Unofficial English Translation

NATIONAL CATALOGUE CONTRACT

Procurement of Office Electronic Equipment Catalogue and Supporting Equipment

(Principal/Distributor/Agent)

Number : Year 2021

This Contract for the National Catalogue of Office Electronic Equipment and Supporting
Equipment (hereinafter referred to as the "Contract") is drawn up and signed in Jakarta, on
Tuesday the twenty-third of November two thousand and twenty-one [23-11-2021] between:

1. GATOT PAMBUDHI POETRANTO, as the Deputy for Monitoring, Evaluation and Information
System Development, acting for and on behalf of the Government Goods/Services
Procurement Policy Institution pursuant to the Decree of the Head of the Government
Goods/Services Procurement Policy Institution Number 132 of 2021 concerning the Granting
of Mandates Duties and Authorities in the Operation of Online Stores and Electronic
Catalogue, domiciled in South Jakarta, hereinafter referred to as "the FIRST PARTY" and

2. BUDI JANTO, as President Director and DICK BAHAR, as Director acting for and on behalf of
PT Lenovo Indonesia domiciled in Central Jakarta pursuant to the Deed of
Establishment/Articles of Association Number 44 dated 15 April 2011 and the latest
Amendment Deed Number 41 dated 18 March 2021, hereinafter referred to as the “SECOND
PARTY”.

CONSIDERING THAT:

The FIRST PARTY and the SECOND PARTY hereinafter collectively in this Contract referred to
as the PARTIES explain in advance that:

(a) In connection with the promulgation of Presidential Regulation Number 12 of 2021

concerning Amendments to Presidential Regulation Number 16 of 2018 concerning
Procurement of Government Goods/Services;
(b) In connection with the promulgation of Government Goods/Services Procurement Policy
Agency Regulation Number 9 of 2021 concerning Online Stores and Electronic Catalogues in
Government Procurement of Goods/Services;
(c) In connection with the stipulation of the Decree of the Head of the Government of the
Republic of Indonesia's Goods/Services Procurement Policy Institute Number 132 of 2021
concerning the Granting of Mandates of Duties and Authorities in the Operation of Online
Stores and Electronic Catalogues;
(d) In connection with the enactment of the Decree of the Deputy for Monitoring-Evaluation and
Information System Development Number 11 of 2021 concerning Procedures for the
Implementation of Electronic Catalogues;
(e) In connection with the selection process for the Principal/Distributor/Agent for the Provision
of Office Electronic Equipment and Supporting Equipment in accordance with the selection
document Number 06/POKJAPEP2020/10/2020 dated October 12, 2020 and its
amendments;

(f) THE SECOND PARTY has been appointed as the Principal/Distributor/Agent for the Supply
of Office Electronic Equipment and Supporting Equipment by the Working Group on Office
Electronic Equipment and Supporting Equipment based on the Minutes of Election Results
Number 68/POKJAPEP2020/04/2021 dated April 29, 2021, 95/POKJAPEP2020 /06/2021 on
24 June 2021, 104/POKJAPEP2020/07/2021 on 07 July 2021, 112/POKJAPEP2020/08/2021 on
06 August 2021, and 125/POKJAPEP2020/09/2021 on 27 September 2021;

(g) Whereas the FIRST PARTY and the SECOND PARTY have agreed to enter into an
agreement through PT Lenovo Indonesia Product and Price Statement dated 26 April 2021
and PT Lenovo Indonesia's Statement of Responsibility for Trade Mark dated 26 April 2021;
(h) Based on Letter of PT Lenovo Indonesia Number 6109/LNV-REL/XI/2021 dated November 12,
2021 regarding the application letter for contractual agreement with LKPP;
(i) Based on the provisions referred to in letters (a) to (h) it is necessary to make an agreement
with the SECOND PARTY to carry out the supply of Office Electronic Equipment and
Supporting Equipment as stated in the Specific Requirement of Contract, General
Requirement of Contract, Minutes of Election Result, Product and Price Statement Letter,
Trade Mark Responsibility Statement Letter and other Attachments attached to the Contract;
(j) The PARTIES certify that they have the legal authority to enter into this Contract and bind
the party represented;
(k) The PARTIES acknowledge and represent that in relation to the signing of this Contract each
party:
1) has and always been given the opportunity to be accompanied by an advocate/ work
unit in charge of law;
2) execute this Contract after proper review has been undertaken;
3) have read and fully understood the terms of this Contract;
4) have had adequate opportunity to examine and confirm all provisions of this Contract
and all relevant facts and conditions.
THEREFORE, The PARTIES hereby agree and agree to the following matters:

Article 1
Scope of Activity

Inclusion and Procurement of Office Electronic Equipment and Supporting Equipment products
through the National Electronic Catalogue in accordance with the Technical Specifications and
Prices as stated in the product list in the Electronic Catalogue Application.

Article 2
Contract Documents

(1) The following documents form an integral and inseparable part of this Contract:
a. Addendum/change to the Contract (if any);
 b. Contract;
c. Specific Requirements of Contract (SSKK);
d. General Requirements of Contract (SSUK);
e. Other attachments (if any).

(2) The documents as referred to in paragraph (1) above have been made to explain to one
another, and in the event of a conflict between the provisions in one document and the
provisions in another document, the provisions in a higher level of documents shall prevail
pursuant to hierarchical order in paragraph (1) above.

Article 3
Products and Prices

(1) Products and Prices of Office Electronic Equipment and Supporting Equipment as listed in
the Electronic Catalogue Application.
(2) The product price listed on the Electronic Catalogue Application is the Government's
Suggested Retail Price (SRP) which is used as the basis for Resellers in listing product prices
on the Electronic Catalogue Application.
(3) Prices and other supporting costs offered by the SECOND PARTY refer to on the provisions
contained in the Bidding Document and its amendments.

Article 4
The Use of Domestic Production

(1) The PARTIES are obliged to encourage the use of domestic products in the government
procurement of goods/services.
(2) If the Foreign Products displayed on the Electronic Catalogue Application can be fulfilled
and/or substituted by Domestic Products, the Foreign Products cannot be ordered through
E-Purchasing.

(3) Foreign Products can be ordered through E-Purchasing if they cannot be fulfilled and/or
substituted by Domestic Products.

Article 5
Rights and Obligations

The mutual rights and obligations of the FIRST PARTY and the SECOND PARTY are stated in
the Contract which includes in particular as follows:

1. The FIRST PARTY has the rights to:

a. obtain a report on the appointment of a Reseller by the SECOND PARTY as the
administrator of e-Purchasing transactions with Ministries/Institutions/Regional
Apparatuses in accordance with applicable procedures and/or laws and regulations;
b. request and/or receive information from the SECOND PARTY which is required in the
framework of the examination and/or audit of the performance of this Contract;
c. request and/or receive reports/data required in the framework of monitoring and
 evaluating the provision of the implementation of this Contract;
d. impose sanctions on the SECOND PARTY in accordance with the provisions of the
applicable laws and/or this Contract;
e. take down the SECOND PARTY’s products from the Electronic Catalog in the event that:
1) the validity period of the Product Distribution Permit expires and/or the displayed
Product cannot longer be distributed based on a recommendation/notification/decision
of the authorized government agency;
2) the certificate related to the SECOND PARTY product is revoked by the authorized
government agency; and
3) Production defects.
f. take down the SECOND PARTY from the Electronic Catalog in the event that:
1) the SECOND PARTY's business license is revoked by the competent government agency;
2) the SECOND PARTY shall be subject to sanctions by another authorized government
agency; and
3) the SECOND PARTY is subject to sanctions/contract termination by the FIRST PARTY.

2. The FIRST PARTY is obliged to provide facilities in the form of facilities and infrastructure in
the framework of listing and supplying products and prices for Office Electronic Equipment
and Supporting Equipment as the basis for Resellers in performing e-purchasing transactions
with Ministries/Institutions/Regional Apparatuses in accordance with procedures and/or or
applicable laws and regulations.

3. The SECOND PARTY has the rights to:

a. request facilities in the form of facilities and infrastructure from the FIRST PARTY in the context
of listing and supplying products and prices for Office Electronic Equipment and Supporting
Equipment as the basis for Resellers in implementing e-purchasing transactions with
Ministries/Institutions/Regional Apparatuses in accordance with prevailing procedures and/or
laws and regulations;
b. appoint Resellers in the framework of performing e-Purchasing transactions between the
SECOND PARTY and Ministries/Institutions/Regional Apparatuses in accordance with
applicable procedures and/or laws and regulations;
c. to make Addition of Products according to the type of product and category in the Electronic
Catalogue Application;
d. Update the Information on Goods/Services on the Electronic Catalogue Application;
e. submit a request for taking down products list in the Electronic Catalogue Application
accompanied by reasonable reasons and supporting evidence.

4. The SECOND PARTY has the obligations to:

a. be responsible for the product list, technical specifications, drawings and attachments offered
through the Electronic Catalog as long as no modifications/changes are made that result in the
loss of the warranty for the product;
b. guarantee guarantees for products that have a warranty;
c. report the appointment of the Reseller as referred to in Article 5 number 3 letter b to the FIRST
PARTY;
d. ensure that the Government's Suggested Retail Price (SRP) submitted is the best price for the
Government and is responsible for the fairness of the SRP price;
e. provide the necessary information for the examination of the implementation of the Work
carried out by the Auditor and/or Law Enforcement Apparatus;
 f. guarantee the availability of product stock that is displayed on the Electronic Catalogue;
g. submit information on the availability of product stock that is displayed on the Electronic
Catalogue to the FIRST PARTY;
h. submit reports/data required in the context of monitoring and evaluating the provision of the
implementation of this Contract to the FIRST PARTY;
i. responsible for all impacts caused by the low quality of products used by
Ministries/Institutions/Regional Apparatuses;
j. ensure that the products in the electronic catalog meet all aspects of licensing based on the
applicable laws and regulations;
k. responsible for all claims or claims caused by the use of Intellectual Property (IP) including
copyrights, trademarks, patents, and other forms of IP by the SECOND PARTY;
l. complete the administrative documents that are valid during the Catalog Contract period until
the Catalogue Contract ends; and
m. comply with all provisions of the Catalogue Contract in accordance with the applicable laws and
regulations.

Article 6
The Term of Contract

The validity period of this Contract is from the date of signing the Contract until it is stated in
the General Requirements of Contract (SSUK) and the Specific Requirements of Contract (SSKK).

IN WITNESS WHEREOF, the PARTIES have agreed to sign this Contract on the above-mentioned date
and execute the Contract in accordance with the provisions of the laws and regulations in the
Republic of Indonesia.

For and On Behalf of For and behalf of

the Government Goods/Services PT Lenovo Indonesia
Procurement Policy Institution

FIRST PARTY SECOND PARTY

GATOT PAMBUDHI POETRANTO BUDI JANTO DICK BAHAR

Deputy for Monitoring, Evaluation President Director Director
and Information System Development
 GENERAL REQUIREMENTS OF CONTRACT (SSUK)

A.       GENERAL PROVISIONS  

1. Definitions The terms used in these General Requirements of Contract

shall have the following meanings or interpretations
intended:
       
    1.1 Electronic Catalogue is an electronic information system
containing a list, types, technical specifications,
Domestic Component Level (TKDN), domestic products,
Indonesian National Standard (SNI) products, green
industrial products, country of origin, prices, providers,
and other information related to goods/services.
       
    1.2 Electronic Purchase, hereinafter referred to as E-
Purchasing, is the procedure for purchasing
goods/services through the Electronic Catalogue
system.
       
    1.3 The Catalogue Contract is a cooperation agreement
between Ministries/Agencies/Local Governments or
LKPP with the Provider for the listing of the
Goods/Services in the Electronic Catalogue.
       
2. Language and 2.1 The language of Contract language must be in
Governing Law Indonesian language.
       
    2.2 The law used is the applicable law in Indonesia.
       
3. Prohibition of 3.1 Pursuant to the applicable Rules and Regulations,
Corruption, Collusion, the FIRST PARTY or the SECOND PARTY is prohibited
and Nepotism and Fraud from:
       
      a. offer, accept or promise to give or receive gifts or
rewards of any kind or take other actions to
influence anyone who is known or reasonably
suspected to be related to this procurement; and
       
      b. Create and/or falsely submit documents and/or
other required information.
       
    3.2
In the event that the results of the examination and
 clarification carried out by the FIRST PARTY who has
the task of managing the National Electronic Catalog
states that the SECOND PARTY is proven to have
committed a violation as referred to in number 3.1,
then the FIRST PARTY shall impose sanctions on the
SECOND PARTY based on the provisions of sanctions
in item 12 and the provisions of laws and regulations -
the invitation and the FIRST PARTY are not responsible
for any actions taken by the SECOND PARTY;
       
    3.3 THE FIRST PARTY or SECOND PARTY involved in the
actions as referred to in item 3.1 above shall be subject
to sanctions based on the provisions of sanctions in item
12.1 and the provisions of laws and regulations.
       
4. Correspondence 4.1 All correspondence can be in the form of letters
and/or Electronic Mail (e-mail) with the destination
address of the FIRST PARTY or SECOND PARTY as
stated in the SSKK.
       
    4.2 All notices, requests or approvals under this Contract
must be made in writing in the Indonesian language
and shall be deemed to have been notified to the
PARTIES or the PARTIES' Authorized Representatives if
they have been delivered directly by registered mail
and/or e-mail as stated in the SSKK.
       
5. Parties Authorizer Any action required or allowed to be carried out and any
documents required or permitted to be made based on this
Contract by the FIRST PARTY or the SECOND PARTY can only
be made or made by the official referred to in the Contract.
       
6. Adjustment of Pricing of Enforcement of Price Adjustment on the Contract is regulated
the Product (Updated as stated in the SSKK.
Price)
       
7. Taxation The SECOND PARTY and the appointed Reseller are
obligated to pay all taxes, duties, levies, and other levies
imposed by tax regulations on the performance of this
Contract. All tax expenditures are deemed to have been
included in the Product Unit Price.
       
8. Perfomance of Work 8.1 The SECOND PARTY provides the product in In
accordance with the technical specifications and
price agreements;
       
    8.2 In the event that the implementation of Product
Provision which includes product listing, product delivery,
product installation (if any) is carried out through the
Reseller;
       
    8.3 Reseller as referred to in number 8.2 is a Reseller
registered on the Electronic Catalogue Application.
       
9. The Transfer of Entire The transfer of the entire Contract is only allowed in the event
Works that there is a change in the name of the SECOND PARTY,
either as a result of a Merger, Consolidation, or Separation.
       
10. Realization Transaction The SECOND PARTY reports the progress of the realization of
Report the transaction every execution of the Contract to the FIRST
PARTY.
       
11. Responsiblities 11.1 The SECOND PARTY is responsible for Guarantee the
price, quality, warranty, quantity and authenticity of
the products sold by the Reseller on the Electronic
Catalog Application;
       
    11.2 The SECOND PARTY shall be responsible for all actions
in the performance of this contract; and
       
    11.3 The FIRST PARTY is not responsible for any unlawful
acts committed by the SECOND PARTY.
       
12. Sanctions 12.1 If the SECOND PARTY violates the provisions as
referred to in number 3.1, it is subject to sanctions in
the form of termination of the Catalog contract,
BlackList Sanctions for 2 (two) years and the provisions
of sanctions in the applicable laws and regulations;
       
    12.2 THE FIRST PARTY may impose sanctions on actions
undertaken by the SECOND PARTY as referred to in the
obligations of Article 5 paragraph (4) of the National
Catalogue Contract in the form of:
       
      a.   if the SECOND PARTY violates the obligations of
the catalog contract, the first warning letter is
imposed;
       
      b.   if the SECOND PARTY commits the same violation
and/or commits other violations as stated in the
obligation of the catalog contract for the second
time, a second warning letter is imposed;
       
      c.   if the SECOND PARTY commits the same violation
and/or commits other violations as stated in the
obligation on the catalog contract for the third
time, it will be subject to a third warning letter
and a temporary suspension in the e-Purchasing
transaction system for 6 (six) months; and
       
      d.   if the SECOND PARTY commits the same violation
and/or commits other violations as stated in the
catalog contract obligation for the fourth time, a
fourth warning letter and a decrease in the
SECOND PARTY's inclusion from the Electronic
Catalog will be imposed for 1 (one) year.
       
    12.3 If the SECOND PARTY, based on the results of the
examination by the Auditor/Law Enforcement
Apparatus, there are State Losses arising from this
contract, the SECOND PARTY shall return all the said
State Losses and be subject to sanctions based on the
applicable Laws and Regulations.
       
       

B. CONTRACT PERFORMANCE    

       

13 Term of Contract The term of this Contract is from the date of the execution of the
. Contract until the time as stated in the SSKK.
       

  PRODUCT ADDINGS AND UPDATES, CONTRACT CHANGES, CONTRACT TERMINATION

AND CONTRACT TERMINATION.
       

14 Product Addings and 14.1 THE SECOND PARTY may apply for Addition of
Updates Products in accordance with the types of products and
categories that are already available on the Electronic
Catalog Application.
       

    14.2 THE SECOND PARTY may apply for Product Updates on

the Electronic Catalog Application. Product Update
Mechanism includes:
      a. Provider profile updates;

      b. Updating of goods/services data;

      c. Reseller data updates; and/or

      d. Application for download of goods/services

       

    14.3 Procedures for Product Addition and Updates carried

out on the Electronic Catalog Application as referred
to in numbers 14.1 and 14.2 refer to the LKPP
Electronic Catalog Application Usage Guide and its
amendments
       

15 Contract Amendment 15.1 the contract can only be changed by addendum

. (change) Contract.
       

    15.2 Changes to the Catalog Contract are made in

accordance with the agreement of the parties who
signed the Catalog Contract including but not limited
to:
      a. price changes;

      b. replacement/change of legal representatives of the

Contracting Parties to the Catalog;
      c. force majeure as referred to in item 16.4.

       

16 Force Majeure 16.1 What is meant by Force Majeure in this Contract is a

. condition that occurs against the will of the PARTIES
and cannot be predicted in advance, so that the
obligations specified in the Contract cannot be fulfilled.

       

    16.2 In the event of a force majeure event, the FIRST PARTY

or the SECOND PARTY shall notify one of the parties of
the occurrence of a Force Majeure in writing within 14
(fourteen) calendar days of realizing or should have
become aware of the event or condition which
constitutes a force majeure.
       

    16.3 In the event of a force majeure event, the performance

of the contract may be terminated or continued after
the force majeure has ended.
       

    16.4 In the event that the performance of the contract is

continued, the PARTIES may make changes to the
contract.

17 Cessation of Contract
. Force Majeure.
18 Terimation of Contract
. unilaterally if the SECOND PARTY does not fulfill its
   
   
19 Termination of Contract by
. THE FIRST PARTY
   
   
   
  Cessation of the contract can be done in the event of
18.1 The FIRST PARTY may terminate the contract
obligations in accordance with the provisions in the
Contract and refers to the recommendations and/or
results of the examination conducted by the
Auditor/Law Enforcement Apparatus based on the
applicable laws and regulations.
18.2 THE SECOND PARTY may terminate the contract
unilaterally if the FIRST PARTY does not fulfill its
obligations under the terms of the contract.
18.3 Termination of the Contract is carried out at least 14
(fourteen) calendar days after the FIRST PARTY/
SECOND PARTY submits written notification of the
Contract Termination plan to the SECOND PARTY/
FIRST PARTY.
  Deviating from Articles 1266 and 1267 of the Civil Code,
the FIRST PARTY or based on a written report from the
Procurement Officer/ Commitment Making
Officer/Signing Officer/Authorization of the Proof of
Agreement at each Ministry/Institution/Regional
Apparatus, the FIRST PARTY may terminate the Contract
through written notification to the SECOND PARTY
upon the occurrence of the following:
  a.    The SECOND PARTY is negligent/breach of
promise in carry out its obligations and do not
correct its negligence within the stipulated period;
  b.   The SECOND PARTY during the Contract Period
fails to correct any Quality Defects or improve the
services provided within the timeframe specified
by the FIRST PARTY;
  c.    THE SECOND PARTY is in a state of bankruptcy;
   
   
   
   
   
   
   
20 Termination of Contract by
. the SECOND PARTY
   
     
     
     
  d.    THE SECOND PARTY is proven to be subject to
Black List Sanctions prior to the signing of the
Contract;
  e. THE SECOND PARTY failed to comply with the final
decision on dispute resolution;
  f.    The SECOND PARTY is proven to have committed
KKN, fraud and/or falsification in the Procurement
process decided by the authorized agency;
  g.   complaints about procedural deviations,
allegations of KKN and/or violations of fair
competition in the implementation of procurement
are declared to be true by the authorized agency;
  h.    The SECOND PARTY's business license is revoked
by the competent government agency;
  i.     THE SECOND PARTY shall be sanctioned by
another authorized government agency; and/or
  j. in the event that the termination of the Contract is
due to the fault of the SECOND PARTY, the FIRST
PARTY may impose a sanction in the form of a
reduction in the inclusion of the Electronic Catalog.
20.1 THE SECOND PARTY may terminate the Contract in
  the event of the following:
  a. due to force majeure so that the PARTY SECOND
can not carry out the work in accordance with the
provisions of the Contract or the Contract
Addendum;
b. FIRST PARTY failed to comply with the final decision
on dispute resolution; or
c. The FIRST PARTY does not fulfill the obligations as
referred to in the Contract or the Contract
Addendum.
d. Submit a contract termination request to the FIRST
PARTY accompanied by justifiable reasons and
supporting evidence

21 Termination of Contract for
. other Reasons
C. DISPUTE SETTLEMENT
22 Dispute Settlement
. make every effort to amicably resolve all disputes arising
   
   
SPECIFIC REQUIREMENTS OF CONTRACT (SSKK)
  Korespondensi
  Penyesuaian Harga Satuan
Produk (Update Harga)
  Masa Berlaku Kontrak
  Penambahan dan
Pembaruan Produk
20.2 Pemutusan Kontrak sebagaimana dimaksud pada
angka 20.1 dilakukan sekurang-kurangnya 14 (empat
belas) hari kalender setelah PIHAK KEDUA
menyampaikan pemberitahuan rencana pemutusan
Kontrak secara tertulis kepada PIHAK KESATU
In the event that the termination of the Contract is carried out
because the FIRST PARTY is involved in procedural irregularities,
commits KKN and/or a violation of fair competition in the
implementation of procurement, the FIRST PARTY shall be
subject to sanctions based on the applicable laws and
regulations.
   
22.1 The FIRST PARTY and the SECOND PARTY are obliged to
out of or relating to this Contract or its interpretation
during or after the performance of this work.
22.2 Settlement of disputes or disputes between the FIRST
PARTY and the SECOND PARTY in the Contract is carried
out through deliberation.
22.3 If within 14 (fourteen) calendar days there is no settlement
by deliberation to reach consensus, then the FIRST PARTY
and SECOND PARTY agree to resolve the dispute through
LKPP's Contract Dispute Resolution Service (LPS).
  Alamat, Telepon, Website, Faksimili, e-mail, dan/atau
informasi lainnya terkait korespondensi PIHAK KESATU
dan PIHAK KEDUA sebagaimana tercantum pada aplikasi
Katalog Elektronik.
  PIHAK KEDUA dapat mengajukan usulan kenaikan dan
penurunan harga tayang dalam Katalog Elektronik
kepada PIHAK KESATU sejak Kontrak ditandatangani.
  Kontrak mulai berlaku sejak tanggal ditandatanganinya
Kontrak dan berakhir sampai dengan tanggal 30
September 2025.
  PIHAK KEDUA dapat mengajukan usulan
perubahan/penambahan produk pada Aplikasi Katalog
Elektronik kepada PIHAK KESATU sejak Kontrak
ditandatangani.