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
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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
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."
6. Article 14 shall be amended so that it reads as
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
4A
(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."
10. Article 20 shall be amended so that it reads as
follows:
"Article 20
The procedure of procurement as referred to in
Article 18 shall cover:
Business News 7946/4-23-2010
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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
Business News 7946/4-23-2010
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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
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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 t h ~ 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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9A
. 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. t h e \ ~ e l 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;
Business News 7946/4-23-2010
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 ~ s s i n g
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
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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;
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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 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;
12A
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
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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.
Business News 7946/4-23-2010
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);
Business News 7946/4-23-2010
14A
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;
Business News 7946/4-23-2010
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.
Business News 7946/4-23-2010
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 )===-