Wakilii

Fara Gostar Bistoon v Uganda Electricity Transmission Company Limited (Application No 2 of 2023)

Tribunal · [2023] UGPPDPAAT 3 · 2023 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of procurement cancellation decision before the Public Procurement and Disposal of Public Assets Appeals Tribunal
Decision
Application struck out for lack of competence

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal struck out the application on grounds of incompetence. The Applicant lacked locus standi because its bid validity expired on 31 January 2023 before the oral hearing on 7 February 2023, meaning it was no longer a bidder. Additionally, the Applicant failed to first lodge a complaint with the Accounting Officer before approaching the Tribunal as required under section 91I of the Public Procurement and Disposal of Public Assets Act 2003.

Outcome

Application struck out for lack of competence

Facts

On 19 May 2022, the Respondent invited bids for supply of five 132kv double circuit transmission line monopole towers. Four bidders submitted bids by 29 June 2022. On 4 October 2022, Fara Gostar Bistoon was declared the Best Evaluated Bidder at UGX 2,829,588,800. Precise Engineering Services Limited challenged the award through administrative review and later before the Tribunal in Application No. 43 of 2022. On 28 November 2022, the Tribunal allowed that application and remitted the procurement for re-evaluation within ten days. On 20 December 2022, the Respondent's Contracts Committee approved cancellation of the procurement due to ambiguities in the Statement of Requirements. On 27 December 2022, all bidders were notified of the cancellation. On 25 January 2023, Fara Gostar Bistoon filed this application seeking review of the cancellation. The bid validity period for all bids expired on 31 January 2023.

Issues

  1. Whether there is a competent application before the Tribunal?
  2. Whether the Applicant has locus standi to file the application with the Tribunal?
  3. Whether the application was filed within time?
  4. Whether there was a lawful cancellation of the procurement process?

Orders

  • The Application is struck out.
  • The suspension order dated 25th January 2023 is vacated.
  • Each party should bear own costs.

Rules and key headnotes

Public Procurement — Locus Standi — Bid Validity Period
A bidder loses locus standi to challenge procurement decisions before the Public Procurement and Disposal of Public Assets Appeals Tribunal once the bid validity period expires, as expiry of bid validity means one is no longer regarded as a bidder.
Public Procurement — Jurisdiction — Tribunal Competence
The Tribunal is duty bound to inquire into the existence of facts in order to decide whether it has jurisdiction, as jurisdiction must be acquired before judgment is given.
Public Procurement — Administrative Review — Exhaustion of Remedies
An applicant seeking to invoke the jurisdiction of the Public Procurement and Disposal of Public Assets Appeals Tribunal under section 91I(1)(b) must first lodge a complaint with the Accounting Officer of the procuring entity and be aggrieved by the administrative review decision, unless the applicant demonstrates that the Accounting Officer has a conflict of interest under section 91I(1)(c).

Legislation cited (7)

Cases cited (5)

  • Kafophan and SIAAP Consortium v Ministry of Agriculture Animal Industry and Fisheries & Youth Alive Uganda (Application No. 31 of 2022)
  • World Standardization Certification & Testing Group (Shenzen) Co. Ltd v Uganda National Bureau of Standards (Application No. 46 of 2022)
  • Kasokosoko Services Ltd v Jinja School of Nursing and Midwifery (Application No. 13 of 2021)
  • Kafophan Siap Consortium v Ministry of Agriculture, Animal Industry and Fisheries & Youth Alive Uganda (Application No. 31 of 2022)
  • Application No. 43 of 2022

Full judgment

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

Fara Gostar Bistoon v Uganda Electricity Transmission Company Limited (Application No 2 of 2023) 2023 UGPPDPAAT 3 (17 February 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.