EVALUATION OF BIDS ProdukHukum Perdagangan

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

1. Evaluation of bids shall be executed as follows : 1 After the bids are opened, miscalculation and responses of participants to the bidding documents shall be examined. In evaluating the responses, personneltechnical departments in charge shall be required to ensure their confirmity with all terminologies and requirements of bidding documents without making significant modification including, among others, all guarantees required, bonds available, signatures, and to make sure the documents are well arranged. The bids containing miscalculation shall be refused. 2 All bids shall be evaluated later to ensure that the said bidsfully comply with technical criteria and performance required : a. Basic design shall at least fulfill technical requirements and environmental standards stipulated in the bidding documents. Field examination shall be required to result in accurate technical plans and timetables of project implementation must be kept; b. Organizational structure proposed to the projects, arrangement of organization and maintenance must be elucidated clearly to ensure that the performance planned is in accordance with requirement standards stipulated; c. Financing plans must be complete by calculating all financing of project construction, and their start-up operations. The difference and uncertainly in the financial planning shall become the basis for refusing a bid. It is also calculated the sufficiency of fund reserves to cover the possibilities of excessive cost, slow performance, or cashflow deficit in the start-up operation. 3 Evaluation of financing shall only be introduced to reponsive bids and passing technical evaluation : a. the comparison and evaluation of financial proposals must be executed by using the method of present value of financial discounting. Discount tariffs applied to this evaluation shall be tariffs of Bank Indonesia Certificate for three months effective on the day of bids are opened, or other tariffs approved by the Team for Evaluation of Procurement to evaluate the financial condition of cooperation projects between private companies and the government; b. the financial flows used in tender documents must be in accordance with minimum technical design and standards of implementation, planning and specifications contained in tender documents; c. the financial flows of all bids will be evaluated in the same period concession period as stipulated in tender documents. The bids showing that the financial flows are less or bigger in comparison with the period stipulated in tender documents will be disqualified; d. the currency used in evaluating the bids shall be the Indonesian rupiah; e. all bids will be evaluated thoroughly, to ensure that all calculations are included, covering : i. the placement of staff and their financing; ii. the costs of operation and maintenance; iii. the adequate working capital including among others, cash revenue, inventory of spareparts, other inventories, rental fees and downpayments; iv. the replacement and renewal of equipment so long the development and operational period; v. the licences, permits and payment connecting to licences of technology; vi. the income and other taxes. f. all bids must be evaluated accurately to ensure that the projection of demand and growth rate stipulated in analysis shall be reasonable and widely consistent with the projection of demand contained in pre-feasibility studies andor bidding documents. In the case of the projection of demand covered as part of bidding documents, this version will also be valid for pre-feasibility studies. g. the calculation of tariffs shall be in accordance with that stipulated in bidding documents; h. all support gained from the public, including those contained in the financial proposals must be indicated clearly and reasonably and included in analysis; i. the timetable of projects implementaton must be consistent with that contained in the financial analysis; j. all debts repayment, financial arrangement, interest and debts amortization must be clearly indicated and calculated in the financial analysis; k. in accordance with the matters above, personneltechnical departments in charge will recommend the delivery of contracts to bidders whose bids fulfill the requirements, technical evaluations are satisfactory and who make financing proposals: i. the proposals of tariffs of subsidies, charges, costs and rental fees proposed in forms of Build Operate Transfer BOT, Build Own Operate BOO, Develop Operate Transfer DOT, Rehabilitate Operate Transfer ROT, Rehabilitate Operate Own ROO, and other similar forms, resulting in the lowest deduction from the present value; ii. the timetable proposals or amortization payment in forms of Build Transfer BT, Build Lease and Transfer BLT, Build Transfer and Operate BTO, and other similar forms, resulting in the lowest deduction from the present value; or iii. the timetable proposals of the financing to parties in charges in leasing and other similar forms resulting in the highest deduction from the present value. 2. In the case of the private party serving as the initiator of a project and the project is offered to the public, the initiator shall be entitled to obtain additional value in the bid evaluation whose amount is determined by personneltechnical departments in charge, by fulfilling the following requirements : a. the bidder has submitted the project proposal to personneltechnical department in charge on the basis of initiative of the relevant private party; b. the bidder has executed pre-feasibility study resulting in the project included in the list of infrastructural development projects; c. pre-feasibility study is opened to all other participants; d. the bidder has passed the tender pre-qualification and hisher tender fulfilled technical requirements; e. there are found out more than one tender fulfilling technical requirements.

V. THE REFUSAL OF BIDS