Wakilii

Muhick International Limited v National Agricultural Advisory Services (Application No 18 of 2022)

Tribunal · [2022] UGPPDPAAT 19 · 2022 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for administrative review of procurement decision following dismissal by Accounting Officer
Decision
Application struck out as incompetent for lack of locus standi

Observed later treatment

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Holding

The Tribunal struck out the application as incompetent on the ground that the applicant lacked locus standi. Although the application for administrative review to the Accounting Officer was filed within time, it was submitted by Globe Technical Solutions Limited through Amon Bahumwire, who held no registered power of attorney to represent the applicant. Under the bidding document and public procurement regulations, only a registered power of attorney constitutes valid authorisation to represent a bidder. The unregistered board resolution and letter of instruction were insufficient. The applicant therefore did not lawfully apply to the Accounting Officer and had no standing to appeal to the Tribunal.

Outcome

Application struck out as incompetent for lack of locus standi

Facts

National Agricultural Advisory Services initiated procurement for construction of two mini-irrigation schemes under two lots. Seven bidders submitted bids. GAT Consults Limited was declared the best evaluated bidder for Lot 2 on 30 May 2022. Muhick International Limited was disqualified at the detailed evaluation stage for failing to provide required equipment and a bank letter of comfort. On 14 June 2022, Globe Technical Solutions Limited, purportedly acting on behalf of Muhick International Limited, filed an application for administrative review with the Accounting Officer. The Accounting Officer dismissed the application on 15 June 2022 as filed out of time. On 16 June 2022, the Respondent signed a contract with GAT Consults Limited. On 30 June 2022, Muhick International Limited filed an application with the Tribunal seeking review of the Accounting Officer's decision. The Best Evaluated Bidder raised preliminary objections that the application was incompetent because it was filed by a person with no locus standi.

Issues

  1. Whether the application for administrative review filed with the Accounting Officer of the Respondent was filed within the stipulated time.
  2. Whether the Application for Administrative Review to the Entity and the appeal to the Tribunal were brought by a person who had locus standi.

Orders

  • The Application is incompetent and is struck out.
  • The Entity may continue with the procurement to its logical conclusion.
  • The Tribunal's suspension order dated 30th June 2022, is vacated.
  • Each party shall bear its own costs.

Rules and key headnotes

Public Procurement — Time Limits — Computation of Time for Administrative Review
In computing the ten working days within which a bidder must file an application for administrative review under section 89(3)(b) of the Public Procurement and Disposal of Public Assets Act, the day on which the Notice of Best Evaluated Bidder is displayed is excluded, and the ten working days begin to run the day after. Weekends and public holidays are excluded from the computation.
Public Procurement — Locus Standi — Requirement for Registered Power of Attorney
Where a bidding document provides that written confirmation of authorisation to sign on behalf of a bidder shall be a registered power of attorney, only a person holding such registered power of attorney has locus standi to represent the bidder in subsequent correspondences with the entity, including applications for administrative review. An unregistered board resolution or letter of instruction does not constitute valid authorisation for purposes of public procurement in Uganda.
Locus Standi — Recognised Agents — Powers of Attorney
Under Order 3 Rule 2(a) of the Civil Procedure Rules, recognised agents are persons holding powers of attorney authorising them to make appearances, submit applications, and act on behalf of parties. A person without such powers of attorney has no locus standi to file proceedings on behalf of a party.
Public Procurement — Competence of Application to Tribunal — Preconditions
For an application for administrative review to the Public Procurement and Disposal of Public Assets Appeals Tribunal to be competent under section 89(8) of the Act, the following conditions must be met: (a) the application must be made by a bidder as defined in section 3; (b) the bidder must have applied to the Accounting Officer for administrative review under section 89(1); (c) the Accounting Officer must have made and communicated a decision within 10 days; and (d) the bidder must be aggrieved by the Accounting Officer's decision. Where the bidder did not lawfully apply to the Accounting Officer, the application to the Tribunal is incompetent.

Legislation cited (12)

Cases cited (1)

  • JV Kadac-Global Tec v Uganda Prisons Service (Application No. 4 of 2022)

Full judgment

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Muhick International Limited v National Agricultural Advisory Services (Application No 18 of 2022) 2022 UGPPDPAAT 19 (21 July 2022)
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.