ICC DECIDES THREE ROAD CONSTRUCTION TENDER CASE PACKAGES IN BANGKA BELITUNG.

ICC announced a decision on 3 (three) cases of Alleged Bid Rigging related to Tender for the Improvement and Expansion of Jalan Tanjung Pandan – Simpang Empat at the Public Works and Spatial Planning Service Office of the Regional Government of the Bangka Belitung Islands Province in the 2018 Fiscal Year Regional Revenues and Expenditures Budget. The Commission Panel decided in a Hearing for the Reading Out of Decision on November 24, 2020 that the Reported Parties are not proven to have violated Article 22 of Law Number 5 Year 1999 regarding Prohibition of Monopolistic Practices and Unfair Business Competition as demanded in such case.

The said case is a case coming from the initiative of ICC and was registered under Case Numbers 24/KPPU-I/2019 (Package I), 25/KPPU-I/2019 (Package II), and 26/KPPU-I/2019 (Package III). The Commission Panel stated that the various facts and proofs presented in the hearing process were not adequate to conclude that there had been a conspiracy among the Reported Parties in making one of the Reported Parties win as the winner of the tender a quo. The Commission Panel also assessed the impact of the COVID-19 pandemic as one of the factors worth considering in the case handling process and the Commission’s Decision making.

In its decision, the Commission Panel recommended the Commission to give suggestions and considerations to the Government as follows:

1. To the Governor of Bangka Belitung Islands Province to:
    
   1. Scale up the supervision of Commitment Making Officials (PPK) and Working Groups (Pokja) so as to perform their duties and functions in a professional and comply with the applicable regulations regarding the procurement of goods and services;

    

   2. Specifically develop goods and services procurement processes by disseminating information and giving technical guidance intensively to all planning, implementing, and supervisory officials in the related agencies so that the subsequent tenders can be conducted with due observance of the principles of fair business competition in accordance with the applicable provisions;

    

   3. Plan tenders at the Public Works and Public Housing Service Office of the Province of Bangka Belitung Islands with due observance of the availability of certified human resources and rational distribution of workloads; and

    

   4. Conduct goods and/or services procurement processes with due observance of the principles of fair business competition in accordance with the provisions of Law Number 5 Year 1999 regarding Prohibition of Monopolistic Practices and Unfair Business Competition.

    

2. To the National Public Procurement Agency (LKPP) to:
    
   1. Accommodate the authority of the Working Group of the Procurement Service Unit as intended in the Elucidation of Article 83 paragraph (1) sub-paragraph e of Presidential Regulation Number 70 Year 2012 and Regulation of the National Public Procurement Agency (LKPP) Number 9 Year 2018 regarding Implementation Guidelines for the Procurement of Goods/Services through Providers, in the form of granting facilities, amenities, infrastructure, and/or tools needed to see indications of conspiracy in tender offers;

    

   2. Accommodate the authority of the Working Group of the Procurement Service Unit in conducting technical evaluations against tender participant bids, namely in accessing IP Addresses so as to facilitate electronic Procurement of Goods and Services in accordance with the principles of fair business competition;

    

   3. Revise regulation related to the Procurement of Government’s Goods/Services that authorizes the Working Group of the Procurement Service Unit to evaluate the bids put forward by tender participants; and

    

   4. Provide training for the Working Group of the Procurement Service Unit on the processes of the Procurement of Government’s Goods/Services in accordance with technological advances that refer to the implementation of e-tendering.