BIDDING DOCUMENTS ProdukHukum Perdagangan

2 to discuss the said technical proposals with participants of pre-qualification on the basis of technical standards and parameters of project. 3 to invite pre-qualification participants to deliver their bids on the basis of standard agreements and technical parameter by observing the bidding requirements as regulated in the tender documents. a Foreign companies shall be allowed to be involved in pre-qualification. b Foreign companies passing pre-qualification shall be entitled to participate in bidding. c In the case of the said foreign companies winning the tenders, the relevant companies shall be required to set up Indonesian statutory bodies to execute the development and or management of the said infrastructures, according to Government Regulation No 201994 in the purchase of shares in companies established in the framework of foreign investments.

III. BIDDING DOCUMENTS

1. Personneltechnical departments in charge shall be required to prepare and deliver bidding documents to all participants passing pre-qualification : 1 invitation for bidding; 2 directives to the bid participants, covering : a. general explanation and objectives of the projects, including a clear statement on the objectives, scope, results expected, the public to be served, designs and minimum standard of performance and environmental standards; b. procedures for filing bids, including the date, time period and location for filing the bids, guarantees for bids, and validity periods of the respective bids as well as procedures allowed for delivering bids; c. date of the opening of the tenders; d. principles of detemination and adjustment of tariffs, charges, costs and rental fees; e. guarantees provided by personneltechnical departments in charge; f. the need for a relevant statutory body, if any; g. the share of personneltechnical departments in charge andor other agencies in financing part of projects; h. assistance or enhancement to be provided by personneltechnical departments in charge; i. tables indicating clearly the risks to be allocated to personneltechnical departments in charge, private parties and users. 3 forms of bids; 4 general and specific requirements to be applied in the contracts; 5 copies of pre-feasibility studies; 6 copies of the contract concept describing the forms of cooperation like : BOT, BOO, concession and etc and the maximum period of the construction; 7 guarantees of pro forma bids; 8 guarantee of pro forma implementation. 9 attachments, including additional information which is relevant, like : economic, socio, demographic and environmental data required to improve the quality of the bids; and 10 other documents that personneltechnical departments in charge consider useful for the bidders. 2. The bids and other documents delivered by the bidders and matters relating to the bids shall be made in the Indonesian language or English. In the case of dispute arising from the implementation, the reference shall be documents made in the Indonesian language. 3. Additional information, expalanation, rectifications and amendments to bidding documents shall be supplied to the bid participants formally and in writing. 4. All bidders shall be allowed to be given additional tome to the length of the period as long as that agreed in the bidding conference, in the case of amendments to bidding documents being badly required. 5. Bidding guarantees under the name of investors shall be required in the bidding. The bid guarantees will reflect the amount of losses to be borne by personneltechnical departments in charge that may arise, in the case of bidders resigning or failing to sign the contracts. Total bid guarantees shall be determined by personneltechnical departments in charge. 6. All bids shall be prepared to use the Indonesian rupiah maximally. 7. Bidding documents shall clearly indicate whether the adjusments to the project financing are allowed, and events andor conditions wherein the cost adjustments are permitted. 8. Bidding documents shall indicate clearly that the succesfull tenders shall be required deliver guarantees of performance in forms of bank guarantees under the name of the winners whose amount is equivalent to 5 of the estimated contract value. Bank securities can be obtained from a bank in Indonesia or international banks having branch offices in Indonesia. The securities shall be held by personneltechnical departments in charge and have a validity period until : 1 the completion of projects physically; and 2 12 months after the projects start operation. 9. Unless there are no other provisions, the delivery of bids shall be not later than 90 days since the date of the documents is issued. 10. The bids delivered after the time and date stipulated shall be returned without disclosure. 11. The bidders can be asked to extend the validity period of their bids without introducing modification to the letter of their bids. The bids of bidders failing to fulfill the said matter shall be returned along with the guarantees of their bids. 12. Personneltechnical departments in charge shall conduct pre- qualification conference, not less than 21 days and not more than 45 days after the bidding documents are issued. 13. The date, time and location of pre-bidding conference shall be given to the bidders in form of bidding directives. All changes in the time and location of pre-bidding conference will be informed to the bidders through letters and facsimile. 14. None of the provisions stated in the said conference shall change the definition or tenders and conditions of bidding documents, except they are made as written supplements from personneltechnical departments in charge. Personneltechnical departments in charge will issue the additional explanation in writing to all bidders. 15. The bidders shall be allowed to file written question to personneltechnical departments in charge togather explanations on the bidding documents, or data or information relating to the tenders. The bidders shall be required to provide personneltechnical departments in charge with sufficient time to consider and answer the said request. Personneltechnical departments in charge will send additional notifications in writing to the respective bidders and the Team for Evaluation of Procurement through facsimile or other electronic media. 16. The bidders shall be responsible for the careful evaluation and thorough understanding of all requirements, terminologies and condition of bidding documents or other documents issued by the government or personneltechnical departments in charge. Personneltechnical departments in charge shall not be responsible for the mistakes or misunderstanding of the bidders arising from information including bidding documents provided by personneltechnical departments in charge. 17. The final time, date and venue of the delivery of tenders shall be included into bidding documents. The documents will be opened publicly at the time and in the venue stipulated. 18. The bidders shall not be allowed to improve, change or substitute their bids after the bidding are opened.

IV. EVALUATION OF BIDS