To help the Government Contracting Agency (GCA) in order to increase the effectiveness of the preparation and/or the implementation of PPP Project transactions, to meet the specified quality and time.
- To align and integrate the process of providing fiscal facilities for PPP Projects by the Minister of Finance that is Feasibility Support, Infrastructure Guarantee, and the application of investment return schemes in the form of Availability Payment Service in effective and efficient sequence.
- To develop the standard of required document and studies in the preparation and/or the implemetation of PPP projects transaction, particularly the Feasibility Pre-study and PPP Agreement design documents, which are able to attract interest and business entity participation in PPP Projects as well as to support the progress of PPP implementation in the future.
- Project preparation facillity;
- The preparation of feasibility pre-study (a study that conducted to assess the feasibility of PPPs by considering at least legal, technical, economic, financial, risk management, environmental and social aspects).
- preparation of all studies and / or documents supporting the Feasibility Pre-study.
- Transaction assistance facility;
- procurement of Implementing Business Entities;
- PPP agreement signing;
- Financing for PPP project (Financial Close), as long as it is part of the responsibility allocated according to the GCA’s based on the PPP Agreement
- Project preparation facilities and transaction assistance facilities. The scope consists of a combined scope of project preparation facilities and transaction assistance
- Priority PPP Project;
- PPP Project Development and / or Development of Domestic Oil Refineries; and / or
- Other PPP projects that meet the criteria as stipulated in this Ministerial Regulation.
Requirements for submitting applications for Facilities for Priority PPP Projects and PPP Projects for the Development and / or Development of Domestic Oil Refineries, in terms of:
The Government Contracting Agency has compiled a document that contains at least the following:
- legal and institutional studies;
- technical studies;
- economic and commercial studies;
- environmental and social studies;
- study of forms of cooperation in the provision of infrastructure;
- risk assessment;
- review of government support needs and / or government guarantees;
- study of matters that need to be followed up; or
- a business plan if the GCA is the Board of Directors of a State Owned Enterprise / Board of Directors of a Regional Owned Enterprise.
- legal and institutional studies;
- technical studies;
- economic and commercial studies;
- environmental and social studies;
- study of forms of cooperation in the provision of infrastructure;
- risk assessment;
- review of government support needs and / or government guarantees;
- study of matters that need to be followed up; or
- a business plan if the GCA is the Board of Directors of a State Owned Enterprise / Board of Directors of a Regional Owned Enterprise.
- Application letter for facilities shall be submitted by the GCA to the Minister of Finance in this case the Director General of Financing and Risk Management by stating the type and scope of facilities applied for and attaching:
- documents that indicate that the criteria and / or requirements that apply to PPP Projects being applied for by the Facility have been fulfilled;
- The GCA’s statement letter which basically states the truth of the contents of the document and can be accounted for and in accordance with the provisions of legislation concerning PPP.
- Application for facilities for the type of project preparation facilities or project preparation facilities and transaction assistance facilities for other PPP Projects is submitted if the GCA has completed the requirements for Market Sounding, and based on the results of the Market Interest Assessment it is known that the PPP Project is in demand by prospective investors.
- Application for Facilities for the type of transaction assistance facility is submitted by the GCA after the GCA completes the PPP Project Preparation Phase.
- The Minister of Finance through the Directorate General of Financing and Risk Management in this case the Directorate of Management of Government Support and Infrastructure Financing evaluates the Application for Facilities submitted by the GCA
- Considering the project readiness, GCA readiness to implement projects, and market interest.
- The Minister of Finance released a Facility Approval to the GCA if the results of the evaluation of the Facility Request meet the applicable criteria and requirements.
- The Minister of Finance as the facility provider has the authority to determine the type and scope of facilities to be provided to the GCA by considering:
- the needs of the GCA
- characteristics and characteristics; and
- factual conditions on PPP Projects.
- Issuance of Facility Approval does not result in the transfer of authority or responsibility for the implementation of the PPP Project from the GCA to the Minister of Finance.
- With the issuance of a Facility Approval Letter, the GCA is not permitted to appoint or enter into agreements with other parties to do things similar to those that have been and / or will be provided and / or implemented for Facilities.
- The issuance of the Facility Approval Letter is carried out in accordance with the provisions listed in Appendix of PMK 73/2018
- By PDPPI
- Own transaction advisor
- Cooperate with international institutions
- Special assignment to SOEs
- Own transaction advisor
- Cooperate with international institutions
- Cooperating with International Institutions For PPP projects, development / development of domestic oil refineries
In order to support the successful implementation of the Facility, the GCA is responsible for:
- cooperate and carry out good coordination with each party related to the implementation of the Facility since it was provided and during the implementation of the Facility;
- stipulates the formation of a team tasked with implementing PPP Projects in accordance with the provisions of laws and regulations concerning PPP;
- guarantee that PPP Projects are implemented with good, transparent, accountable and fair governance;
- ensure the availability of access and use of all information and / or documents related to PPP Projects, both oral and written, which are needed for the implementation of the Facility;
- guarantee information and / or documents provided as referred to in letter d, valid, complete, correct, correct and in accordance with the actual situation;
- coordinate, organize, and get support from all stakeholders that influence the implementation of PPP Facilities and / or Projects;
- provide strategic direction for problems that affect the implementation of the Facility and / or implementation of PPP Projects that cannot be resolved by the team as referred to in letter b or by officials under the relevant GCA institutions;
- ensure that the implementation process of the PPP Facility and / or Project can proceed without interruption, in the event of a change in team membership as referred to in letter b or to an institution under the GCA that can affect the implementation of the PPP Facility and / or Project;
- ensure that every party under the GCA institution does not take actions that could interfere with the successful implementation of the Facility; and
- socialize the implementation of the PPP Project to the community.
Project Preparation Facilities are based on:
- Presidential Decree Number 75 Number 75 of 2014 about Acceleration of Provision of Priority Infrastructure.
- Presidential Decree Number 122 of 2016 about Amendment to Presidential Regulation Number 75 of 2014 about Acceleration of Provision of Priority Infrastructure
- Minister of Finance Regulation Number 265/PMK.08/2015 about Facilities in the Context of Preparation and Implementation of Transactions of Government and Business Entity Cooperation Projects. (not applicable)
- Ministry of Finance Regulation Number 129/PMK.011/2016 about Amendment to Minister of Finance Regulation Number 265 / PMK.08 / 2015. (not applicable)
- Brief project description (executive summary) which includes value, coverage, location, and benefits;
- Statement that the project will be held with a PPP scheme;
- Statement indicating that the criteria and requirements required for the project have been fulfilled;
- Commitment to comply with all applicable provisions and laws and regulations, including the requirements needed for providing support; and
- Willingness to be fully responsible for the truth of all documents, information in the form of data or numbers and / or any statements regarding PPP Projects provided, made and submitted for submission of Application for Facilities.
- The GCA Statement contains at least:
- The project has fulfilled the criteria and requirements required to be granted the Facility;
- GCA is willing to follow the mechanism of giving and implementing facilities;
- The GCA ensures that the facilities are carried out as well as possible; and
- GCA is willing to carry out the responsibilities referred to in Article 19.