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C. Update during this reporting month of May 2015 a Payment of Compensation to PAP is scheduled for September 2015.
4.7 Anti Corruption Issues
4.7.1 Anti Corruption Action Plan ACAP
ACAP for WINRIP was developed from the previous SRIP experiences. Basically, it has the same main components of involving the Community Representative Observers CRO in the bid opening
and Third Party Monitoring TPM during the construction supervision although modification was made on the selection process of the CROs for SRIP. Within this plan there are four main pillars as
indicated separately below
a
Community Representative Observers CRO
b
Publication Disclosure
c
Complaints Handling System CHS
d
Third Party Monitoring TPM
4.7.2 Community Representative Observers CRO
The Community Representative Observers, who are required to observe the actual bidding activities, were appointed for WP-1 group. All of the CROs were university staff, selected in
accordance with the World Bank suggestion to request assistance from local universities. CRO is the independent observer who is not related directly or indirectly to the Contractors,
Consultants, and Suppliers or not be part of the WINRIP s management, and not a member of any political party.
CROs selection procedures: a.
Review the criteria and qualifications of candidates for the CRO. b. Director of Planning, DGH as Chairman of the Project Management Unit, delegated of the
authority to the selection of the CRO to the Head of National Roads Implementation Agency BBPJN Head of Procurement Services Unit Unit Layanan Pengadaan - ULP, hereinafter
referred to as Head of Balai. c.
Head of Balai to invite CRO candidates from the local universities or colleges. d. Selection of CRO to be facilitated by Balai BBPJN Procurement Services Unit Unit Layanan
Pengadaan - ULP. e. Elected CRO and substitute CRO must attend one day training to be conducted by the PMU
CTC WINRIP. f.
Head of Balai to report the result of CRO selection by attaching the Minutes of Election Meeting and send an approval application letter of the CRO to Director of Planning DGH as the
Chairman of PMU. g.
Based on the report and a written request from the Head of Balai, the Director of Planning DGH as the Chairman of PMU must sign a Letter of Agreement and the Decree of the
Establishment of CROs.
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The duties and obligations of CRO are: a. CRO must be present in any procurement activity Pre-Bid Meeting, Site Visit, Bids Submission
and Opening of Bids, and Announcement of Bids Winner by invitation of the Procurement Committee, and are required to sign the attendance list
b. If the elected CRO is unable to attend on procurement activities, a Substitute CRO shall be appointed to attend these activities.
c. In discharging of duties the Substitute CRO have the same responsibilities as elected CRO.
d. The CRO Substitute CRO, after attending the Procurement activities, required to make a report of hisher activities and submit them to the PMU and copy furnished to the related
Head of Balai.
CRO as the representative of the community is to be independent observers and in performing their duties voluntarily and not demanding benefits of their works.
In the performance of its duties, the CROs receive transportation cost from their home office to the location of procurement meeting, and also he she also receives per diem or Out Station
Allowance OSA and hotel accommodation if necessary to stay. CROs also get additional charged for their reporting costs. The financing standards adjusted to the General Cost Standard Standar
Biaya Umum issued by the Ministry of Finance. The CRO s financing charged to the Contract for Consulting Services for Technical Assistance for
Core Team Consultants CTC No: 06-20CTCTALN80431112, dated 5 November 2012.
4.7.3 Publication Disclosure
The second task under ACAP is publication of related ACAP documents for public disclosure with easy access to the general public and this is mainly manifest in the ACAP segment of the WINRIP
website. This ACAP section has been being designed to attain the best possible transparency of the project.
Ministry of Public Work MPW will provide necessary information in the Project Implementation Plan PIP, Project Management Manual PMM on its website, and in the bidding documents, such
as contact point for complaint mail and e-mail address, phone, fax, text message. The contact will also include the Bank s Fraud and Corruption Hotline. MPW will hold Annual Accountability
Meetings to enhance accountability and project information sharing with civil society. The PMM will provide guidelines on disclosure of information related to the project. MPW official website
will display critical information on WINRIP to enhance both internal and external monitoring of the project:
•
Work Plan and Procurement Plan.
•
Quarterly newsletter containing information on the list of contracts, implementation progress, projects related activities, number, types and status of complaints in each location. The
newsletter will also be made available to civil society in hard copy and through electronic mailing system.
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•
Mid-Term Review Report, promptly after completion of the mid-term review implementation support is carried out in accordance with the loan agreement;
•
All final audit reports financial or otherwise, including qualified audit reports prepared in accordance with the loan agreement and all formal responses of the government in relation to
such reports. The publication should be done within one month after the report is accepted as final.
•
Contracts awarded with information on general scope of work with location, value, and summary information of the awarded firms contractors. The practice in other projects
demonstrates that disclosure of contracts awarded will help in reducing fraudulent practices Ministry of Public Works PU maintains a website: http:www.pu.go.id, with a link to
eproc.pu.go.id for information on semi e-procurement or e-procurement. PMU WINRIP supported by CTC will develop his own website: http:www.winrip-ibrd.com, and with it all the
information and data about WINRIP be inputted or uploaded on this site. In the application of one of the components of ACAP, the public disclosure and transparency, it is
necessary to spread information and increase the capacity of all stakeholders involved in the implementation of this WINRIP project, through a variety of relevant training. The trainings have
been expressed in the ToR of CTC WINRIP and described in the Project Implementation Plan PIP. One of the major risks to effective project implementation and management derives from the
likelihood that project management staff does not have adequate training in or experience of the management of large-scale projects.
4.7.4 Complaints Handling Mechanism CHS
The ACAP as adopted by the Ministry of Public Works for WINRIP states on the subject of Complaints Handling System . The Community Development Specialist and the Management
Information Specialist will play a crucial role in the set-up of the Complaints Handling System CHS within PMU, in cooperation with the PMU officers in charge of the Complaints Handling Unit
CHU. CHS essentially has four main components as follows:
•
Data Entry. All complaints were expected to be submitted through the WINRIP website but in fact, to
date, most complaints have been received by letter, either directly or indirectly, although a few were sent by fax or email. However, to attain the best possible transparency of the
project, complaints submitted manually through letter, facsimile, telephone, e mail or visit to the Public Works regional offices will be entered in the WINRIP website by the CHS team
of CTC. The possibility of using the short message service SMS from a cell phone for complaints was considered and it was decided that all SMS messages, although not treated
as formal complaints, will be recorded as additional information.
•
Complaint Registration. Every submitted complaint is registered and stored into the CHS database, categorized, and
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sent to the correlated expert for future consultation in order to formulate a response.
•
Complaint Assessment. The CHS Team assesses the urgency and complexity of all complaints. Simple complaints are
followed by the formulation of a response for PMU s approval before uploading the formal response into the WINRIP website. Complex complaints are followed by a thorough
investigation.
•
Field Investigation and Analysis. In the case of an investigation being required, the CHS team will make field visits and take
necessary action such as discussion with related institutions Satker, Dinas, Supervision Consultant, etc; invite the complainer; interview the contractor; etc. Findings will be used
for analysis to formulate a conclusion, solution, next action and any further decision.
4.7.5 Third Party Monitoring TPM
All WINRIP packages are designed to have external parties involved in conducting an independent assessment of the project throughout construction. Project information is accessible through the
WINRIP website under construction, project information booth which is normally maintained in the PPKSatkerDinas office or, project announcement billboard at each site. ACAP requires a
third party, from outside the project, to independently monitor the progress of construction work of each link and these personnel are provided by universities nearby each package.
It was decided that the best method of recruitment for TPM was through the universities closest to each package and PMU mailed invitations asking them to express their interest in forming
independent monitoring teams of Third Party Monitors. This concept is based on the fact that UniversitiesTechnical Faculties have the engineers available for recruitment and Universities could
use this opportunity to be involved in public service. It is hoped that this concept will be more effective and more efficient in getting legitimate, competent, independent Third Party Monitoring
TPM. The duties of a TPM included:
a
Report to the PPK for his intended package and obtain copies of all drawings and contract documentation.
b
Make at least three 3 separate visits to site, with each visit up to four 4 days long, and ascertain that the works are being carried out in compliance with the drawings and
documentation.
c
Prepare and submit a report for the PMU following each visit with their last report post PHO.
4.8 Road Safety Audit
