Wakilii

Mbarara City Truck Owners Drivers Loaders Cooperative Limited v Mbarara City Council [2025] UGPPDPAAT 54

Tribunal · 2025 Application Partly Allowed — Procurement Cancelled AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for administrative review of procurement decision following failure of Accounting Officer to respond within statutory timeframe
Decision
Procurement cancelled; respondent may re-tender if it wishes

Observed later treatment

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Holding

The Tribunal held that the application was competent despite non-payment of administrative review fees where the Accounting Officer failed to guide the applicant on payment modalities. The Tribunal found that the Accounting Officer's observations during administrative review were not binding on the Evaluation Committee, which retained independent evaluation powers. Both bidders failed to prove they were formed by truck owners and drivers within the relevant parks, and the evaluation criterion was vague and non-compliant with procurement regulations requiring precise statements of requirements. The procurement was cancelled.

Outcome

Procurement cancelled; respondent may re-tender if it wishes

Facts

Mbarara City Council initiated procurement for collection of lorry parking fees in South and North divisions. Two cooperative societies submitted bids. Following multiple evaluation rounds, administrative reviews, and a prior Tribunal decision (Application 43 of 2024), the Evaluation Committee repeatedly found the applicant non-responsive for failing to prove it was formed by truck owners and drivers within the relevant parks. The applicant filed an administrative review complaint on February 24, 2025, requesting guidance on payment of fees. The Accounting Officer did not respond within the statutory ten-day period. The applicant then filed the instant application with the Tribunal on March 7, 2025.

Issues

  1. Whether the application is competent before the Tribunal?
  2. Whether the Evaluation Committee acted contrary to the administrative review decision of the Accounting Officer?
  3. Whether the Evaluation Committee re-evaluated the bids in accordance with the criteria in the bidding document?
  4. What remedies are available to the parties?

Orders

  • Application allowed in part.
  • Contract award to Ankole United Truck Owners & Drivers Cooperative Society Ltd set aside.
  • Procurement for collection of revenue from Lorry Parking Fees (Loading and Offloading) in South and North divisions under procurement reference number Mbar 609/Srvcs/2024-2025/00015 cancelled.
  • Respondent may re-tender the requirement if it so wishes.
  • Tribunal's March 7, 2025 suspension order vacated.
  • Each party to bear its own costs.

Rules and key headnotes

Administrative Law — Public Procurement — Administrative Review Fees — Duty of Accounting Officer to Guide Bidders
Where a bidder requests guidance on payment of administrative review fees, the Accounting Officer of a procuring entity is required to advise bidders on the fees to be paid based on the value of the procurement and to put in place guidance on receipt of fees and the administrative review application.
Administrative Law — Public Procurement — Competence of Application — Failure of Accounting Officer to Decide Within Statutory Period
Where an Accounting Officer does not make or communicate a decision within ten days from receipt of an administrative review complaint as required by section 106(7) of the Public Procurement and Disposal of Public Assets Act, the bidder is at liberty to make an application to the Tribunal within ten days from the expiry of the period given to the Accounting Officer.
Administrative Law — Public Procurement — Powers of Evaluation Committee — Independence from Accounting Officer's Observations
The statutory power to evaluate bids is vested in the Evaluation Committee under section 39(1) of the Public Procurement and Disposal of Public Assets Act. Where an Accounting Officer orders re-evaluation of bids, the Evaluation Committee is entitled to independently make its own findings and recommendations. The Accounting Officer's observations during administrative review are not binding on the Evaluation Committee; only the corrective measures ordered are binding.
Administrative Law — Public Procurement — Evaluation Criteria — Requirement for Precision and Clarity
A procuring entity must, when preparing bidding documents, ascertain that the statement of requirements defines the requirement precisely and in a manner that leaves no doubt or assumption by a bidder. An evaluation criterion that does not specify the proof required and is vague or misleading does not comply with regulation 34(2) and regulation 42(a) of the Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations, 2023.
Administrative Law — Public Procurement — Policy on Market Management — Priority to Sitting Tenants and Park Operators
The Government Policy Decision on the Development and Management of Markets dated 17th September 2007 is purposed to enable registered associations of sitting tenants who own stalls, kiosks, or park operators to be given priority to redevelop and manage markets or lorry parks. The relevant factor is the current operators in the parks, not merely the members who formed the association in the past.

Legislation cited (10)

Cases cited (5)

  • Public Procurement and Disposal of Public Assets Authority v Pawor Park Operators and Market vendors SACCO (Civil Appeal No. 3 of 2016)
  • Mbarara City United Bikadde Market Vendors Association v Mbarara City Council (Application No. 23 of 2023)
  • Lira Smoked and Silver Fish Vendor Cooperative Society Limited v Lira City Council (Application No. 5 of 2023)
  • Mbarara City Truck Owners, Drivers and Loaders Cooperative Society Limited v Mbarara City Council (Application No. 19 of 2024)
  • Application No. 43 of 2024

Full judgment

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Mbarara City Truck Owners Drivers Loaders Cooperative Limited v Mbarara City Council 2025 UGPPDPAAT 54 (28 March 2025)
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