Meals on Wheels Limited in Joint Venture with Maze Establishments Limited v Uganda Civil Aviation Authority [2025] UGPPDPAAT 38

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The Tribunal struck out the application on the ground that the applicant lacked locus standi. The applicant's bid validity expired on 16 July 2025, before it filed its administrative review complaint on 22 July 2025. Once bid validity expires, the procurement process ends for the affected bidder and any application based on an expired bid is incompetent. A bidder who actually participated in procurement cannot reclassify as a person whose rights are adversely affected to gain standing under section 115(1)(b) of the Public Procurement and Disposal of Public Assets Act.

Outcome

Application struck out for lack of locus standi due to expired bid validity

Facts

Uganda Civil Aviation Authority initiated a procurement for duty-free retail shops, food and beverages, and baggage wrapping concessions. The applicant, a joint venture between Meals on Wheels Ltd and Maze Establishments Ltd, submitted a bid on 11 March 2025. The bidding document required bids to be valid until 16 July 2025. On 4 July 2025, the respondent issued a Notice of Best Evaluated Bidder indicating that Crane Cafeteria and JIT Duty Free & Food Library Ltd (JV) were the best evaluated bidders. The applicant was eliminated at the preliminary stage for failing to submit a registered copy of the power of attorney authorizing the signatory of the bid on behalf of the joint venture. On 22 July 2025, the applicant filed a complaint before the respondent's Accounting Officer, which was dismissed on 1 August 2025. The applicant filed the instant application before the Tribunal on 14 August 2025. The applicant's bid validity expired on 16 July 2025 without any evidence of voluntary extension before that date.

Issues

1. Whether the instant Application is competent before the Tribunal.
2. Whether the Applicant's complaint before the Respondent's Accounting Officer was filed within statutory timelines.
3. Whether the Respondent erred in law and fact when it disqualified the Applicant's bid for omitting to submit a registered copy of the power of attorney authorizing the signatory of the bid on behalf of the joint venture.

Orders

• The Application is struck out.
• The Tribunal's suspension order dated August 14, 2025, is vacated.
• Each party shall bear its own costs.

Rules and key headnotes

Legislation cited (15)

• Public Procurement and Disposal of Public Assets Act Cap 205 s.2
• Public Procurement and Disposal of Public Assets Act Cap 205 s.78
• Public Procurement and Disposal of Public Assets Act Cap 205 s.106(3)(b)
• Public Procurement and Disposal of Public Assets Act Cap 205 s.106(7)
• Public Procurement and Disposal of Public Assets Act Cap 205 s.106(8)
• Public Procurement and Disposal of Public Assets Act Cap 205 s.115(1)
• Public Procurement and Disposal of Public Assets (Contract) Regulations 2023 reg.4(4)
• Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.6(3)
• Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.6(4)
• Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.17(6)
• Public Procurement and Disposal of Public Assets (Evaluation) Regulations 2023 reg.18(2)(d)
• Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(1)
• Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(2)
• Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(5)
• Public Procurement and Disposal of Public Assets (Rules and Methods for Procurement of Supplies, Works and Non-Consultancy Services) Regulations 2023 reg.62(6)

Cases cited (12)

• R v Westminster City Council, ex parte Ermakov [1996] 2 All ER 302
• Semwo Construction Company v Rukungiri District Local Government (H.C.M.C No. 30 of 2010)
• JB United Civil Engineering and Building Contractors Limited v Adjumani District Local Government (PPDA Appeals Tribunal Application No. 7 of 2023)
• Gibb (Pty) Ltd in Joint Venture with Acmirs Consulting Ltd v Ministry of Works and Transport (PPDA Appeals Tribunal Application No. 16 of 2025)
• Nabirye and 6 Others v Kyobe and 2 Others (H.C.C.S No. 2054 of 2016)
• Goldstar Insurance Company Ltd v Uganda National Oil Company (PPDA Appeals Tribunal Application No. 18 of 2025)
• Meera Investment Limited v National Lotteries and Gaming Regulatory Board and Riverstone Africa Ltd (PPDA Appeals Tribunal Application No. 44 of 2024)
• Kazini Fredric v PPDA (PPDA Appeals Tribunal Application No. 16 of 2015)
• Ttued Property Development Limited v PPDA (PPDA Appeals Tribunal Application No. 9 of 2015)
• Mbarara City and Another v Obon Infrastructure Development JV (Civil Appeal No. 45 of 2021)
• Tijos Investment Ltd v Lira City Council (PPDA Appeals Tribunal Application No. 5 of 2024)
• Apple Properties Limited v Uganda Human Rights Commission (PPDA Appeals Tribunal Application No. 6 of 2023)

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