Section IX.

FORM OF CONTRACT

A. FORM OF LETTER OF AGREEMENT

LETTER OF AGREEMENT

Procurement of IT Equipment to support Digital Forensics and Forensic

Analytics
Number: __________

This LETTER OF AGREEMENT including all annexes (hereinafter called

“Contract”) is drawn up and signed in Jakarta on the day ..................... date
............. month .............. year ................... between .................................... as
Commitment-making Official, acting for and on behalf of Badan Pengawasan
Keuangan dan Pembangunan (BPKP), domiciled at Secretariat PMU Gedung
BPKP Pusat lantai 1, Jl. Pramuka No.33 Jakarta 13120, pursuant to Sekretaris
Utama BPKP Decree No ................................. (hereinafter called “PPK”) and
..........................., .........................., who is acting for and on behalf of
...................., domiciled at
.....................................................................................................................,
pursuant to Notarial Certificate No. ..., date ..........., ...... issued by Notary
.......................................... (hereinafter called “Supplier”).

ONSIDERING THAT:

(a) PPK has requested the Supplier to perform the supply as described in the
General Conditions of Contract which is attached to this Contract
(hereinafter referred to as “Procurement of Goods”);

(b) The Supplier, as declared to the PPK, has professional skills, personnel,
and technical resources, and has agreed to perform the works in
accordance with the terms and conditions of this Contract;

(c) The PPK and Supplier declare that they are authorized to sign this
Contract, and bind the parties that they represent;

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(d) The PPK and Supplier acknowledge and declare that regarding the
signing of this Contract, each represented Party:

1) has and always be granted the opportunity of being accompanied by

a lawyer;

2) shall sign the Contract after properly examining it;

3) has read and fully comprehends the provisions in this Contract;

4) has been given adequate opportunity to examine and confirm all

provisions of the Contract as well as all relevant facts and conditions.

THEREFORE, the PPK and Supplier hereby agree and approve the following:

1. the total Contract Price or Contract Value is IDR....................................., -

(................................................................................................................
rupiah);

2. the terminology and expressions in this Letter of Agreement shall have the
same meaning as the same terminology and expressions in annexes of the
Contract;

3. The following documents constitute a whole and inseparable part of this

Contract:

a. Addendum to the Letter of Agreement;

b. Contract Agreement;
c. Supplier’s Bid;
d. List of quantities and prices (if any)
e. Conditions of Contract;
f. General Conditions of Contract;
g. Specifications;
h. General Specifications;
i. Drawings; and
j. Other documents, such as: securities, SPPBJ, Minutes of Bid Result
(BAHP), Minutes of Pre-Bid Meeting (BAPP).
4. The Contract Documents are made to clarify each other and in the event,
there is contravention between the provisions in one document and the
provisions of another document, then the provisions in the document which
has a higher position in the hierarchy listed in point (3) above shall prevail;

5. The reciprocal rights and obligations of the PPK and Supplier are stated in
the Contract which includes specifically that:

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 a. PPK has rights and obligations to:

1) supervise and examine the supply performed by the Supplier;

2) request regular progress reports for the supply performed by the

Supplier;

3) provide facilities in form of resources and infrastructure needed by

the Supplier for the smoothness of supply performance as
specified in the Contract;

4) pay the supply performance in accordance with the price as

specified in the Contract and determined by the Supplier;

b. The Supplier has rights and obligations to:

1) receive payments for the supply implementation in accordance

with the prices as specified in the Contract;

2) request for facilities in form of resources and infrastructures from

PPK for the smoothness of the supply implementation as specified
in the Contract;

3) report regularly to PPK the progress of supply implementation;

4) implement and finalize the supply accordance to implementation

schedules as specified in the Contract;

5) implement and finalize the supply precisely, accurately and with

full responsibility by providing personnel, materials, equipment,
transportations to or from the supply site, and all permanent or
temporarily work needed to implement, finalize, and rehabilitate
the works as detailed in the Contract;

6) provide information needed for supply monitoring as carried out by

PPK;

7) deliver the goods accordance to delivery schedule as specified in

the Contract;

8) take adequate steps to protect the environment of work site and

limit the damage and disturbance to community and its property
due to Supplier’s activities.

6. This Contract shall become effective as of the date set forth in General
Conditions/Particular Conditions of Contract with the date of
commencement and date of completion of all the work as specified in the
General Conditions/Particular Conditions of Contract.

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IN WITNESS WHEREOF, the PPK and the Supplier herewith agree to sign this
Contract on the above-mentioned date and to execute this Contract in
accordance with the prevailing laws and regulations in the Republic of Indonesia.

For and on behalf of For and on behalf of

Badan Pengawasan Keuangan dan ..............................................
Pembangunan (BPKP)

.............................................. ...............................
Commitment-making Official/PPK ..............................................

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SECTION X. GENERAL CONDITIONS OF CONTRACT
(GCC)

A. General Provisions
1. Definition All provisions used in this General Conditions of
Contract shall have meanings and interpretations
as follows:

1.1 Goods is all objects either tangible or

intangible, active, or inactive, trade-able,
wearable, useable or be utilized by the
User.

1.2 Budget User hereinafter BU (PA) is the

official who holds authorization for budget
utilization of K/L/SKPD or equated
Officials in other government institutions
as State/Regional Budget Users.

1.3 Authorized Budget User hereinafter

ABU or (KPA) is official who assigned by
BU to use State Budget or assigned by
Head of Regional Government to use
Regional Budget.

1.4 Commitment-Making Official

hereinafter PPK is official who
responsible for implementation of
procurement for works/construction.

1.5 Committee/Recipient Official of the

Work is committee/official determined by
BU/ABU who is assigned to examine and
accept the work result.

1.6 Government Internal Control

Apparatus or internal controller to
other Institution hereinafter APIP is
apparatus who performs control through
audit, review, evaluation, monitoring and
other control activities to organization
service and function management.

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1.7 Supplier is a business entity or an
individual who provides goods supply.

1.8 Guarantee Letter Hereinafter Security is

written guarantee which is unconditionally
and liquid able, issued by Commercial
Bank which is provided by the bidder to
PPK/WG/PSU to secure the compliance
of bidder’s obligation.

1.9 Contract of Procurement of Goods

Hereinafter Contract is a written
agreement between PPK and the
Supplier, which includes this General
Conditions of Contract (GCC) and
Conditions of Contract (PCC) as well as
other documents as part of the Contract.

1.10 Contract Value is the total price as

specified in the Contract.

1.11 Day is calendar day.

1.12 List of Quantities and Prices (price

details) is list of quantity with unit price
and total cost, which is part of the bid.

1.13 Owner’s Estimate (OE) is the calculation

of the work cost estimate prepared by
PPK, calculated by the respective expert
based on accountable data, and used by
WG/PSU to evaluate the reasonably
price, including its details.

1.14 Major works is type of work which is

directly supports the development and
functioning of the goods according to its
designation as specified in BDS.

1.15 Implementation Schedule is schedule

indicating time needed to finalize the
supply, consists of implementation stage
that is logically and realistically arranged,
and implement-able.

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 1.16 Contract Period is the period of validity
of this Contract from the date of contract
signing to the end of maintenance period.

1.17 Commencement Date is the date when

the Supplier shall commence execution of
the supply as specified in NTP (SPMK),
issued by PPK.

1.18 Completion Date is the date of first

handover of completed supply, specified
in the Minutes of first handover of the
supply as issued by PPK.

1.19 Final Destination is the location as

specified Conditions of Contract and a
place when the Goods will be used by the
PPK.

1.20 Delivery/Shipping Destination is the

place where the obligation to deliver the
Goods by the Supplier is completed
according to the delivery terminology
used.

2. Application The General Conditions of Contract (GCC) are

applied extensively in the procurement of Goods,
but shall not be in contravention with the
provisions in other Contract Documents that have
a higher position in the hierarchy in the Letter of
Agreement.

3. Governing Law and 3.1 The contract language shall be in

Language Indonesian Language, except for foreign
loan/grant applies Indonesian Language
and English language.

3.2 The governing law is the law applies in

Indonesia, except for foreign loan/grant
program applies the law valid in Indonesia
or the law valid in the lender country

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 (depend on agreement between the
Government and lender).

4. Corruption, Collusion, 4.1 Pursuant to the ethics of Public

Nepotism (CNN), and Procurement for Goods/ Services, it is
Fraud prohibited to:

4.1.1 offering, accepting, or promising

to give or to accept a gift or any
form of compensation or other
attempt to influence anyone who
is known to be or rightfully
suspected of relating to the
procurement of the Works;

4.1.2 setting up and/or submitting

incorrect or inaccurate documents
and/or other information required
to arrange and execute this
Contract.

4.2 The Supplier guarantees that the

respective (including all members of
Partnership/Joint Operation if the Supplier
is in form of Partnership/Joint Operation)
and its sub-suppliers (if any) have never
and shall never violate the above
prohibitions.

4.3 The Supplier who, according to the PPK is

proven to have violated the above
prohibitions, shall be subject to
administrative sanctions imposed by the
PPK as follows:

4.3.1 termination of the Contract;

4.3.2 the Performance Security is

liquidated and deposited to as
specified in PCC; and

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 4.3.3 the remaining advance payment
must be settled in full by the
Supplier; and

4.3.4 the Supplier shall be blacklisted.

4.4 The imposing of administrative sanction

mentioned above shall be reported by the
PPK to K/L/SKPD.

4.5 The PPK who is involved in CCN and

fraudulent practices shall be sanctioned
pursuant to the respective governing law.

5 Origin of the Goods 5.1 The Supplier shall provide information on

the country origin of material resources,
consisting of detail domestic, and imported
goods.

5.2 The term “country of origin” means the

country where the goods have been
mined, grown, cultivated, produced,
manufactured, or processed; or through
manufacture, processing, or assembly,
another commercially recognized article
results that differs substantially in its basic
characteristics from its imported
components.

5.3 The nationality of the firm that produces,

assembles, distributes, or sells the goods
shall not determine their origin.

6 Correspondence 6.1 All correspondences may be in forms of

letter, email and/or facsimile, with the
address of respective party as specified in
PCC.

6.2 All notices, requests, or approvals based

on this Contract must be made in writing in
the Indonesian language, and shall be
considered as having been delivered if
handed directly to the authorized
representative of the respective Parties as
specified in GCC, or if sent by registered

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 mail and/or facsimile to the address as
specified in the PCC.

7 Authorized Any actions that are required or allowed to

Representatives perform, and any documents that are required or
allowed to draw up under this Contract by the PPK
or Supplier, can only be performed or drawn up by
the official specified in PCC. For individual
supplier, the Supplier cannot be represented by.

8 Accounting The Supplier is expected to keep accurate and

systematic financial records in respect of supply
implementation, in accordance with the applicable
accounting principles.

9 Taxes The Supplier, Sub-supplier (if any), and respective

Personnel shall be obliged to pay all taxes, excise,
duty, and other fees imposed by the applicable
laws on the execution of this Contract.

10 Diversion and/or Sub- 10.1 The Supplier shall be prohibited to divert

contracting part or this entire Contract. The diversion
of the entire Contract shall only be
permitted in the event of a change in name
of the Supplier, due to a merger or other
reasons.

10.2 The Supplier shall be prohibited to sub-

contract all the main supply in this
Contract.

10.3 The sub-contracting of a portion of the

main supply can be permitted only to a
specialist Supplier after obtaining written
approval from PPK. The Supplier shall
remain responsible for the portion of the
supply that is sub-contracted.

10.4 If the above provisions are violated, the

Contract shall be terminated and the
Supplier shall be sanctioned as governed
in PCC.

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11 Waiver The waiver by one Party towards the violation of
certain provision of the Contract by the other Party
shall not operate as a continuous waiver during
the period of the Contract, or immediately become
a waiver of any subsequent breach. A waiver shall
be binding only if it is made in writing and signed
by an Authorized Representative of the Party that
granting such waiver.

12 Independent Supplier The Supplier under this Contract shall be fully

responsible for the Personnel and Sub-supplier (if
any) and the works performed by them.

13 Supervision of Supply 13.1 During the supply implementation, if

Works deemed necessary the PPK may appoint
a Supervisor from PPK personnel or a
Supervision Consultant. The Supervisor
shall be obliged to oversee the supply
implementation.

13.2 In performing his obligations, the

Supervisor shall always act in the best
interests of the PPK. If it is specified in
PCC, the Supervisor may also act as the
Authorized Representative of the PPK.

B. Execution, Completion, Amendment, and Termination of the Contract

14 Implementation Schedule 14.1 This Contract shall become effective on the
date of the Letter of Agreement signing by
the respective Parties.

14.2 Contract execution period is the period

determined in the condition of contract,
from the commencement date as specified
in the Notice to Proceed.

14.3 The Supplier shall complete the supply in

accordance with the schedule as specified
in PCC.

14.4 If the Supplier opines for not able to

complete the supply as schedule due to
circumstance beyond of its control, and the
Supplier has reported the incident to PPK,

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 then PPK can reschedule the Supplier’s
implementation schedule through contract
addendum.

B.1 Supply Performance

15 Scope of Supply The Goods to be procured shall be consistent with

the specifications and quantities list.

16 Standard The Supplier shall provide the Goods that comply

with the specification and standard as specified.

17 Joint Inspection 17.1 If needed, at the beginning of executing the

Contract, the PPK together with the
Supplier conduct an inspection of work site.

17.2 For this inspection, PA/PKA may form

Committee/Contract Implementation
Examiner Official proposed by PPK.

17.3 Result of joint inspection is recorded in a

Minutes of joint inspection. If the joint
inspection resulted in changes in the
contents of the Contract, then such
changes must be set forth in contract
addendum.

18 Packing The Supplier is obliged on its own responsibility to

provide such packing of the Goods as is required
to prevent the Goods from the risks of damage or
loss during transportation time or delivery process
from the origin place of the Goods to the Final
Destination.

19 Delivery 19.1 The Supplier is obliged to finalize the goods

delivery according to the delivery schedule.
Detail delivery document and other relevant
documents are governed in PCC.

19.2 For perishable and delicate goods, the

Supplier shall provide information in detail
the handling procedures.

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20 Insurance 20.1 The Supplier shall insure the goods to be
delivered according to the provision of
governing laws and provisions as specified
in PCC.

20.2 The Supplier shall insure the delivery of

goods according to the provision of
governing laws and provisions as specified
in PCC.

20.3 Insurance to the Good shall be continued to

the Final Destination, as specified in PCC.

20.4 The insurance beneficiary shall be clarified

in insurance document as specified in PCC.

20.5 All insurance coverage costs are included

in the contract price.

21 Transportation 21.1 The Supplier is responsible to arrange the

shipment of Goods (including loading and
storage) to the Shipping Destination.

21.2 Transportation for Goods shall be

continued to the Final Destination as
specified in PCC.

21.3 All transportation costs (including loading

and storage) are included in the Contract
Price.

22 Risks All risks for damage or loss of the Goods to remain

on the Supplier and will not be transferred to PPK
up to the Final Destination.

23 Inspection and Testing 23.1 PPK preserves the right to conduct

inspection and testing upon the Goods to
ensure the consistency with the
specification and requirements as specified
in the contract.

23.2 The Supplier may conduct the inspection

and testing itself and witnessed by PPK or
is represented by the third party.

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 23.3 The inspection and testing is conducted as
governed in PCC.

23.4 The Supplier bears costs of inspection and

testing.

23.5 Inspection and testing is conducted at the

premises as specified in PCC, and
attended by PPK and/or the
Committee/Recipient Official of the Supply.
The Supplier is obliged to provide access to
PPK and/or the Committee/Recipient
Official of the Supply without any costs. If
the inspection and testing is conducted
outside the Final Destination the costs of
PPK and/or the Committee/ Recipient
Official of the Supply’s visit is born by PPK.

23.6 If the inspection and testing result is not

conforming with the type and quality of the
Goods as specified in the Contract, PPK
and/or Recipient Official of the Supply
preserved the right to reject the Goods and
the Supplier on its own costs is obliged to
correct or substitute the Goods.

23.7 Upon the inspection and testing

implementation that separate from handing
over the Goods, PPK and/or Recipient
Official of the Supply prepare minutes of
inspection, which is signed by PPK and/or
Recipient Official of the Supply and the
Supplier.

24 Trial 24.1 After the Goods are shipped, the Goods is

tested by the Supplier and witnessed by
PPK and/or Recipient Official of the Work
Outcome.

24.2 The trial outcome is recorded in the

minutes.

24.3 If the goods operation needs specific

expertise, training shall be conducted to

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 PPK by the Supplier, the training cost is
included in goods price.

24.4 If the trial outcome is not conforming with

the specification as specified in the
Contract, the Supplier corrects or
substitutes the Goods, which the Supplier
fully bears the cost.

25 Completion of the Supply 25.1 Unless the Contract is determined to be

earlier, the Supplier shall be obliged to
complete the supply at the latest on the
Date of Completion as specified in the
NTP.

25.2 If the supply is not completed on the Date

of Completion which is not due to Force
Majeure or any Compensation Event or the
fault or negligence of the Supplier, then the
Supplier shall be penalized.

25.3 If the above delay is due solely to a

Compensation Event then the PPK shall be
obliged to pay compensation. The penalty
or compensation shall not be imposed if
Date of Completion is extended, as agreed
upon by respective Parties.

25.4 The Date of Completion as meant in this

Clause is the date for the completion of all
works.

26 Handing Over the Goods 26.1 Upon the 100% (hundred percent)
completion of the supply, the Supplier shall
submit a written request to the PPK to hand
over the Goods.

26.2 Handing over of the Goods is conducted in

the premises as specified in PCC.

26.3 commissions the Committee/ Recipient

Official of the Supply to evaluate the supply
result.

26.4 The Committee/Recipient Official of the

Supply evaluates the completed Supplied.

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 If any inadequacy and/or Quality Defect is
discovered, the Supplier shall be obliged to
make the necessary correction/ repairs on
PPK’s instruction.

26.5 The Committee/Recipient Official of the

Supply is obliged to examine the
authenticity of the Goods identity document
and compare the consistency with detail
shipping documents.

26.6 If Goods identify is not consistent with detail

shipping document The
Committee/Recipient Official of the Supply
may directly request the Supplier to
conduct inspection and testing (if needed).

26.7 If the Goods are considered non-

conforming the Contract Requirement the
Committee/Recipient Official of the Supply
preserves the right to reject the Goods.

26.8 Upon the inspection and testing

implementation that separate from handing
over the Goods, PPK and/or the
Committee/Recipient Official of the Supply
prepare minutes of inspection, which is
signed by PPK and/or Recipient Official of
the Supply and the Supplier.

26.9 If the goods operation needs specific

expertise, the Supply is obliged to provide
training (if any) as specified in the Delivery
and Completion Schedule to PPK or other
party as appointed by PPK. The training
cost is included in goods price.

26.10 The Committee/Recipient Official of the

Supply conduct the Supply evaluation.

26.11 PPK receives the delivery of supply after:

26.12 All supply has been completed in according

to the Contract provisions and received by

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 the Committee/Recipient Official of the
Supply; and

26.13 The Supplier submits the guarantee

certificated to PPK (if needed).

26.14 If the Goods is not delivered in accordance

with the Delivery Schedule and not
because of Force Majeure or the Supplier’s
mistake or negligence, the Supplier is
imposed delay penalty.

B.2 Guarantee and Additional Services

27 Guarantee of Quality 27.1 The Supplier with manufacturer’s

Defect Free/Warranty
guarantee from producer (if any) is obliged
to guarantee that during the normal use by
PPK, the Equipment will not contain quality
defect due to the Supplier negligence, or
quality defect due to design, material, and
manufacture procedure.

27.2 The guarantee for quality defect free is valid

for 36 months after the handing over of the
goods and other validity period as
determined in PCC.

27.3 PPK will notify the quality defect

immediately to the Supplier after the quality
defect is found within the Warranty/After-
Sales Service Guarantee period.

27.4 Upon the notification of quality defect from

PPK, the Supplier is obliged to correct or
substitute the Goods within the period as
specified in the notification.

27.5 If the Supplier does not correct or substitute

the Goods of quality defect within the
specified period, the PPK will calculate the
correction costs needed, and PPK directly
or through the third party appointed by PPK
will do the correction. The Supplier is
obliged to pay for the correction or

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 substitution costs according to the claim
submitted by PPK. The cost can be
reduced by PPK from the valued of billing
or performance security of the Supplier.

27.6 Irrespectively the obligation of cost

compensation, PPK can declare the
Supplier who neglects to correct the quality
defect into the blacklist.

B.3 Contract Addendum

28 Contract Addendum 28.1 The Contract may only be modified through

a contract addendum.

28.2 The Contract addendum is implemented

only if it’s agreeable by the respective
parties, including:

28.2.1 change of supply due to something

that delivered by the respective
parties in the contract that alter
scope of supply in the contract;

28.2.2 change in the supply implementation

schedule due to changes in scope of
the supply;

28.2.3 change in contract price due to

change in supply implementation
and/or price adjustments.

28.3 For the benefit of contract addendum,

PA/KPA may form a Committee/ Examiner
Official of Contract Implementation as
proposed by PPK.

29 Change of Scope of 29.1 If there is a significant discrepancy between

Supply site condition at the time of implementation
and the drawings and specifications
determined in the Contract Document, the
PPK and the Supplier may alter the
contract, including the following:

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 29.1.1 add or reduce the supply volume as
specified in the contract;

29.1.2 reduce or add type of goods;

29.1.3 change the technical specification

and drawings in accordance with the
site condition; and/or

29.1.4 perform additional assignment that is

not specified in the contract but
needed to finalize the entire supply.

29.2 Additional supply shall consider the budget

availability, and the maximum 10% (ten per
cent) from the original contract value.

29.3 Instruction for alteration is made by PPK in

writing to the Supplier, and is continued by
technical and price negotiations by referring
to the provisions as specified in the original
contract.

29.4 The negotiation result is recorded in

minutes of negotiation as the basis to
prepare contract addendum.

30 Extension in 30.1 The extension of supply implementation is

Implementation Schedules furnished by PPK on the reasonable
consideration as follows:

30.1.1 additional assignment;

30.1.2 design adjustment;

30.1.3 delay due to PPK;

30.1.4 problems occurred beyond the

Supplier’s control; and/or;

30.1.5 force majeure.

30.2 The intended supply completion may be

extended at least the same as the time of
contract interruption due to force majeure
or as needed to finalize the supply as
specified in Clause 30.1.

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 30.3 PPK may agree to extend the
implementation period on the contract after
examining the written proposal submitted
by the Supplier.

30.4 PPK may assign the Committee/Recipient

Official of the Supply to examine the
appropriateness of proposal to extend the
implementation period.

30.5 Approval of extension of implementation

period is recorded in Contract Addendum.

B.4 Force Majeure

31 Definition 31.1 A situation which is undesired and beyond the

control of the Parties and unpredictable in
advance, that the duties and obligations under
this Contract cannot be fulfilled.

31.2 Force Majeure includes:

31.2.1 natural disaster;

31.2.2 non-natural disaster;
31.2.3 social disaster;
31.2.4 strike;
31.2.5 fire; and/or
31.2.6 other industrial disturbance as
determined in mutual decision of Finance
Minister and other respective technical
ministers.
31.3 Not included as a Force Majeure is the
detrimental conditions due to the Parties’ actions
and negligence.

31.4 The period determined in the Contract for

fulfillment of obligation of force majeure affected
party shall be extended at least the same as
period of contract interruption due to force
majeure.

31.5 During the force majeure, Contract is temporarily

discontinued until the end of force majeure, with

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 the provision that the Supplier reserves the right
to receive payment in accordance with the
performance or supply progress achievement. If
during the force majeure the PPK issues a
written order to the Supplier to continue the
possible work, the Supplier reserves the right to
receive the payment as specified in the Contract
and receives reasonable compensation fee as
the efforts made to supply in such situation. The
compensation fee is governed in a Contract
addendum.

32 Non-Breach of Contract 32.1 Failure of one of the Parties to fulfill its obligation
as specified in the Contract is not a breach of
contract or non-performance, if the incapability is
due to Force Majeure, and the affected Parties:

32.2 has taken all appropriate actions to fulfill its

obligations in the Contract; and

32.3 has notified in writing the other Party in the

Contract at the latest 14 (fourteen) days since
the occurrence of Force Majeure, by submitting
the statement of Force Majeure issued by the
authorized institution/party in accordance with
the governing laws.

32.4 Delay in procurement due to Force Majeure will

not be sanctioned.

33 Time Extension The time as specified in the Contract to fulfill the

obligation of Force Majeure-affected Party shall be
extended at least equal to the time of suspended
Contract due to Force Majeure.

34 Payment At the time the Force Majeure is occurred, the Contract

will be suspended temporarily until the Force Majeure
is finished, with the condition that the Supplier
preserves the right to receive payment according to the
procurement achievement. If during the Force Majeure,
PPK instruct in writing to the Supplier to continue the
possible supply, the Supplier preserves the right to
receive payment as specified in the Contract and
receive reasonable compensation cost according to the

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 efforts made to continue the procurement in such
conditions.

B.5 Discontinuation and Termination of Contract

35 Discontinuation and 35.1 Notwithstanding Clause 1266 and 1267 of the

Termination of Contract Civil Code, PPK may terminate the Contract
through a written notice to the Supplier after
the occurrence of the following:

35.1.1 the Supplier neglects/breach the

contract in implementing its obligation
and did not fix its negligence within a
predetermined period;

35.1.2 the Supplier fails to deliver the Goods

according to the Delivery and
Completion Schedules. The
termination may be made only to the
specific part from the procurement
which fails to deliver or complete. In
the event of termination, PPK with its
own procedures may obtain the Goods
supply, which fails to deliver or
complete. The Supplier is obliged to
compensate the cost margin (if any)
born by the PPK on the contract value
to supply the Goods. The Supplier is
remaining obliged to continue the
supply of other procurement in the
Contract, which is not discontinued;

35.1.3 the Supplier is in a state of bankruptcy;

35.1.4 the Supplier does not preserve the

validity of Performance Security;

35.1.5 the penalties for delay in supply

implementation has surpassed 5%
(five per cent) from the Contract value;
and/or

35.1.6 the allegation about procedure

deviation, CCN indications and/or

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 healthy competitive violations in
procurement process is declared valid
by the authorized government
institution

35.2 In the event of Contract termination is made

due to the Supplier’s default:

35.2.1 Performance Security is liquidated;

35.2.2 the remaining Advance Payment shall

be settled by the Supplier or the
Advance Payment Security is
liquidated;

35.2.3 the Supplier pays penalty; and/or

35.2.4 the Supplier is blacklisted.

36 Termination by the 36.1 Notwithstanding Clause 1266 and 1267 of the

Supplier Civil Code, the Supplier may terminate the
Contract through a written notice to the PPK,
if the PPK does not issue PO to payment the
installment bills according to the agreement
as specified in the PCC; or

36.2 In the event the Contract is terminated due to

PPK involvement in procedure deviation,
CCN and/or violation of healthy competitive
practices in the procurement process, the
PPK is sanctioned pursuant to the governing
laws.

37 Contract Termination The Contract is terminated due to completion of

supply or occurrence of Force Majeure.

38 Payment after If the contract is discontinued or terminated, PPK is

Discontinuation/Terminati obliged to pay the Supplier according to the supply
on achievement until the date of contract
discontinuation/termination.

95
B. Rights and Obligations of the Supplier

39 Rights and Obligations of Rights and obligations of the Supplier:

the Supplier
38.1 receive payments for the supply
implementation in accordance with the prices
as specified in the Contract;

38.2 rights to request for facilities in form of

resources and infrastructures from PPK for
the smoothness of the supply
implementation as specified in the Contract;

38.3 report regularly to PPK the progress of work

implementation;

38.4 implement and finalize the supply

accordance to implementation schedules as
specified in the Contract;

38.5 provide information needed for supply

examination by PPK;

38.6 deliver the supply accordance to supply

delivery schedule as specified in the
Contract;

38.7 take adequate steps to protect the

environment of the site and limit the damage
and disturbance to community and its
property due to Supplier’s activities.

40 Responsibility The Supplier is obliged to supply the Goods

according to the Scope of Supply, and Delivery and
Completion Schedules.

41 Use of Contract The Supplier shall be forbidden to use the Contract

Documents and Documents and information or other documents
Information related to the supplier for the interest of other party,

96
 such as technical specifications and/or drawings,
unless with the written consent from the PPK.

42 Intellectual Property The Supplier is obliged to protect the PPK from any
Rights formal accusation or claim from the third-party due
to the utilization of Intellectual Property Rights
(IPR).

43 Indemnity The Supplier shall be obliged to protect, release,

and unlimited indemnify the PPK against all forms
of charge, responsibility, obligation, liability, losses,
penalty, lawsuits, legal proceedings, and costs
charged to the PPK and its institution regarding
claims arising from the procurement of goods, which
are not in accordance with the Contract specification
and requirement upon the loss or damage of assets
and physical injury, illness, or death of a third party.

44 Supplier Activities That The Supplier is obliged to obtain prior written

Require Approval from approval from the PPK before conducting the
the PPK or the Supervisor following activities:
43.1 sub-contracting part of the procurement of
Goods;
43.2 changing or updating the quality program
43.3 other actions as specified in the PCC.
45 Security 45.1 The Performance Security is provided to the
PPK at the latest 14 (fourteen) days after the
issuance of the Letter of Appointment as
Supplier before the contract signing, with the
value of:

45.1.1 5% (five per cent) from the contract

value; or

45.1.2 5% (five per cent) from the Owner’s

Estimate (OE) for the bid that lower
than 80% (eighty per cent) from the
OE.

45.2 The validity period of Performance Security

is at least from the date of contract signing to
the handover of the goods.

97
 45.3 The Performance Security is returned after
the supply is certified 100% (hundred per
cent) completed and is replaced with the
guarantee certificate.

45.4 The Advance Payment Security is provided

to PPK for withdrawing an advance payment
of 100% (hundred per cent) from the
advance payment amount.

45.5 The value of Advance Payment Security may

be reduced proportionally according to the
performance achievement.

45.6 The validity of Advance Payment Security is

at least from the date of advance payment is
furnished to the date of hand over of the
goods.

45.7 The amount, form, and validity of above

securities is adjusted with the provisions in
the Procurement Document.

46 Report of Supply Result 46.1 Supply examination is conducted during the

contract execution to determine the volume
or activities that have been performed for the
payment of supply outcome. The supply
examination result is recorded in the supply
progress report.

46.2 For the benefits of control and supervision,

the realization report is prepared on all
supply activities.

46.3 Implementation report is prepared by the

supplier, if deemed necessary is reviewed by
the consultant and approved by PPK’s
deputy.

D. Rights and Obligations of the Commitment-making Official (PPK)

47 Rights and Obligations of Rights and obligations of PPK:

PPK

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 47.1 supervise and examine the supply being
performed by the Supplier;

47.2 request regular reports on the supply being

performed by the Supplier;

47.3 pay the work in accordance with the price as

specified in the contract for the Supplier; and

47.4 provide facilities in term of resource and

infrastructure needed by the Supplier for the
smoothness of supply implementation as
specified in the contract provisions

48 Facilities The PPK may provide facilities in forms of resource

and infrastructure or other facility (if any) that
specified in PCC for the smoothness of supply
performance.

49 Payments 49.1 Advance Payment

49.1.1 the advance payment is provided to

the Supplier to:

1) pay for down payment to the

good/material supplier; and/or

2) other technical preparation

needed for the implementation of
Procurement of Goods;

49.1.2 the amount of advance payment is

determined in PCC and paid after the
Supplier submits the Advance
Payment Security in the amount equal
to advance payment.

49.1.3 The Supplier shall submit a written

request to PPK to withdraw advance
payment, accompanied by schemes to
use the advance payment for supply
implementation in accordance to the
Contract;

49.1.4 The PPK shall issue a Payment Order

(PO) for the respective request in point
c above, at the latest 7 (seven) working

99
 days after the Advance Payment
Security is received.

49.1.5 The Advance Payment Security is

issued by commercial banks,
securities company, or General
Insurance company, which has license
to sell suretyship products as
determined by Minister of Finance of
Republic of Indonesia.

49.1.6 The repayment of the advance

payment shall be made in
proportionate installments in each
payment for the work progress
achievement and shall be settled at
the latest on the time when the work is
100% (hundred per cent) completed.

49.1.7 for multi-years contract, the value of

Advance Payment Security is
progressively reduced according to the
supply performance achievement.

49.2 Supply Performance

49.2.1 the payment for acceptable supply

performance is made by PPK, with the
following provisions:

1) the Supplier has submitted the

invoice together with the progress
report;

2) the payment is made by monthly,

installment or in full, as specified
in PPC;

3) the payment shall be reduced by

advance payment installment,
penalty (if any), taxes and
retention money; and

4) for the contract with sub-

contracting portion, the payment
request shall be furnished with

100
 proof of payment to all sub-
suppliers according to the supply
progress.

49.2.2 the final payment is only made after

the goods I received according to the
Minutes of hand over of the Goods and
if necessary is completed with the
minutes of testing result;

49.2.3 payment with L/C abides with the

general provision applied in the trading
sector;

49.2.4 the PPK, within 7 (seven) working

days after the submission of payment
request from the Supplier, shall have
issued a payment order to Signatory
Official of Payment Order (SOPO);

49.2.5 the discrepancy in the calculation of

installment will not be used as a
reason to delay the payment. The PPK
may request the Supplier to submit the
calculation of temporary performance
by overriding any dispute and amount
of billing that can be endorsed for
maximum payment according to the
PCC.

49.3 Penalty and Compensation

49.3.1 penalty is financial sanction implied to

the Supplier due to breach of
contract/default;

49.3.2 compensation is financial sanction

implied to the PPK due to breach of
contract/default;

49.3.3 the amount of penalty implied to the

Supplier on delay in work completion
for each day of delay are 1/1000 (one
per mill) from the contract balance

101
 which has not performed, if the
achieved work portion is functional

49.3.4 the amount of compensation paid by

the PPK due to late payment is the
amount of interest of invoice value
which is paid late, based on applicable
interest rate under Bank Indonesia
provision, or re-compensate provision;

49.3.5 penalty and compensation to the

respective parties is stated in the
contract addendum;

49.3.6 payment for penalty and

compensation is made by PPK, if the
Supplier submits invoices with
supporting calculation and data.

49.4 The accounts of the Supplier

All payments under this Contract shall be

made to the accounts of the Supplier
specified in the PCC.

50 Compensation Events 50.1 The Compensation Events may be granted

to the Supplier in the following
circumstances:

50.1.1 the PPK changes the schedule which

may affect the supply performance;

50.1.2 late payment to the Supplier;

50.1.3 the PPK does not provide drawings,

specifications and/or instruction
according to the needed schedule;

50.1.4 the PPK orders the Supplier to

conduct an additional test on the
Works, which after no damage/
defects/deviations are found;

50.1.5 the PPK orders postponement of work

implementation;

102
 50.2 If a Compensation Event results in additional
expenditure or a delay in completing the
supply, the PPK shall be obliged to pay
compensation and/or extend the time for
completion.

50.3 Compensation can be paid only if, based on

the compensation calculation and supporting
data submitted by the Supplier to the PPK
can prove the real loss caused by the
Compensation Event.

50.4 If the Compensation Events is occurred that

the supply will surpassed the Completion
Date, the Supplier preserves the right to
request the extension of Completion Date
based on supporting documents. The
Extension shall be made through contract
addendum if the extension changes the
Contract Duration.

50.5 The Supplier is not eligible for compensation

and/or extension of intended completion time
if the Supplier fails/neglects to provide early
warning in anticipating or resolving the
impact of Compensation Event.

51 Contract Price 51.1 The PPK pays the Suppliers pursuant to the
supply implementation for the contract price.

51.2 The contract price has calculated profit, and

overhead.

51.3 The contract price detail is in accordance

with the detail as specified in the list of
quantities and prices.

51.4 The Contract price is fixed and is set forth in

the PCC. The Contract price breakdown is
provided in Appendix B

52 Deferred Payment 52.1 The PPK may defer the payment of each
installment for work completed by the

103
 Supplier if the Supplier fails or neglects to
meet its contractual obligations.

52.2 The PPK in writing notifies the Supplier on

deferred payment right, with clear reasons
for deferring payment. The Supplier is
providing opportunity to remedy it in specific
period.

52.3 Such deferred payment shall be in

accordance with the proportion of failure or
negligence of the Supplier.

52.4 If deemed necessary by the PPK, the

deferral in payment can be made at the same
time as the imposition of penalty to the
Supplier.

53 Supervision and PPK is authorized to supervise and examine the

Examination supply implementation carried out by the Supplier. If
needed, the PPK may instruct the third party to
conduct supervision and examination upon all supply
implementation by the Supplier.

E. Settlement of Dispute

54 Settlement of Dispute The procedures for dispute or disagreement

settlement between the parties in the Contract can
be reached through dialogue, arbitrary, mediation,
conciliation, or court according to the provision of
governing laws.

55 Good Faith 55.1 The parties act based on principle of mutual

trust adapted to the rights stated in the
contract.

55.2 The parties agree to implement the

agreement sincerely without emphasizing
each interest. If, during the contract, one
party perceives of being disadvantaged, then
the best attempt is pursued to resolve the
condition.

104
SECTION XI. CONDITIONS OF CONTRACT (PCC)

1. Definition 1.1 The Authorization Budget User (KPA) is the

Official holds authorization to use the budget
in Biro Umum
1.2 Final Destination is Biro Umum, Gedung
BPKP Pusat lantai 1, Jl. Pramuka No.33
Jakarta 13120.

4. Corruption, Collusion, Liquidation of Security

Nepotism (CNN), and The Security is liquidated and deposited to State
Fraud Treasury

6. Correspondence Address of the Parties:

Work Unit of PPK :
Name : Badan Pengawasan Keuangan dan
Pembangunan
Address: Biro Umum, Gedung BPKP Pusat lantai
1, Jl. Pramuka No.33 Jakarta 13120.
Website: http://www.bpkp.go.id
Email:
Facsimile: 021-85910208

Supplier:
Name: ........................................
Address: .............................................................
.............................................................

105
 .............................................................
Email: ...........................................................
Facsimile: .......................

7. Authorized The authorized representatives of the Parties are:

Representatives of the
Parties
For the PPK: ....................................

For the Supplier: .............................

11. Diversion and/or Sub- Violation of the provisions of diversion and/or

contracting subcontracting will be sanctioned in accordance
with applicable regulations and the supplier will be
blacklisted

14. Implementation Schedule This Contract shall become effective from:

........................... to ..........................

The Supplier must complete the work as long as:

...... (.................................) calendar day
67.2
19. Shipment/Delivery The supplier should submit document of detail
shipment/delivery and other relevant documents
which are similar to Product Warranty Card.

The above documents shall be received by the PPK

before the handing over of the Goods. If the
documents are not received by the PKK, the
Supplier is responsible on any costs occurred.

20. Insurance The insurance coverage for the Goods shall be

provided up to the Final Destination: Biro Umum,
Kantor Pusat BPKP lantai 1, Jalan Pramuka No 33
Jakarta 13120.

106
21. Transportation
23. Inspection and Testing
25. Handing Over
27. Guarantee of Quality
Detect Free/Warranty
The Goods shall be shipped to the Final
Destination: BPKP Representative Office,.
The inspection and testing implementation
includes:
a. Technical specification
b. Operation of the device
c. Quantity
The inspection and testing is implemented in BPKP
Representative Office, .
Handing over is conducted in: BPKP
Representative Office,
a. Period of Quality Defect Warranty
/Guarantee is:
• The supplier/vendor is required to
provide various matters that allow the
supplier/vendor to provide technical
support for both spare parts and service
for 5 years to any problems arising after
the handover date.
• The supplier/vendor is required to
provide a "Statement of Ability" for
maintenance guarantee and a "Letter of
Support" supported by the
Principal/Distributor of the product
concerned at the time of submitting the
offer.
• The supplier/vendor is required to
provide a "Statement of Ability" for
maintenance guarantee and a "Letter of
Support" supported by the
Principal/Distributor of the product
concerned at the time of submitting the
offer.
• BPKP (in this case represented by Biro
Umum) does not require that every
problem must be directly escalated to
107
 the Principal. Therefore, the
supplier/vendor must be able and
prepare competent personnel along
with backup devices (if needed to be
replaced) in the supplier/vendor's office
during the maintenance period of 5
years. The availability of the amount of
power and backup of the device is left
to the supplier/vendor. More important
for BPKP is the availability of these
personnel and devices in case of
problems that require immediate
handling.

• Detail requirement of warranty as stated

in technical specification
b. The after-sales services apply according to
the type of goods listed in the TOR

44. Supplier Activity Other activity by the Supplier that requires approval
requiring Approval from from the PPK is changing specifications and Time
the PPK schedule.

49. Payments The agreed deadline to issue PO by PKK for

payment of installment invoices is 7 (seven)
calendar days since the acceptable invoice and its
supporting documents are received by the PPK.
49.1 Advance Payment
This Procurement of Goods may receive
advance payment (NO).
49.2 Supply Performance
49.2.1 Payment for supply performance shall
be made in the installment method

49.2.2 The payment by the above method

shall be made on the following
conditions:

108
 a. The 1st payment is 50% of the
contract value or IDR .....................
(…...................................... rupiah)
after the deliverable is 70% based
on the acceptable contract value
and work completed according the
first hand over minute (BAST).
b. The final payment is 50% of the
contract value or IDR .....................
(.......................................... rupiah)
after the deliverable is 100% based
on the acceptable contract value
and work completed according the
first hand over minute (BAST).
49.2.3 The supporting documents required in
submitting an invoice for payment of
work performance:
a. Progress Report
b. Minute of Handover
c. Minute of Payments signed by
both parties
d. Payment receipt
e. Other required documents
49.2.4 The accounts are ................................
Bank Name :
Bank Address :
Account Number:

51. Contract Price a. Contract of this procurement of goods is

financed from fund source of Loan ADB 3872
INO.
b. Physical Value of the contract is:
IDR.............................. (.................................
............................ Indonesian rupiah)
Both of VAT and Income Tax are borne by the
Government. It is in accordance with the
provision PP 25 / 2001

109
54. Settlement of Dispute If dispute of the Parties on the Contract
implementation cannot be settled amicably, the
Parties determines the following dispute settlement
bodies as the Arbitrator:
“All disputes occurred from this Contract shall be
settled and decided by the Indonesia National
Arbitration Board (BANI) in accordance with the
administrative rules and procedures of arbitration
applied by BANI, and the decision shall be binding
to both dispute Parties as a decision at first and last
degree. The Parties agree that there will be 3
(three) arbitrators. Each Party must appoint one
arbitrator and both arbitrators appointed by the
Parties shall further choose a third arbitrator who
will act as the lead arbitrator.”

110
Annex A – Particular Conditions of Contract

- Sub suppliers appointed: [state the name of the Sub supplier (if any) and
description of the detail personnel]

111
Section XII. TECHNICAL SPECIFICATION AND
DRAWINGS

Total number of PC for Package 2: 865 units with technical specification as

shown in Table

No Item Technical Specification

1 Form Factor All In One PC

2 Processor 8 cores, 16 threads, max frequency 4.8GHz

FHD
3 Display
min 23 inch

4 Graphics Integrated Graphic Card or equivalent

5 Memory RAM 16 GB

6 Storage SSD 1 TB

7 Audio HW & SW Built in Speaker and Mic

2 x USB 3.0

8 I/O Ports and Slots 2 x USB 2.0

HDMI, 3.5mm jack

9 Connectivity Bluetooth 5, Wifi 6, RJ45

10 Others Camera 720P, WL Keyboard and Mouse

5 years Authorized Warranty

11 Authorized Warranty
Principal's after sales service guarantee

12 Pre-installed Antivirus N/A

Pre-installed Windows 10 Pro free upgraded 11

13 Pre-installed Windows
Pro

Pre-installed Microsoft
14 Pre-installed Office (authorized) OEM Lifetime
Office

Note:
The final destination of these equipments in BPKP Representative Office

112
Section XIII. LIST OF QUANTITIES AND PRICES

Unit Price Grand Total

No Description Qty
IDR IDR
PC
1
Installation
2
Configuration
3 865
Testing/Commisioning
4
Distribution/Delivery
5

Total

Description (For Lump Sum Contract)

1. List of Quantities and Prices shall be read according to the Instruction to

the Bidder, General Condition of Contract (GCC) and Condition of Contract
(PCC), Technical Specification and Drawings.
2. Payment to supply progress is made against supply performed according
to the provisions in GCC and PCC.
3. Price in List of Quantities and Prices has included costs of all works,
personnel, supervision, materials, maintenance, insurance, profit, taxes,
duties, benefits, overhead and all risks, responsibilities, and obligations that
governed in the Contract.
4. The price shall be specified for each payment item, regardless of whether
the quantity is not specified. If the Supplier neglects to specify the price for
a good item, then the good is assumed has included in the price of other
payment item in the List of Quantities and Prices.
5. All costs incurred to fulfill the Contract provision shall be assumed to be
included in each payment item, and if the respective payment item is not
included the respective cost shall be assumed to be included in the price of
the respective payment item.
6. WG/PSU will do arithmetical correction to the supply volume according to
the one specified in the Bidding Document.

113
 List 1: General Payment Items1

No. Description of Unit of Quantity Unit Total

Supply Measure
Price Price2

Total of List 1

(transfer total price to the Recapitulation List)

1 General Payment Item contains details of the general supply components.

2 All prices type in the List of Quantities and Prices are prices before VAT (Value Added Tax).

114
 List 2: Payment Items in Main Supply: __________3

No. Description of Unit of Quantity Unit Total Price4

Supply Measure Price

Total of List 2

(transfer total price to the Recapitulation List)

3 Specify the Payment Items for the Main Supply to be a major item from this Goods package
among the other goods.

4 All prices in the List of Quantities and Prices are prices before VAT (Value Added Tax).

115
 List 3: Payment Item __________5

No. Description of Unit of Quantity Unit Total Price6

Supply Measure Price

Total of List 3

(transfer total price to the Recapitulation List)

5 Specify Payment Items for Other Goods besides the goods described in the Payment Items
for Main Goods, if there is more than one type of goods.

6 All prices in the List of Quantities and Prices are prices before VAT (Value Added Tax).

116