Disinyalir Tidak Transparan, Lelang Pembangunan Kawasan Masjid Raya An-Nur Disomasi Eggi Sudjana.

Daerah, Hukum10,323 views

Pekanbaru (13/072022) Tim Pengacara Eggi Sudjana & Partners melayangkan somasi kepada Kepala Biro Pengadaan Barang dan Jasa Pemerintah Provinsi Riau. Bertindak untuk dan atas nama serta mewakili kepentingan hukum PT. Sultana Anugrah berdasarkan Surat Kuasa Khusus tertanggal 12 Juli 2022, ditanda tangani Prof. Dr. Eggi Sudjana,S.H.,M.Si. advokat pada kantor hukum Eggi Sudjana & Partners yang berkantor di Jl. Tanah Abang III No. 19 C-D Jakarta Pusat.
Dalam somasinya menyampaikan ; bahwa kliennya merupakan peserta pemilihan penyedia barang/jasa pada pelelangan pekerjaan pembangunan kawasan Masjid Raya An-Nur Provinsi Riau, pada Dinas PUPRPKPP Provinsi Riau Tahun Anggaran 2022. Saat ini pemenang lelang telah ditetapkan, dan menurutnya, kliennya dinyatakan tidak lulus pada hasil evaluasi teknis dikarenakan adanya hasil verifikasi yang menyatakan surat dukungan membrane yang disampaikan kliennya tidak sesuai yang dipersyaratkan. Lebih lanjut menurutnya, bahwasanya produk membrane yang dimintakan dari 2 (dua) merk yang dipersyaratkan yakni merk Serge Ferrari dan HEYtex, dimana membrane yang sesuai dengan spesifikasi yang dimintakan hanya ada pada merk HEYtex. Sedangkan kliennya telah mendapatkan surat dukungan dari PT. Nusindoprima Indah sebagai salah satu penyedia membrane yang menjadi syarat yang dimintakan.


Selanjutnya, ternyata kliennya telah dinyatakan tidak lulus pada tahap hasil evaluasi teknis, dengan alasan surat dukungan yang tidak dikeluarkan prinsipal.
“Perlu kami jelaskan prinsipal yang saudara maksud, jika surat dukungan harus dikeluarkan oleh produsen atau pabrikan yang membuat produk, dimana pabrik ataupun produsen yang membuat membrane merk HEYtex tersebut berada di German, USA dan China, apakah dengan waktu yang relatif singkat (Lima Hari Kerja), bisakah didapatkan surat dukungan dari produsen/prinsipal tersebut? Maka saudara sangatlah keliru. Sekiranya benar surat dukungan tersebut dikeluarkan oleh produsen/prinsipal yang dimaksud, maka tentunya berbahasa di luar bahasa Indonesia dan ini jelas-jelas bertentangan dengan Dokumen Lelang jika berbahasa asing, karena bahasa Pelelangan menggunakan bahasa Indonesia,” ujar Eggi Sudjana dalam surat somasinya. Lanjutnya, maka dengan ini perlu kami tegaskan kembali, bahwa Biro Pengadaan Barang dan Jasa Pemerintah Provinsi Riau telah keliru mengartikan prinsipal, yang mana makna harfiah dari prinsipal tersebut dapat dimaknai dengan yang menguasai atau dapat menyediakan matrial dari sebuah produk dalam hal ini membrane merk HEYtex tersebut, yakni Distributor Resmi, Agen Resmi yang menyediakan membrane.
Eggi melanjutkan, menurutnya bahwa apabila dalam waktu singkat ( kurang dari seminggu) sekiranya adanya pemenang yang telah memenuhi surat dukungan yang dimintakan, pihaknya dapat kuat menduga bahwa informasi tidak diberikan secara merata kepada peserta lelang, pasti ada yang diistimewakan. “Untuk itulah, harus dibongkar peristiwa tidak meratanya informasi kepada semua peserta lelang, termasuk klien kami,” tegas Eggi Sudjana. Lanjut Eggi, apabila proses lelang ini berlangsung jujur, benar dan adil, dapatlah disimpulkan kliennya sebagai pemenangnya dalam proses pelelangan, dikarenakan hanya 2 peserta lelang yang memberikan surat dukungan dan kliennyalah yang menawar dengan harga terendah, lebih rendah dari yang ditetapkan sebagai pemenang sekarang. Tetapi mengapa kliennya tidak diluluskan, hal ini menurutnya justru anomali dari proses lelang, ada apa?
“Karena itu, kami meminta untuk mengevaluasi pemenang proyek yang telah ditetapkan, dengan kata lain harus dibatalkannya pemenang sekarang demi hukum dalam waktu 3×24 jam terhitung sejak diterimanya surat somasi, guna menghindari upaya hukum kami, baik secara pidana maupun perdata,” pungkas Eggi Sudjana.
Surat somasi yang disampaikan tertuju Kepala Biro Pengadaan Barang dan Jasa Provinsi Riau itu juga ditembuskan kepada Gubernur Riau, Kapolda Riau, Kajati Riau, Wagub Riau, Sekda Riau, Kadis PUPRPKPP Riau. (Ibra/Wn)

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