Reviewing the Position of the Principle of Proportionality in Public Procurement Contracts

Abstract

Procurement of Goods / Services carried out by the Ministry / Institution / Regional Apparatus as needed in order to support their duties and functions. The goods/services procurement process includes two components, namely the user of goods/services (Ministry/Institution/Regional Apparatus) and the Goods/Services Provider. Goods/services users and goods/services providers are bound in a Goods/Services Procurement Contract. The Goods/Services Procurement Contract is usually standardized, where the Procurement Contract is made by one party, namely the Commitment Making Officer (PPK) and the service provider is only a signing party. The different position between the goods/services user and the goods/services provider in the standard goods/services procurement contract causes the distribution of rights and obligations between the parties to be unbalanced or does not reflect the principle of proportionality.