Contoh Berita Acara PHO Sesuai Perpres 12/2021

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Contoh Berita Acara PHO Sesuai Perpres 12/2021

Understanding the Berita Acara Serah Terima Pekerjaan (BAST), or Handover Report, according to Presidential Regulation (Perpres) 12 of 2021, is super important, guys, especially if you're involved in government projects. This document officially marks the transfer of responsibility for a completed project from the contractor to the government agency. Basically, it says, "Okay, we built it, and now it's yours!" So, let's dive into what this is all about and how to nail it, focusing especially on how Perpres 12/2021 changes things up.

The Handover Report (BAST) is more than just a piece of paper; it's a legal document that signifies a crucial step in project management. It confirms that the work has been completed according to the agreed specifications, timelines, and quality standards. Think of it as the final handshake after a job well done (or, you know, needs-to-be-done-correctly!). It outlines exactly what is being handed over, including all relevant documentation, manuals, and warranties. This is really important to prevent any future disputes or misunderstandings about the project's deliverables and condition. Plus, it triggers the start of the maintenance period, ensuring that the project continues to function as intended long after the construction crew has packed up their tools. This also serves as a record to evaluate project performance, and a reference for future projects. Because of this, the BAST is vital, so everyone knows what they're accountable for. The BAST also gives peace of mind, especially when everyone involved knows their responsibilities and can use the document as proof of compliance with the project requirements and regulations.

Now, let's talk about Perpres 12/2021. This regulation brings some updates and clarifications to the process of government procurement, including how the Handover Report should be handled. The regulation stresses the importance of transparency and accountability in every stage of the procurement process, and the handover stage is no exception. It emphasizes that all relevant documents must be complete, accurate, and accessible to all stakeholders. Perpres 12/2021 also encourages the use of electronic systems for documentation and reporting, making the process more efficient and less prone to errors. This is a pretty big deal, as it streamlines the administrative side of things and reduces the potential for paperwork headaches. Another key aspect of the regulation is its focus on value for money. It requires government agencies to ensure that the project delivers the expected benefits and meets the needs of the community. This means that the Handover Report should not just confirm that the project is complete but also that it is functioning as intended and providing the intended value. To ensure you're in line with Perpres 12/2021, stay updated with the latest guidelines and circulars issued by the relevant government authorities. Always double-check that your Handover Report includes all the required information, is signed by all relevant parties, and is properly documented and archived. This will save you from potential legal and administrative issues down the road, trust me.

Key Elements of a Berita Acara Serah Terima Pekerjaan

Creating a solid Handover Report involves several crucial components. If you understand these elements, you'll be on your way to producing a document that protects everyone involved and complies with Perpres 12/2021. You can't just slap something together, guys. Each part has a specific purpose, and skipping any of them can lead to problems later on. So pay attention to these things:

  • Project Identification: This section clearly identifies the project by its official name, location, and contract number. It's like giving the project its unique fingerprint. Include the date the contract was signed and any amendments that might have been made along the way. This is vital for referencing the project accurately in all subsequent documentation and communications. You should also mention the specific government agency responsible for the project and the contractor who carried out the work. By doing so, you're setting the stage for clear accountability. Also, make sure to include any relevant project codes or identification numbers used by the government agency for tracking purposes.
  • Scope of Work: This outlines the exact work that was carried out during the project. Be specific! Include a detailed list of all tasks completed, materials used, and equipment installed. Reference the original contract and any approved variations or change orders that affected the scope of work. This section should leave no room for ambiguity about what was supposed to be done and what was actually done. Diagrams, blueprints, and technical specifications can be included as appendices to provide further clarity. If certain tasks were subcontracted, clearly identify the subcontractors and their respective responsibilities. Ensure that the scope of work aligns with the project's objectives and intended outcomes.
  • Completion Date: State the actual date the project was completed. This is not the same as the originally planned completion date, especially if there were delays or extensions. Document any reasons for delays and reference any official extensions granted by the government agency. This date is a critical reference point for calculating warranty periods, maintenance schedules, and other post-completion obligations. It also serves as a benchmark for evaluating the contractor's performance and adherence to the project timeline. If the project was completed in phases or stages, clearly indicate the completion date for each phase.
  • Inspection and Acceptance: Document the inspection process and the findings of the inspection team. This includes a description of the inspection criteria, the methods used, and the results obtained. Note any defects, deficiencies, or non-conformances identified during the inspection. Indicate whether these issues have been resolved and how they were addressed. Include the names and signatures of the inspectors who conducted the inspection and their official titles. Attach any inspection reports, photographs, or other evidence supporting the inspection findings. State clearly whether the project has been accepted as meeting the required standards and specifications. If acceptance is conditional, specify the conditions that must be met.
  • Documentation Handover: List all the documents being handed over from the contractor to the government agency. This includes as-built drawings, operating manuals, maintenance schedules, warranties, and any other relevant documentation. Provide a detailed description of each document and its purpose. Indicate the number of copies provided and the format (e.g., electronic, hard copy). Obtain a signed acknowledgment from the government agency confirming receipt of all documents. This ensures that the government agency has all the information needed to operate and maintain the project effectively. It also protects the contractor from future claims of incomplete documentation.
  • Signatures: Obtain signatures from authorized representatives of both the contractor and the government agency. Include their full names, titles, and the dates they signed the document. Ensure that the signatories have the authority to sign on behalf of their respective organizations. The signatures signify that both parties agree to the terms and conditions outlined in the Handover Report. Consider having the signatures notarized to further validate the document's authenticity. If other stakeholders are involved, such as project managers or engineers, obtain their signatures as well to demonstrate their concurrence.

Example of a Berita Acara PHO

To give you a clearer picture, let's look at a simplified example of what a Berita Acara Serah Terima Pekerjaan might look like. Remember that the specific content will vary depending on the nature of the project, but this should give you a solid template to work from. This sample does not constitute legal advice and is for illustrative purposes only. You should always consult with legal counsel to ensure your documents are compliant with applicable laws and regulations.

BERITA ACARA SERAH TERIMA PEKERJAAN Nomor: [Insert Number]

Pada hari ini, [Insert Day], tanggal [Insert Date], bulan [Insert Month], tahun [Insert Year], bertempat di [Insert Location], yang bertanda tangan di bawah ini:

[Nama Lengkap], [Jabatan], bertindak untuk dan atas nama [Nama Instansi Pemerintah], yang selanjutnya disebut PIHAK PERTAMA.

[Nama Lengkap], [Jabatan], bertindak untuk dan atas nama [Nama Perusahaan Kontraktor], yang selanjutnya disebut PIHAK KEDUA.

Dengan ini menyatakan bahwa:

  1. PIHAK KEDUA telah melaksanakan pekerjaan [Nama Pekerjaan] berdasarkan Kontrak Nomor: [Nomor Kontrak] tanggal [Tanggal Kontrak] dengan nilai sebesar Rp [Nilai Kontrak] (terbilang [Sebutan Nilai Kontrak]).
  2. PIHAK KEDUA telah menyelesaikan pekerjaan tersebut sesuai dengan ketentuan yang tercantum dalam kontrak dan telah dilakukan pemeriksaan oleh Tim Pemeriksa Pekerjaan yang dibentuk oleh PIHAK PERTAMA.
  3. PIHAK PERTAMA telah menerima hasil pekerjaan tersebut dari PIHAK KEDUA dalam keadaan baik dan sesuai dengan spesifikasi teknis yang telah ditetapkan.

Sebagai bukti serah terima pekerjaan ini, maka PIHAK PERTAMA dan PIHAK KEDUA menandatangani Berita Acara Serah Terima Pekerjaan ini.

Demikian Berita Acara ini dibuat dengan sebenarnya dan ditandatangani oleh kedua belah pihak dalam keadaan sadar tanpa paksaan dari pihak manapun.

PIHAK PERTAMA PIHAK KEDUA

[Nama Lengkap] [Nama Lengkap] [Jabatan] [Jabatan]

Lampiran:

  • Salinan Kontrak
  • Gambar As-Built Drawing
  • Dokumen Garansi
  • Laporan Pemeriksaan Pekerjaan

Tips for Ensuring Compliance with Perpres 12/2021

Navigating Perpres 12/2021 can be tricky, but here are a few tips to help you stay on the right track. Knowing these tips will make you look like a pro and keep your project in line with government regulations. You can't just wing it, guys; preparation is key. Make sure all the boxes are checked so things are smooth.

  • Stay Updated: Government regulations can change, so make sure you're always using the most current version of Perpres 12/2021 and any related guidelines. Subscribe to updates from relevant government agencies and attend industry seminars to stay informed. Regularly check the websites of the Lembaga Kebijakan Pengadaan Barang/Jasa Pemerintah (LKPP) and other related institutions for the latest regulations and circulars. Don't rely on outdated information, as this could lead to non-compliance.
  • Document Everything: Maintain detailed records of every stage of the procurement process, from the initial planning to the final handover. This includes contracts, meeting minutes, inspection reports, and correspondence. Use a centralized document management system to ensure that all documents are easily accessible and properly organized. Back up your documents regularly to prevent data loss. Having a complete and well-organized record will make it easier to demonstrate compliance and respond to any inquiries or audits.
  • Use Standard Templates: Utilize standardized templates for your Handover Reports and other procurement documents. These templates should be designed to comply with the requirements of Perpres 12/2021 and should include all the necessary information. Standardized templates will help ensure consistency and accuracy across all your projects. Customize the templates as needed to reflect the specific requirements of each project, but always ensure that they remain compliant with the regulations.
  • Seek Expert Advice: Don't hesitate to seek advice from legal experts or procurement consultants who specialize in government regulations. They can provide guidance on how to interpret and comply with Perpres 12/2021 and can help you avoid potential pitfalls. Engaging experts can be a worthwhile investment, as it can save you time and money in the long run by preventing costly mistakes.
  • Training and Capacity Building: Provide training to your staff on the requirements of Perpres 12/2021 and best practices for government procurement. This will help ensure that everyone involved in the process understands their roles and responsibilities and is equipped to comply with the regulations. Conduct regular refresher courses to reinforce the training and keep your staff up-to-date on any changes. Invest in capacity building initiatives to improve the skills and knowledge of your procurement team.

By following these tips, you can ensure that your projects comply with Perpres 12/2021 and that your Handover Reports are accurate, complete, and properly documented. This will help protect your organization from legal and financial risks and will contribute to the successful completion of your projects.

Conclusion

Mastering the Berita Acara Serah Terima Pekerjaan according to Perpres 12/2021 is essential for anyone involved in government projects. It's not just about ticking boxes; it's about ensuring transparency, accountability, and value for money. By understanding the key elements of the Handover Report, staying updated on the latest regulations, and following these tips, you can navigate the process with confidence and ensure that your projects are a success. So, keep this guide handy, and you'll be well-equipped to handle the handover process like a pro, guys!