooperation projects in the

proVision of similar infrastructuresj

e. the capability to provide facilities and in

strument as well as personnelj

f. audited financial statement in the past 3

(three) book yearsj

g. a statement of financial support from a

banlc;and

h. the availability of special instrument, spe

cialist expert needed, or certain experi

ence, for special/specific/high-technology

jObs.

3. The Procedure of Prequalification:

a. prequalification announcement for public

tenderj

b. registration and taking of prequalification

documents;

c. submission of prequalification documents

by tender participantsj

d. evaluation and clarification of

prequalification documents;

e. approval by the procurement committee

of the list of tender participants p~ssing

the prequalificationj

f. approval by the procurement committee

of the prequalification resultsj

g. announcement of prequalificatlon resultsj

h. the filing of objections by tender partici

pants failing prequalification to the Minis

ter/Head of Institution/Head of Region, if

anyj

i. verification and follow up of complaints

about prequallfication results;

j. re-evaluation ....

. j. re-evaluation by.the procurement commit

tee if the objections of the suppliers of

goods/services prove right and announce

ment of re-evaluation results;

k. if the number of tender participants pass

ing prequililification is less than 3 (three)

tender announcement and repeat

prequalification shall be made by inviting

new tender participants;

I. if after tender announcement and repeat

prequalification has been made the num

ber of would-be tender participants re

mains less than 3 (three) the procurement

committee shall proceed with a public ten

der.

4. The Making of Ust of Participants, the Exten

sion of Invitations and the Taking of Public

Tender Documents

llA

a. a list of tender participants to be invited

shall be endorsed by the Minister/Head of

Institution/Head of Region;

b. all would-be tender participants put in the

list of tender participants shall be invited

to take public tender documents;

c. tender participants invited deserve to take

public tender documents from the procure

ment committee.

5. Tender explanations (Aanwijzing)

a. tender explanations are given in the speci

fied place and at the specified time, at

tended by tender participants put in the

list of tender participants;


b. the absence of tender participants during

tender explanations cannot be used as the

basis for the refusal/ disqualification of

bids;

Co during public tender explanations, tender

participants shall be briefed on :

1) method of tender;

2) method of submitting bids;

3) documents that must be attached to bid

documents;

4) method of opening bid documents;

5) method ofevaluafion;

6) matters di~ualifying bids;

7) model of cooperation agreement;

8) provisions on and method of evaluation

related to price preference over the

use of domestic products;

9) amount, validity period and party that

can issue bid guaranty.

d. if considered necessary, the procurement

committee can give further explanations

by conducting a review in the field;

e. the giving of explanations on articles in pub

lic tender documents in the form of ques

tions from participants and replies from the

procurement committee as well as other

Information induding their amendment and

field review, shall be put in an official reo.

port (BAP) signed by the procurement

committee and at least 1 (one) represen

tative of participants present, and consti

tute an integral part of public tender docu

ments;

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f. if BAP as referred to in letter e contains

new matters/provisions or essential

amendment that need to be accommo

dated, the procurement committee shall

put them in the addendum to public ten

der documents.

6. The SUbmission and Opening of Bid Doc.uments

a. method of submitting bid documents using

two-envelop method, namely envelop I

containing administrative and technical bid

documents, and envelop II containing fi

nancial bid documents, and later the two

envelops are put in,to 1 (one) closing en

velop filed altogether to the procurement

committee;

b. method of submitting and procedure of

opening bid documents shall follow provi

sions required in the public tender docu-

ments;

c. method of submitting bid documents and a

period of time for the submission of bid

documents shall be explained at time of

giving explanations;

d. the procurement committee shall decide

place, date and time for the receipt of bid . documents;

e. bid documents shall be submitted directly

to the procurement CIOmmittee In the speci

fied place, date and time;

f. It is not allowed to change the deadline for

the submission of bid documents;

g. during the deadline for the submission of

bid documents the procurement committee


shall hold a meeting on the opening of bid

documents, stating before tender partici

pants that the time of returning bid docu

ments has been closed according to the

specified time, and refuse belated bid docu

ments and/or additional bid documents, . and later open incoming bid documents;

h. the opening of bid documents:

1) The procurement committee shall ask at

least 2 (two) representatives of ten

der participants present to become wit

nesses. If there are no witnesses tram

tender participants present, the pro

curementcommittee shall postpone the

opening of box where bid documents are

entered until the time specified by the

procurement committee. If after the

specified time has passed none of rep

resentatives of tender participants is

present the box shall be opened in the

presence of 2 (two) witnesses other

than the procurement CIOmmittee ap

pointed in writing by the procurement

CIOmmittee;

2) The procurement committee shall exam

ine the content of the box where bid

documents are entered and calculate

the number of inCIOming bid envelops

(excluding withdrawn bid documents);

3) Bid documents shall be opened accord

ing to provisions in the tender docu

ments.

41 The .....

4) The procurement oommittee shall exam

ine, show and read before tender par

ticipants the oompleteness of bid docu

ments oonsisting of :

a) bid document oontaining the validity

period of bid without bid prices;

b) original bid guaranty;

c) technical bid documents and other

supporting documents required in

public tender documents.

5) The procurement oommittee can dis

qualify bids at the time of opening bids

if bid documents are not oomplete and

submitted according to tender docu

ments;

6) The procurement oommittee shall imme

diately make an official report on the

opening of bids (BAPP) for all inooming

bids;

7) After being read out clearly, the BAPP

shall be signed by members ofthe pro

curement committee present and 2

(two) representatives of legal tender

participants appointed by tender par

ticipants present. If there is only 1 (one)

bid, the BAPP shall be signed by mem

bers of the procurement oommittee

present, representatives of tender par

ticipants, and 2 (two) witnesses ap

pointed by the procurementoommittee;

8) BAPP are distributed among representa

tives of tender participants present with

out being acoompanied by bid documents.


13A

7. Evaluation of bids is made according to provi

sions in the tender document.

8. The Making of Official Report on Auction Re

sults:

a. The procurement oommittee shall make a

oonclusion on the results of evaluation put

in an official report on auction results

(BAHP). BAHP contains auction results,

including evaluation method, formulas

used, until the rating of winners in the form

of list of tender partiCipants.

BAHP is signed by the chairman and all

members of the procurement oommittee

or at least by two-third of the members of

the procurement oommittee;

b. BAHP shall be kept oonfidential until the

signing of a oontract;

c. BAHP shall oontain the following matters:

1) Names of all tender participants and bid

ding prices and/or oorrected bidding

prices, of each tender participant;

2) Evaluation method used;

3) Formula used;

4) Other information oonsidered necessary

on matters related to the realization of

tender;

5) The date when official report is made

and the number of tender participants

qualified and disqualified at each phase

of evaluation;

6) The rating of tender participants with 1

(one) ofthem named as would-be win

ner and 2 (two) others as substitutes.

If none of bids meets qualifications,

BAHP shall carry a statement that pub

lic tender is declared as failing and a

repeat tender shall be called.

Ifonly 2 (two) tender participants meet

qualifications, one of them shall be

named as would-be winner and the

other 1 (one) as substitute. If only 1

(one) tender participant meets qualifi

cations, BAHP may carry a statement

that the public tender is declared as

failing and a repeat tender shall be

called or a statement that the bidder is

declared as a sole would-be bidder.

9. The Naming of Tender Winner

a. The procurement committee shall name

would-be tender winner based on the re

sults of evaluation;

b. The procurement committee shall make and

submit a report to the Minister/Head of

Institution/Head of Region to name a ten

derwinner.

The report shall be accompanied by pro

posal by would-be tender winner or other

information considered necessary as con

siderations to take a decision.

c. The Minister/Head ofInstitution/Head of

Region shall name a tender winner based

on proposal from the auction committee.

d. Supporting data needed to name a tender

winner are :

1) public tender documents, along with ad

dendum (if any);


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2) official report on the opening of bids

(BAPP);

3) official report on auction results (BAHP);

4) brief tender process and auction re

sults;

5) bid documents from would-be tender

winner and substitute would-be tender

winner signed by the procurement com

mittee and 2 (two) representatives of

tender participants;

6) in case of lateness in the naming of ten

der winner leading to the expiry of bids/

bid guaranty, confirmation shall be made

to all tender participants to extend their

bids and bid guaranty. Would-be ten

der winners can withdraw their bids

without being liable to sanction.

10. Tha Naming of Sole Bidder

a. The procument committee shall name a

sole would-be bidder based on the results

of evalution;

b. The procurement committee shall make

and submit a report to the Minister/Head

ofInstitution/Head of Region to approve

negotiations with a sole would-be bidder;

c. The Minister/Head ofInstitution/Head of

Region can either refuse or approve

negoations with a sole would-be bidder;

d. Supporting data needed to decide nego

tiations are:

1) public tender document, including ad

dendum (if any);

2) BAPP;

3} BAHP: ......

3} BAHP;

4} Summary of auction process and auc-

tion results;

5) Bid document from the sole would-be

bidder signed by the procurement

committee and representative of the

sole would-be bidder;

6} In case of lateness in deciding nego-

tiations with a sole would-be bidder

leading to the expiry of bid/bid guar-

anty, confirmation shall be made to

the sole would-be bidder to extend the

bid and bid guaranty. The sole would-

be bidder can withdraw a bid without

being liable to sanction;

7} If the Minister/Head of Institution/

Head of Region rejects approval to

hold negotiations, the procurement

process shall be repeated;

8} If the Minister/Head of Institution/

Head of Region approves negotia-

tiems, the procurement committee

shall hold negotiations with the sole

would-be bidder by referring to pub-

lic tender document. The procurement

ClOI1Imittee shall make an oflidal report

on negotiation results (BAHN);

9} The procurement committee shall

make and submit BAHN and other in-

formation to the Minister/Head ofln-

stitutlon/Head of Region to decide a

sole bidder;


15A

10}the Minister/Head of Institution/ Head

of Region shall decide a sole bidder.

11. Tender winner or sole bidder named as a ten

der winner or sole bidder shall be announced

and notified by the procurement committee

to tender participants no later than 2 (two)

work days after receiving a letter naming

tender winner or sole bidder from the Minis

ter /Head of Institution/Head of Region.

12. Objections of Tender Participants

a. Tender participants having an objection

to the naming of tender winner or sole

bidder are given a chance to lodge ob

jections in writing no later the adequate

period of time.

b. The objection shall be filed to the Minis

ter /Head of Institution/Head of Region,

accompanied by evidence of irregularties.

c. The objection is filed by auction partici

pants, either individually or jointly with

other tender participants.

13. The issuance of Decision Naming Tender Win-

ner

a. the Minister/Head oflnstitution/Head of

Region shall Issue a dedsion naming a ten

der winner as the executor of coopera

tion project, on condition:

1} There 15 no objection from tender par

ticipants; or

2} The objection received by the autho

rized official during the period of ob

jection turns out to be wrong, or the

objection is received after the period

of objection has passed.

b. The .....

16A "

b. The tender participant named as a ten- e. If the second-seeded would-be tender

der winner shall accept the decision. If winner also withdraws a bid, the third-

the tender participant withdraws a bid seeded would-be tender winner (if afty)

and the period of the bid is still valid the can be named a tender winner, on condi-

withdrawal can only be made based on tion:

the reason acceptable objectively to the 1) the naming ofthe tender winner shall.

Minister/Head of Institution/Head of Re- secure prior approval from the Minis-

gion, on condition that bid guaranty of ter/Head of Institution/Head of Re-

auction participants become state prop- gion;

erty. 2) the period of the third-seeded would-

c. If the tender winner withdraws bid for un-be tender winneF's bid is still valid or·

acceptable reasons while the period of the has been extended;

bid is still valid, the bid guaranty of the 3) the bid guaranty of the second-seeded

tender winner will become state property tender winner becomes state prop-

and the tender winner is also liable to erty;

sanctions in the form of a ban to follow 4) If the second-seeded would-be tender

public tender activities for cooperation -winner withdraws a bid for unaccept-

project for 2 (two) years. able reasons it shall be liable to sanc-

d. Ifthe first-seeded tender winner named

as a tender winner withdraws a bid, the tions as referred to in point 13c above.

f. If the third-seeded would-be tender win-second-seeded tender winner (if any) can

be named as a tender winner on condi-nerwithdraws a bid for unacceptable rea-

tion: sons it shall be liable to sanctions as re-

1) the naming of the second-seeded ten-ferred to in point 13c above. The procure-

der winner shall secure prior approval ment committee shall later call a repeat

from the Minister/Head of Institution/ tender on condition the bid guaranty of

Head of Region; the third-seeded would-be tender winner

2) the period of the second-seeded becomes state property.

would-be tender winner's bid is still g. Decision on the naming of tender win-

valid or has been extended. ner shall be made no later than 5 (five)

Business News 7946/4-23-2010 working .......

working days after the naming of tender

winner has been announced and shll be

immediately issued to the tender winner.

h. One of the copies of decision on the nam

ing of tender winner shall be submitted

(without attachment to the agreement/

contract) at least to the internal audit unit.

14.The Issuance of Decision on the Naming of Sole

Bidder

a. The Minister/Head oflnstitution/Head of

Region shall issue a decision on the nam

ing of sole bidder as the executor of coop

eration project, on condition:

1) there is no objection from tender par

ticipants; or

2) The complaint accepted by the autho

rized official during a period of com

plaints proves wrong or the complaints

are received after the period of com

plaints has passed.

b. The sole bidder named as the executor of

cooperation project shall accept the. decl

sion.Ifthe sole bidder withdraws a bid and

the period of the bid is still valid the with

drawal can only be done based on reasons

acceptable objectively to the Minister/

Head of Institution/Head of Region, on

condition the bid guaranty of the sole bid

der becomes state property.


17A

c. If the sole bidder withdraws a bid for un

acceptable reasons and the period of the

bid is still valid the bid guaranty of the

sole bidder shall become state property

and the sole bidder shall also be liable to

sanctions in the form of a ban to follow a

public tender for cooperation projects for

2 (two) years.

d. If the sole bidder withdraws a bid the pro

curement committee can call a repeat

tender.

e. DecIsion on the naming ofsole bidder shall

be made no later than 5 (five) working

days after the naming of sole bidder is

announced and shall immediately be sent

to the sole bidder.

f. One of the copies of the decision on the

naming of sole bidder shall be sent (with

out attachment to an agreement/con

tract) at least to the internal supervisiory

unit.

THEPRESIDENTOFTHE REPUBllCOFINDONESIA.

sgd.

DR. H. SUSILO BAMBANG YUOHOYONO

-===( S )===-

Perpres 13 Tahun 2010

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Transcript of Perpres 13 Tahun 2010