- Following the enforcement of Regulation of the Government No. 17 of 2022 (“Regulation 17/2022”), the Head of the National Public Procurement Agency (Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah – “LKPP”) has decided to introduce a new model for procurement documents that will apply to business entities that are implementing public-private partnerships (Kerja Sama Pemerintah dan Badan Usaha – “KPBU”) during infrastructure projects (“Infrastructure Projects”) in the new Capital City of Nusantara (“Document Models”) through the issuance of Decree of the Head of the National Public Procurement Agency No. 277 of 2024 (“Decree 277/2024”). This new framework has been in force since 11 November 2024.
- Outlined comprehensively under the Appendices to Decree 277/2024, the above Document Models break down into the following two types: 1) Document Models for Infrastructure Projects that are initiated by business entities (unsolicited) (e.g. prequalification and tender documents, as well as Swiss Challenge documents); and 2) Document Models for Infrastructure Projects that are implemented through the panel of business entities for Infrastructure Projects (e.g. umbrella contracts, prequalification of panels, proposals and so forth).
- The new Document Models will merely serve as a reference for use by relevant stakeholders during the drafting of procurement documents for Infrastructure Projects. In this regard, it should be noted that said Document Models are not legally binding in nature. As such, it is also important to understand that these Document Models may not be utilized as a legal reference during any sort of examinations or audits.
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