Wakilii

Gulf Africa Limited v National Information technology Uganda [2024] UGPPDPAAT 40

Tribunal · 2024 Application Granted — Procurement Cancelled AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of Accounting Officer's decision rejecting procurement-related complaint
Decision
Procurement cancelled; respondent at liberty to re-tender

Observed later treatment

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Holding

The Tribunal held that it has jurisdiction over World Bank-financed procurements where the Public Procurement and Disposal of Public Assets Act applies and no conflict with international obligations is shown. The Tribunal cancelled the procurement after the respondent refused to produce documents ordered by the Tribunal, finding that it could not conduct a merits review without the procurement file.

Outcome

Procurement cancelled; respondent at liberty to re-tender

Facts

NITA-U initiated a World Bank-financed procurement for 2000 devices (1000 desktops and 1000 laptops) through open international competitive bidding. Eleven bidders submitted bids. Netcon Technologies India Private Limited was declared successful bidder. Gulf Africa Limited's bid was rejected for failing to demonstrate two contracts worth at least UGX 4 billion each within the last three years. Gulf Africa filed a procurement-related complaint with NITA-U, which was rejected by the Accounting Officer. Gulf Africa then applied to the Tribunal for review. The Tribunal ordered NITA-U to produce the procurement action file and all related documents. NITA-U refused to comply, citing World Bank confidentiality requirements and stating that the World Bank had directed them to maintain confidentiality. Despite witness summons and further orders, NITA-U persisted in refusing to produce the documents.

Issues

  1. Whether the Tribunal has jurisdiction over a procurement financed by the World Bank under World Bank Standard Procurement Documents.
  2. Whether the Tribunal can objectively determine the application without access to the procurement action file and bids ordered to be produced.
  3. What remedies are available to the parties.

Orders

  • The tender for the supply of Two Thousand (2000) Devices (1000 Desktops under Lot 1 & 1000 Laptops under lot 2) through procurement reference number NITA-U/UDAP/SUPLS/2023-2024/00012 is hereby cancelled.
  • The Respondent is at liberty to re-tender the procurement process if it so wishes.
  • The Respondent is ordered to refund the administrative review fees that the Applicant paid on August 28, 2024.
  • The Tribunal's suspension order dated September 9, 2024, is vacated.
  • Each Party to bear its own costs.

Rules and key headnotes

Tribunal Jurisdiction — World Bank-Financed Procurements — Conflict with International Obligations
The Public Procurement and Disposal of Public Assets Act applies to procurements by Ugandan procuring entities even where financed by the World Bank, unless there is evidence that the Act conflicts with an obligation of the Republic of Uganda arising out of an agreement with an international organisation, in which case the agreement prevails under section 3(1) of the Act.
Tribunal Powers — Production of Documents — Contempt of Tribunal Orders
A tribunal exercising statutory powers to summon documents under section 116(2) of the Public Procurement and Disposal of Public Assets Act has the same powers as the High Court, and refusal to comply with such orders without lawful justification constitutes contempt and may result in adverse consequences including cancellation of the procurement.
Merits Review — Inability to Review Without Documents
Where a tribunal conducting merits review of a procurement decision is unable to access the procurement action file and bids due to a party's refusal to produce them, the tribunal is constrained in executing its statutory mandate to adjudicate the merits, and the natural consequence is cancellation of the procurement.
Confidentiality Requirements — Limits on Invocation Against Tribunals
A confidentiality requirement in bidding documents ceases to apply once the intention to award contract is transmitted to all bidders, and in any event cannot be invoked against a tribunal or court with statutory mandate to adjudicate procurement disputes.

Legislation cited (6)

Cases cited (12)

  • Vital Capital Investments Ltd & others v Ministry of Lands Housing & Urban Development (Application No. 16 of 2023)
  • Arua Municipal Council v Arua United Transporters SACCO (Civil Appeal No. 25 of 2017)
  • Lion v Firebuy Limited [2007] All ER (D) 177
  • Letting International v Newham London Borough Council [2008] EWHC 1583 (QB)
  • Goldstar Insurance v UNRA (Application No. 4 of 2024)
  • K-Solutions v Ministry of Water & Environment (Application No. 8 of 2024)
  • 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 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)
  • Opiyo v M/S M. Oyet & Co Advocates & 4 Ors (Civil Suit No. 0019 of 2016)
  • Public Procurement and Disposal of Public Assets Authority v Peace Gloria (Civil Appeal No. 0006 of 2016)
  • Public Procurement and Disposal of Public Assets Authority v Pawor Park Operators and Market Vendors SACCO (Civil Appeal No. 0003 of 2016)

Full judgment

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Gulf Africa Limited v National Information technology Uganda 2024 UGPPDPAAT 40 (27 September 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.