Exhibit 4.23
THIRD AMENDMENT
FOR
DEVELOPMENT CONTRACT
PSTN EXCELLENCE REGIONAL
JUNCTION DIVRE-II
BETWEEN
PERUSAHAAN PERSEROAN (PERSERO)
PT TELEKOMUNIKASI INDONESIA, TBK.
AND
CONSORTIUM OLEX-LUCENT-BRIMBUN
NO. PKS.121/HK.820/PEM-00/2002
DATED DECEMBER 20, 2002
THIRD AMENDMENT
FOR
DEVELOPMENT CONTRACT
PSTN EXCELLENCE REGIONAL
JUNCTION DIVRE-II
BETWEEN
PERUSAHAAN PERSEROAN (PERSERO)
PT. TELEKOMUNIKASI INDONESIA, TBK.
AND
CONSORTIUM OLEX-LUCENT-BRIMBUN
NUMBER: PKS.121/HK.820/PEM-00/2002
On this TWENTIETH day of DECEMBER year TWO THOUSAND TWO placed at Jakarta,
between the parties :
I. PERUSAHAAN PERSEROAN (PERSERO) PT. TELEKOMUNIKASI INDONESIA, Tbk.,
telecommunications services and network provider established and
incorporated under the law of the Repbulic of Indonesia having its
registered office at Jalan Japati Number 1 Bandung 40133, based on the
Power of Attorney of President Director Number : K.TEL
107/HK510/UTA-00/02 dated 15 August 2002 in this Amendment duly
represented by TRI DJATMIKO, in his capacity AS HEAD OF DEVELOPMENT
DIVISION, hereinafter referred to as TELKOM.
II. CONSORTIUM OLEX - LUCENT - BRIMBUN, a consortium formed by Notaries
Deed No. 9 dated 14th December 2001, in front of Notary Benny Djaja,
SH, SE, MM., having its address at Wisma Bisnis Indonesia 15th Floor,
Jl. Lerjen S. Parman Kav. 12, Jakarta-11480 whereas in this legal act
to be represented by FADJAR TJOANDA, as President Director of PT. Olex
Cables Indonesia,
CONSORTIUM OLEX - LUCENT - BRIMBUN consist of:
PT. OLEX CABLES INDONESIA, having its address at Wisma Bisnis Indonesia
15th Floor, Jakarta, as CONSORTIUM LEADER, hereinafter referred to as
OLEX.
PT LUCENT TECHNOLOGIES INDONESIA, having its address at Tifa Building
3th Floor, Jakarta, as CONSORTIUM MEMBER, hereinafter referred to as
LUCENT.
PT. BRIMBUN RAYA INDAH, having its address at Jakarta Barat, as
CONSORTIUM MEMBER, hereinafter referred to as BRIMBUN.
hereinafter all together in this Amendment referred to as PARTNER.
By first taking into consideration of the following matters:
a. whereas, TELKOM and PARTNER has been bound each other in Development
Contract PSTN Excellence Regional Junction DIVRE II Number:
PKS.14/HK.810/UTA-00/2002 dated 8 February 2002, hereinafter referred
to as "MAIN CONTRACT";
b. whereas, TELKOM and PARTNER has changed some articles in the
Main Contract as described in First Amendment for Development
Contract PSTN Excellence Regional Junction Divre-II Number :
PKS. l55/HK.820/UTA-00/2002 dated 22 August 2002, hereinafter
referred to as "FIRST AMENDMENT";
c. whereas, TELKOM and PARTNER has changed some articles in the
Main Contract and First Amendment as described in Second
Amendment for Development Contract PSTN Excellence Regional
Junction Divre-II Number: PKS. l92/HK.820/UTA-00/2002 dated 25
October 2002, hereinafter referred to as "SECOND AMENDMENT";
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d. whereas, in the implementation of it and in order to optimize
the Project, some additions and reductions of works are
avoidable as have been depicted in the Minute of Meeting of
ATTACHMENT III AND ATTACHMENT IV.
After having taken into consideration the above matters, TELKOM and PARTNER have
agreed to amend the provisions stipulated in the Main Contract, First Amendment,
and Second Amendment in accordance with the following terms and conditions:
ARTICLE 1
SCOPE OF WORK
To Amend letter a sub Article ( 2 ) Article 1 (Scope of Work) of the second
Amendment become the following condition:
a. Implementation of PSTN Excellence Junction DIVRE-II in accordance with
the result of survey, design and Design Review Meeting (DRM) as
specified in ATTACHMENT I of this Amendment, which in principal,
consists of development of System RINGs and other work:
1) RING X,
2) RING Y,
3) RING 1,
4) RING 2,
5) RING 3,
6) RTN6 4,
7) RING 5,
8) RING 6,
9) RING 7,
10) RING 8,
11) RING 9,
12) RING 10,
13) RING 11
14) RING 12
15) RING 13
16) RING 14
17) RING 15
18) Network Management Systems (NMS)
19) Spare
20) Training DXC
21) Training SDH
22) Supporting Facilities
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ARTICLE 2
CONTRACT AMOUNT
To amend sub-article (1) and (2) Article 2 (Contract Amount) of the Second
Amendment become as follows;
(1) Value of WORK for this Amendment is amounting USD$26,244,788.53 (TWENTY
SIX MILLION TWO HUNDRED FORTY FOUR THOUSAND SEVEN HUNDRED EIGHTY EIGHT
US DOLLAR AND FIFTY THREE CENTS) AND RP. 110,281,732,400 (ONE HUNDRED
TEN BILLION TWO HUNDRED EIGHTY ONE MILLION SEVEN HUNDRED THIRTY TWO
THOUSAND FOUR HUNDRED RUPIAH) EXCLUDING 10% VAT consists of:
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US D IDR US D IDR
SEBELUM SEBELUM PPn SESUDAH SESUDAH PPn
NO (SCOPE OF WORK) PPn 10% 10% PPn 10% 10%
- -----------------------------------------------------------------------------------------------------------
1 Ring X 8,163,779.07 21,841,279,800.00 8,980,156.98 24,025,407,760.00
2 Ring Y 4,327,516.66 19,312,515,100.00 4,760,268.54 21,243,766,610.00
3 Ring 1 2,704,036.26 16,447,514,600.00 2,974,439.89 18,092,266,060.00
4 Ring 2 1,134,022.00 2,330,941,700.00 1,247,424.20 2,564,035,870.00
5 Ring 3 1,105,277.00 2,406,408,500.00 1,215,804.70 2,647,049,350.00
6 Ring 4 1,755,768.00 3,119,467,500.00 1,931,344.80 3,431,414,250.00
7 Ring 5 1,439,308.62 13,935,903,500.00 1,583,239.49 15,329,493,850.00
8 Ring 6 290,477.00 1,045,649,800.00 319,524.70 1,150,214,780.00
9 Ring 7 452,546.00 2,379,013,500.00 497,000.60 2,616,914,850.00
10 Ring 8 51,122.86 1,003,281,100.00 56,235.15 1,103,609,210.00
11 Ring 9 286,296.00 1,009,257,500.00 314,925.60 1,110,183,250.00
12 Ring 10 242,580.42 1,630,089,300.00 266,838.46 1,793,098,230.00
13 Ring 11 526,171.29 1,448,933,100.00 578,788.42 1,593,826,410.00
14 Ring 12 345,060.11 1,946,302,900.00 379,566.12 2,140,933,190.00
15 Ring 13 264,170.24 1,528,089,700.00 290,587.27 1,680,898,670.00
16 Ring 14 500,096.63 5,897,287,300.00 550,106.29 6,487,016,030.00
17 Ring 15 760,960.16 7,766,009,900.00 837,056.17 8,542,610,890.00
18 NMS 1,364,093.00 4,602,492,100.00 1,500,502.30 5,062,741,310.00
19 Spare 413,113.00 55,459,600.00 454,424.30 61,005,560.00
20 Supporting Facilities - 263,835,900.00 - 290,219,490.00
21 Training SDH 118,394.00 - 130,233.40 -
22 Training DXC - 312,000,000.00 - 343,200,000.00
------------- ------------------ ------------- ------------------
TOTAL PROYEK 26,244,788.53 110,281,732,400.00 28,869,267.38 121,309,905,640.00
------------- ------------------ ------------- ------------------
(2) Value of the WORK for this Amendment is as specified in detailed in
Attachment I of this Amendment.
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ARTICLE 3
CONTRACT IMPLEMENTATION PERIOD
To amend sub-article (1) of Article 3 (Contract Implementation Period)
of the Second Amendment, becomes as follows:
(1) TELKOM and PARTNER agree to implement the WORK under Article 1(Scope of
Work) of this Amendment, which finalization of the Work as summarized
below:
No Scope of Work Finish
- -----------------------------------------------------------------------
1 Ring X 27 December 2002
2 Ring Y 26 March 2003
3 Ring 1 27 June 2003
4 Ring 2 22 August 2003
5 Ring 3 22 August 2003
6 Ring 4 7 November 2003
7 Ring 5 18 July 2003
8 Ring 6 19 December 2003
9 Ring 7 9 January 2004
10 Ring 8 14 November 2003
11 Ring 9 20 February 2004
12 Ring 10 20 February 2004
13 Ring 11 20 February 2004
14 Ring 12 12 March 2004
15 Ring 13 19 March 2004
16 Ring 14 19 March 2004
17 Ring 15 19 March 2004
18 NMS 31 March 2003
19 Spare 26 March 2004
20 Supporting Facilities 30 November 2002
21 Training SDH 25 July 2003
22 Training DXC 05 February 2003
ARTICLE 4
PAYMENT
To amend sub-article (4) latest sentence of Article 9 (Payment) of the Second
Amendment, become as follows:
In accordence with the payment amount belongs to the right of the names above,
where the bank transfer fee shall be imposed to the names above by auto
deduction from the paid amount as specified in Attachment I and Attachment VI of
this Amendment.
ARTICLE 5
QUALITY ASSURANCE GUARANTEE
To amend sub-article (1) Article 12 (Quality Assurance Guarantee) or the second
Amendment, become the following condition :
(1) PARTNER is responsible to submit Maintenance Guarantee Bond to TELKOM
cq. GM DIVPEM AREA II Jakarta issued by an Indonesian State Owned Bank
or a reputable International Bank amounting 5 % (five percent) of
Contract Amount excluded VAT 10 % of the Work of the RING, Network
Management System (NMS) or Supporting Facilities which has been
completed totally as discribed in Article 2 of this Amendment and
having validity for 1 (one) year after signing date or Provisional
Acceptance Certificate (PAC).
ARTICLE 6
ATTACHMENT
All attachment as follows shall be an unity that could not be separated of this
Amendment, consist of :
Attachment I:
BoQ and Price Table of DRM
Attachment II:
Telkom's approval letter
Attachment III :
Minutes OF Meetings and Clarification of Supporting Facilities
Attachment IV:
Clarifications of Addition and Reduction of Work
Attachment V:
Telkom's approval on Extention Implementation for Supporting Facilities
and Training DXC/LC
Attachment VI :
Disbursement Plan
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ARTICLE 7
OTHERS
(1) This Amendment shall become effective as of the date after signing by
both parties.
(2) Articles and / or Attachments of the Main Contract, first Amendment and
Second Amendment which are not emended by this Amendment, shall remain
prevail and legally binding to both parties.
(3) Copy from this Original Amendment was made in 25 (twenty five) copies
by PARTNER on PARTNER's own cost for the purpose of supervision of
Implementation and others.
In witness whereof, both parties have agreed to sign this Amendment as the Third
Amendment.
Signed by, for and on behalf of:
PT. TELEKOMUNIKASI INDONESIA, Tbk, KONSORSIUM
OLEX-LUCENT-BRIMBUN,
/s/ Tri Djatmiko
---------------- [STAMP]
TRI DJATMIKO /s/ Fadjar Tjoanda
------------------------ ------------------
KEPAL DIVISI PEMBANGUNAN
FADJAR TJOANDA
-------------------
PIMPINAN KONSORSIUM
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