Amendment on Government Procurement of Goods and Services

Presidential Regulation No. 35 of 2011 on the Amendment of Presidential Regulation No. 54 of 2010 regarding Government Procurement of Goods and Services (“Regulation”) has been issued to address future lawsuits against the government that require an immediate and unplanned consultation with a lawyer and/or other counsel.

The Regulation only amends Article 44 (2) of Presidential Regulation No. 54 of 2010 (“Regulation 54/2010”). Previously, under Regulation 54/2010, Article 44 (2) consisted of four sub-paragraphs. Now, Article 44 (2) has five sub-paragraphs. The new addition is Article 44 (2) (e).

Article 44 (2) (e) allows a direct appointment for legal consultation services—which covers lawyers, advocates, and arbitrators—when the government faces a lawsuit that needs an immediate response. The rest of the articles in the Regulation 54/2010 remain unchanged.