Wakilii

GeSolution v Ministry of Lands Housing and Urban Development (Application 3 of 2024)

Tribunal · [2024] UGPPDPAAT 4 · 2024 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to review procurement decision following unsuccessful tender bid under World Bank-funded project
Decision
Application struck out as time-barred and incompetent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal struck out the application as time-barred. The applicant filed its complaint on November 9, 2023. The respondent's decision of December 1, 2023 was outside the 15-day statutory timeline under World Bank Procurement Regulations and was therefore a nullity. Under sections 89(8) and 91(2)(b) of the Public Procurement and Disposal of Public Assets Act, the applicant had ten days from December 1, 2023 to file with the Tribunal, expiring December 11, 2023. The application filed January 3, 2024 was out of time. A second complaint filed December 14, 2023 was incompetent as administrative review complaints cannot be filed in instalments.

Outcome

Application struck out as time-barred and incompetent

Facts

The Ministry of Lands, Housing and Urban Development initiated a World Bank-funded tender for systematic land adjudication and certification services for 788,000 parcels across six lots. GE Solutions submitted bids for Lots 2, 3 and 6. On October 31, 2023, the Ministry issued notifications of intention to award stating that GE Solutions' bids were unsuccessful for failing to provide power of attorney and bid security. GE Solutions filed a complaint on November 9, 2023. The Accounting Officer responded on December 1, 2023, one day beyond the 15-day statutory timeline prescribed by World Bank Procurement Regulations. GE Solutions filed a second complaint on December 14, 2023 and subsequently filed an application to the Tribunal on January 3, 2024.

Issues

  1. Whether the application before the Tribunal is competent
  2. Whether the Respondent erred when it disqualified the Applicant's bid
  3. Whether the Best Evaluated Bidders were qualified for contract award

Orders

  • The application is struck out.
  • The Tribunal's suspension order dated January 4, 2024 is vacated.
  • Each party to bear its own costs.

Rules and key headnotes

Public Procurement — Statutory Timelines — Effect of Late Decision
Where World Bank Procurement Regulations prescribe a 15-day timeline for the Accounting Officer to review and respond to a procurement complaint and by virtue of section 4(1) of the Public Procurement and Disposal of Public Assets Act the international agreement prevails over domestic legislation, a decision made outside the 15-day timeline is a nullity and no decision at all.
Public Procurement — Timelines for Filing — Computation When Accounting Officer Fails to Decide
Under sections 89(8) and 91(2)(b) of the Public Procurement and Disposal of Public Assets Act, where an Accounting Officer does not make a decision within the stipulated timeframe or makes a decision that is a nullity, the bidder has ten working days from the date of expiry of the stipulated period to file an application to the Tribunal, not from the date of the null decision.
Public Procurement — Tribunal Jurisdiction — Extension of Time
There is no enabling provision within the Public Procurement and Disposal of Public Assets Act that accords the Tribunal power to enlarge or extend statutory timelines. Once a party fails to move within the time set by law, the jurisdiction of the Tribunal is extinguished as far as the matter is concerned.
Public Procurement — World Bank-Funded Projects — Applicable Legal Framework
In World Bank-funded procurement, a complaint to the Permanent Secretary as prescribed in the bidding document is an administrative review application for purposes of the Public Procurement and Disposal of Public Assets Act. The World Bank Procurement Regulations do not prescribe a parallel complaint forum but leave resolution of procurement-related complaints to the Borrower, in this case the Government of Uganda through its three-tier process.
Public Procurement — Administrative Review — Complaints Filed in Instalments
It is not open for a bidder to seek administrative review reliefs in instalments. Litigation and administrative review in respect of any cause of action cannot be conducted in instalments. All grievances must be presented within the stipulated time. A second complaint filed as an afterthought is irregular and incompetent, and the Accounting Officer is functus officio after addressing the first complaint.

Legislation cited (13)

Cases cited (13)

  • Jennifer Nsubuga v Michael Mukundane and Shine Asiimwe (CACA No. 208 of 2018)
  • Uganda Revenue Authority v UCDA (Civil Appeal No. 31 of 2000)
  • Maxol Uganda Ltd v Uganda Electricity General Company (Application No. 3 of 2023)
  • Eclipse Edisoil JVC Ltd v Napak District Local Government (Application No. 33 of 2023)
  • Far Gostar Bistoon v Uganda Electricity Transmission Company Limited (Application No. 2 of 2023)
  • J.V KADAC-GLOBALTEC v Uganda Prisons Service (Application No. 4 of 2022)
  • Pynet Technologies SMC Ltd v Ministry of Lands, Housing and Urban Development (Application No. 1 of 2024)
  • Vital Capital Investments Limited and 2 Others v Ministry of Housing and Urban Development (Application No. 16 of 2023)
  • Sanlam General Insurance v UNRA (Application No. 29 of 2021)
  • Mugabi David v Sembabule District Local Government (Application No. 24 of 2022)
  • K-Solutions Limited v Attorney General and Public Procurement and Disposal of Public Assets Authority (Application No. 9 of 2020)
  • Dott Services Limited & Hes Infra Private Limited JV v Ministry of Water and Environment (Application No. 25 of 2021)
  • China Civil Engineering and Construction Corporation v Uganda National Roads Authority (Application No. 11 of 2023)

Full judgment

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

GeSolution v Ministry of Lands Housing and Urban Development (Application 3 of 2024) 2024 UGPPDPAAT 4 (22 January 2024)
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.