Procurement of Goods / Services in BUMN

Procurement of goods / services of state-owned enterprises (BUMN) is divided into 2 (two), namely the procurement of goods/services using the state budget and the procurement of goods/services that do not use the state budget.

For the procurement of BUMN goods/services that use the APBN can be done by several methods, namely (Article 38 of Presidential Regulation 16/2018):

  1. E-Purchasing: It is for Goods/Other Construction/Service Works which already listed in the electronic catalog. E-Purchasing must be carried out for goods/services related to fulfilling national and/or strategic needs stipulated by ministers, heads of institutions, or regional heads.
  2. Direct Procurement: It is For Other Construction/Service Goods/Works that have a maximum value of Rp. 200,000,000.00 (two hundred million rupiah).
  3. Direct Appointment: for Other Goods/Construction/Services in certain circumstances. The specific situation in question is (Article 38 paragraph (5) Perpres 16/2018):
    • Organizing the preparation of sudden activities to follow up on international commitments attended by the President/Vice President
    • Secret goods/services for the interests of the State such as intelligence, witness protection, security of the President and Vice President, Former President and Former Vice President and their families and state guests at the level of head of state/head of government, or other confidential goods/services
    • Construction work of buildings which constitute one unit of construction system and one unit of responsibility for the risk of building failure that cannot be planned/calculated beforehand
    • Goods/services that can only be provided by 1 (one) Businessman
    • Procurement and distribution of superior seeds which include rice, corn and soybean seeds, and fertilizers which include Urea, NPK, and ZA to farmers in order to ensure the availability of seeds and fertilizers appropriately and quickly for the implementation of increasing food security
    • Work on infrastructure, facilities, and public utilities in the housing environment for Low-Income Communities carried out by the developer concerned
    • Specific goods/services and can only be carried out by patent holders, or parties that have obtained permission from patent holders, or those who become tender winners to obtain permission from the government
    • Goods/services that have carried out a re-tender but have failed.
  1. Fast Tender: can be implemented in terms of specifications and volume of work can be determined in detail and Business Actors have been qualified in the Provider Performance Information System.
  2. Tender: in the event that it cannot use the Provider selection method as referred to above

Of the 5 (five) methods available, Direct Procurement and Direct Appointment are methods that can be done by means of ordinary Procurement (manual) but there are conditions that must be met. Fast tenders and tenders are conducted using the SPSE application (Decree of Deputy I No. 3/2018).

If BUMN procure goods/services without using the APBN, then several methods are provided, namely as follows (Article 5 paragraph (2) BUMN Regulation No. 5/2008):

  1. Open auctions, namely by being widely announced through mass media to provide opportunities for qualified goods and services providers
  2. Direct Election, namely the procurement of goods and services offered to several parties, at least 2 (two) offers
  3. Direct Appointment, namely the procurement of goods and services carried out directly by appointing one supplier of goods and services
  4. Direct purchases, namely purchases of goods contained in the market

The procedure for the procurement of goods/services is further regulated by the respective Directors of BUMN (Article 5 paragraph (3) State-Owned Enterprises Regulation No. 5/2008). Procurement of goods/services without using the APBN can be done by using e-procurement whose technical prerequisites are determined by the Board of Directors. If using e-procurement, the system must be linked to the main portal of the Ministry of BUMN (Article 6 BUMN Regulation No. 5/2008).

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