Wakilii

Gabikan Engineering Limited v Ministry of Works and Transport and Another [2025] UGPPDPAAT 51

Tribunal · 2025 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of procurement decision under section 115 of the Public Procurement and Disposal of Public Assets Act
Decision
Application struck out on preliminary grounds of lack of locus standi and time bar

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal struck out the application on two preliminary grounds. First, the applicant lacked locus standi because its bid validity expired on March 31, 2024, before filing the application on December 24, 2024, thereby ceasing to be a bidder under the Public Procurement and Disposal of Public Assets Act. Second, the application was time-barred, having been filed outside the statutory 10-day period following the Accounting Officer's failure to respond to the administrative review complaint.

Outcome

Application struck out on preliminary grounds of lack of locus standi and time bar

Facts

The Ministry of Works and Transport invited bids for construction of a Maritime Rescue Coordination Centre in Entebbe funded by the African Development Bank. Seventeen bids were received on August 9, 2023. The first evaluation recommended Zhonghao Construction Engineering Co. Ltd, which received no objection from the Bank on December 23, 2023. The Contracts Committee rejected this and constituted a new evaluation committee which recommended Gabikan Engineering Limited on April 24, 2024, rejecting Zhonghao's bid for falsification of documents. The Contracts Committee approved the award to Gabikan on May 14, 2024. However, Zhonghao complained to the African Development Bank, which demanded compelling reasons for the re-evaluation. On October 15, 2024, the Contracts Committee reversed its decision and awarded the contract to Zhonghao. Gabikan filed this application on December 24, 2024, challenging the award to Zhonghao. Gabikan's bid validity expired on March 31, 2024, while Zhonghao extended its bid validity multiple times, remaining valid until December 12, 2024.

Issues

  1. Whether the Applicant has locus standi before the Tribunal?
  2. Whether the Application is time-barred?

Orders

  • The Application is struck out.
  • The Tribunal's suspension order dated December 24, 2024 is vacated.
  • Each Party to bear its own costs.

Rules and key headnotes

Public Procurement — Locus Standi — Bid Validity Period
A bidder whose bid validity period has expired is no longer a bidder in the actual sense and has no locus standi to apply for administrative review under section 115(1)(a) and (c) of the Public Procurement and Disposal of Public Assets Act Cap 205.
Public Procurement — Locus Standi — Change of Status
A bidder who participated in a procurement process cannot change status to become a person whose rights are adversely affected by the decision of the Accounting Officer for purposes of obtaining locus standi before the Tribunal under section 115(1)(b) of the Public Procurement and Disposal of Public Assets Act Cap 205.
Public Procurement — Bid Validity — Legal Effect of Expiry
The expiry of a bid validity period before the date stipulated in the bidding document or before the conclusion of the procurement process leads to the conclusion that the bid submitted is no longer valid and thus non-existent, and once the bid validity expires, the procurement process comes to an end.
Public Procurement — Time Limits — Statutory Compliance
Time limits set by the Public Procurement and Disposal of Public Assets Act are matters of substantive law and not mere technicalities and must be strictly complied with; once a party fails to move within the time set by law, the Tribunal's jurisdiction is extinguished as far as the matter is concerned.
Public Procurement — Administrative Review — Time for Filing Application
Where the Accounting Officer has not made an administrative review decision within the statutory 10-day period, the time within which a dissatisfied bidder ought to file an application with the Tribunal commences on the day following the expiry of the 10-day period and lapses 10 days thereafter.
Statutory Interpretation — Extension of Time
A court or tribunal has no residual or inherent jurisdiction to enlarge or extend a statutory time period where there is no enabling provision within the statute according such power.

Legislation cited (18)

Cases cited (19)

  • Kasokoso Services Limited v Ginja School of Nursing and Midwifery (Application No. 13 of 2021)
  • Meera Investment Limited v National Lotteries and Gaming Regulatory Board & Riverstone Africa Ltd/Grand Capital Reality (Application No. 44 of 2024)
  • Kazini Fredric v PPDA (Application No. 16 of 2015)
  • Twed Property Development Limited v PPDA (Application No. 9 of 2015)
  • Mbarara City & Anr v Obon Infrastructure Development JV (Civil Appeal No. 45 of 2021)
  • Globe World Engineering Uganda Limited v Mbarara City Council and Another (Application No. 14 of 2023)
  • China Civil Engineering and Construction Corporation v Uganda National Roads Authority (Application No. 11 of 2023)
  • MBJ Technologies Limited v Mbarara City & Ors (Application No. 17 of 2022)
  • Apple Properties Limited v Uganda Human Rights Commission (Application No. 6 of 2023)
  • Tijos Investment Ltd v Lira City Council (Application No. 5 of 2024)
  • E Solutions v Ministry of Lands, Housing and Urban Development (Application No. 3 of 2024)
  • Engineering Solutions (U) Ltd v Ministry of Agriculture, Animal Industry and Fisheries (Application No. 39 of 2022)
  • Raxio Data Centre SMC Limited v Bank of Uganda (Application No. 21 of 2024)
  • Galleria in Africa Ltd v Uganda Electricity Distribution Company Ltd (Civil Appeal No. 08 of 2017)
  • Uganda Revenue Authority v Uganda Consolidated Properties Ltd (Civil Appeal No. 31 of 2000)
  • APA Insurance Ltd v Uganda National Roads Authority (Application No. 02 of 2022)
  • Makula International Ltd v Cardinal Nsubuga & Another (Civil Appeal No. 4 of 1981)
  • Sitenda Sebalu v Sam K. Njuba & Another (Election Petition Appeal No. 5 of 2007)
  • JV AGT S.P.A & Zhucheng Dingcheng Machinery Co. Ltd v Private Sector Foundation Uganda (Application No. 29 of 2022)

Full judgment

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Gabikan Engineering Limited v Ministry of Works and Transport and Another 2025 UGPPDPAAT 51 (15 January 2025)
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.