[2021] UGPPDPAAT 11

[2021] UGPPDPAAT 11

The Tribunal found that the Contracts Committee had already made an award of contract on 9th November 2021, and any subsequent cancellation of the procurement process was ultra vires and illegal, as section 75 of the PPDA Act only permits cancellation before an award. The Accounting Officer failed to communicate a decision on the Applicant's administrative review within the statutory 10-day period, rendering the process non-compliant and vesting the Tribunal with jurisdiction. Both the Applicant and the Best Evaluated Bidder were found not qualified for award: the Applicant due to outstanding arrears and misrepresentation of compliance, and the SACCO due to failure to meet eligibility...

Citation
[2021] UGPPDPAAT 11
Parties
Applicant: Mbale United Trucks and Pickups Driver Association; Respondent: Mbale City Council
Court
Public Procurement and Disposal of Public Assets Appeals Tribunal
Jurisdiction
Uganda
Judgment Date
16 December 2021
Case Number
Application No. 31 of 31
Procedural Posture
Application for Review / Final Decision
Outcome
application partially allowed; procurement cancelled; no contract awarded; each party to bear own costs
Judges
Nerima, Panel Member, Gimara SC, Chairperson, Kakira, Kalumba
Legal Topics
Public Procurement, Bid Evaluation, Administrative Review, Contract Award, Due Diligence, Fair Hearing
Source Language
English
Administrative Law Commercial and Corporate Public Procurement Bid Evaluation Administrative Review Contract Award Due Diligence Fair Hearing

Case Brief

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Parties

Mbale United Trucks and Pickups Driver Association

Applicant

Mbale City Council

Respondent

Procedural Posture

Application for Review / Final Decision

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to review the matters raised by the application.
  2. 2 Whether the Respondent erred in law and fact when it disqualified the bid of the Applicant.
  3. 3 What remedies are available to the parties.

Ratio Decidendi

The Tribunal found that the Contracts Committee had already made an award of contract on 9th November 2021, and any subsequent cancellation of the procurement process was ultra vires and illegal, as section 75 of the PPDA Act only permits cancellation before an award. The Accounting Officer failed to communicate a decision on the Applicant's administrative review within the statutory 10-day period, rendering the process non-compliant and vesting the Tribunal with jurisdiction. Both the Applicant and the Best Evaluated Bidder were found not qualified for award: the Applicant due to outstanding arrears and misrepresentation of compliance, and the SACCO due to failure to meet eligibility...

Court Disposition

application partially allowed; procurement cancelled; no contract awarded; each party to bear own costs

Orders

  • The decisions of the contracts committee and Accounting Officer of the Respondent dated 29th November 2021 are set aside.
  • The procurement for collection of revenue from vehicles/trucks loading and offloading in Mbale City under Reference Number MBAL856/SRVCS/21-22/00009 is cancelled.