Wakilii

Pynet Technologies SMC Limited v Ministry of Lands Housing and Urban Development (Application 2 of 2024)

Tribunal · [2024] UGPPDPAAT 2 · 2024 Application Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for review of procurement decision before the Public Procurement and Disposal of Public Assets Appeals Tribunal
Decision
Application struck out as time-barred

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 Accounting Officer's decision communicated on 7 December 2023 was made outside the statutory timeline of 15 business days prescribed by World Bank Procurement Regulations, rendering it a nullity. The applicant had until 18 December 2023 to file with the Tribunal but filed on 2 January 2024, outside the mandatory ten-day period. Statutory timelines in procurement law are mandatory and the Tribunal has no power to extend them.

Outcome

Application struck out as time-barred

Facts

The Ministry of Lands, Housing and Urban Development initiated a tender for procurement of ICT equipment under World Bank funding. Three bidders submitted bids for Lot 3. On 3 November 2023, the Ministry issued a Notification of Intention to Award to Copy Cat (U) Ltd, stating that Pynet Technologies SMC Ltd's bid was unsuccessful because its bid security expired on 23 October 2023 instead of the required 17 November 2023. Pynet filed a complaint with the Accounting Officer on 15 November 2023. The Accounting Officer made a decision on 5 December 2023 but communicated it on 7 December 2023 after World Bank approval. Pynet filed an application with the Tribunal on 2 January 2024 seeking review of the procurement decision.

Issues

  1. Whether the Application before the Tribunal is competent?
  2. Whether the Respondent erred when it disqualified the Applicant's bid?
  3. What remedies are available to the parties?

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

Administrative Law — Public Procurement — Statutory Timelines — Mandatory Nature
Timelines within the Public Procurement and Disposal of Public Assets Act are mandatory and couched in mandatory terms. There is no enabling provision within the 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.
Administrative Law — Public Procurement — World Bank Funded Projects — Applicable Timelines
Where a procurement is funded by the World Bank, section 4(1) of the Public Procurement and Disposal of Public Assets Act requires that the timeline given for the Accounting Officer to make and communicate a decision as stipulated in the World Bank Procurement Regulations for Investment Project Financing (15 business days from receipt of complaint) must prevail over the timeline of ten days stipulated in section 89(7) of the Act.
Administrative Law — Public Procurement — Accounting Officer's Decision — Nullity for Non-Compliance with Timelines
A decision made by the Accounting Officer outside the statutory timelines is no decision at all and is a nullity. Where an Accounting Officer does not make a decision within the stipulated timeframes, the bidder may make an application to the Tribunal within ten days from the date of expiry of the stipulated period.
Administrative Law — Public Procurement — Electronic Filing — Beating Statutory Deadlines
Section 95B of the Public Procurement and Disposal of Public Assets Act 2003 permits electronic filing with the Tribunal. A prudent applicant facing a statutory deadline should file using electronic means on the Tribunal's official email address to beat the statutory deadline, particularly where the deadline falls on a non-working day.

Legislation cited (9)

Cases cited (6)

  • Investors Compensation Scheme Ltd v West Bromwich Building Society [1998] 1 All ER 98
  • 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)
  • Exposed Label Limited v Uganda Civil Aviation Authority (Application No. 34 of 2023)
  • Passionate Ventures SMC Uganda Ltd v Bulambuli District Local Government (Application No. 35 of 2023)
  • Vital Capital Investments Limited and 2 Others v Ministry of Housing and Urban Development (Application No. 16 of 2023)

Full judgment

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

Pynet Technologies SMC Limited v Ministry of Lands Housing and Urban Development (Application 2 of 2024) 2024 UGPPDPAAT 2 (18 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.