China Civil Engineering and Construction Corporation v Uganda National Roads Authority (Application 11 of 2023)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Tribunal held that it had jurisdiction to hear procurement-related complaints under the Public Procurement and Disposal of Public Assets Act notwithstanding World Bank financing, as the financing agreement did not oust the Tribunal's jurisdiction. However, the application was struck out because the applicant lacked locus standi: its bid validity had expired before filing the application, and the respondent's failure to request bid extension meant the applicant was no longer a bidder within the meaning of the Act at the time of filing.

Outcome

Application struck out for lack of locus standi due to expired bid validity

Facts

Uganda National Roads Authority initiated procurement for civil works to upgrade Koboko-Yumbe-Moyo road using World Bank financing. Sixteen firms submitted bids. The applicant's bid was rejected at technical evaluation on grounds that its Environmental and Social Health Management Strategies and Implementation Plans did not meet specified requirements. The applicant sought administrative review from the Accounting Officer on May 23, 2023. The Accounting Officer dismissed the complaint on June 7, 2023. The applicant filed this application on June 21, 2023. The applicant's bid validity had been extended to June 9, 2023. When the applicant sought administrative review, the respondent requested bid extensions only from the five bidders who had qualified for financial opening, not from the applicant or other unsuccessful bidders. The applicant's bid therefore expired on June 9, 2023, before it filed this application on June 21, 2023.

Issues

1. Whether the Tribunal has jurisdiction to entertain this application.
2. Whether the Applicant has locus standi before the Tribunal.
3. Whether the administrative review decision of the Accounting Officer of the Respondent dated June 7, 2023 was made and communicated outside the statutory period and is therefore null and void.
4. Whether it was erroneous for the Entity to reject the Applicant's bid on account that the five grounds of non-compliance regarding Environmental and Social Management Strategies and Implementation Plans upon which the Applicant's bid was rejected were not part of the evaluation criteria.
5. Whether the Applicant's bid is substantially responsive to the Environmental and Social Management specifications in the bidding document.

Orders

• The Application is struck out.
• The Tribunal's suspension order dated June 13, 2023, is vacated.
• Each party shall bear its own costs.

Rules and key headnotes

Legislation cited (11)

• Public Procurement and Disposal of Public Assets Act s.3
• Public Procurement and Disposal of Public Assets Act s.4(1)
• Public Procurement and Disposal of Public Assets Act s.4A(2)
• Public Procurement and Disposal of Public Assets Act s.89(6)
• Public Procurement and Disposal of Public Assets Act s.89(7)
• Public Procurement and Disposal of Public Assets Act s.89(8)
• Public Procurement and Disposal of Public Assets Act s.89(9)
• Public Procurement and Disposal of Public Assets Act s.91I(1)(a)
• Public Procurement and Disposal of Public Assets Act s.91I(1)(b)
• Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2014 Regulation 52(3)
• Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2014 Regulation 52(5)

Cases cited (15)

• K Solutions Limited v Attorney General & PPDA (Application No. 9 of 2020)
• Dott Services Limited & Hes Infra Private Limited JV v Ministry of Water and Environment (Application No. 25 of 2021)
• JV AGT S.P.A & Zhucheng Dingcheng Machinery Co. Ltd (Application No. 29 of 2022)
• Apple Properties Limited v Uganda Human Rights Commission (Application No. 6 of 2023)
• Maxol Uganda Limited v Uganda Electricity Generation Company Limited (Application No. 3 of 2023)
• Mixjet Flight Support FZE v Uganda National Airlines Company Limited (Application No. 4 of 2023)
• Apple Properties Ltd v Uganda Human Rights Commission (Application No. 1 of 2023)
• Frida B Kwikiriza v Bullisa District Local Government (Application No. 28 of 2022)
• Ateker Community Energy Cooperative Ltd v Katakwi District Local Government (Application No. 44 of 2022)
• Dolamite Engineers Services Limited v Attorney General and Public Procurement & Disposal of Public Assets Authority (Civil Suit No. 599 of 2014)
• K-Solutions Ltd v Ministry of Energy and Mineral Development (Application No. 16 of 2021)
• Earth Savers Movement Uganda Chapter v Uganda Electricity Transmission Company Limited (Application No. 15 of 2022)
• MBJ Technologies Limited v Mbarara City & Ors (Application No. 17 of 2022)
• Mbarara City & Anr v Obon Infrastructure Development JV (Civil Appeal No. 45 of 2021)
• JV AGT S.P.A & Zhuzheng Dingheng Machinery Co. Ltd v Private Sector Foundation Uganda (Application No. 29 of 2022)

The original judgment as reported. Read the original PDF before relying on any passage.