Uganda Case Law

Gibb (PTY) Limited in Joint Venture with Acmirs consulting Limited v Ministry of Works and Transport and Another (Application No. 16 of 2025)

Gibb (PTY) Limited in Joint Venture with Acmirs consulting Limited v Ministry of Works and Transport and Another (Application No. 16 of 2025) [2025] UGPPDPAAT 19 (17 July 2025)

Court

Public Procurement and Disposal of Public Assets Appeals Tribunal

Case number

Application No. 16 of 2025

Judges

Gimara SC, Chairperson, Nerima, Panel Member, Nuwagira, Kalumba, Cyrus Titus Aomu, Penal Member

The Tribunal found that the Respondents erred in law by disqualifying the Applicant's bid for non-submission of registered joint venture powers of attorney, as such eligibility documents, if valid at the bid submission deadline, should have been requested through clarification in accordance with the procurement regulations. The Tribunal also determined that there was no mandatory requirement in the bidding documents for submission of tax clearance certificates at the time of bid submission; eligibility declarations in the technical proposal sufficed. The Respondents' failure to apply the corr…

Source excerpt

• Public Procurement Review
• Bid Evaluation Criteria
• Eligibility Documents
• Clarification Procedure

Maleka Engineering and Construction Company Limited and Another v Kira Municpal Council (Application 30 of 2024)

Maleka Engineering and Construction Company Limited and Another v Kira Municpal Council (Application 30 of 2024) [2024] UGPPDPAAT 32 (24 June 2024)

Court

Public Procurement and Disposal of Public Assets Appeals Tribunal

Case number

Application 30 of 2024

Judges

Gimara SC, Chairperson, Isanga, Panel Member, Nuwagira, Kalumba, Kyarisiima, Kayemba

The Tribunal found that the Applicant's bid was correctly disqualified at the preliminary evaluation stage because its foreign joint venture partner, Teskon Muhendislik Limited STI, submitted a tax clearance certificate that was invalid as of the bid submission deadline. The certificate was for a different entity, and no evidence of a legal name change or merger was provided. The Tribunal held that an invalid eligibility document cannot be remedied by post-submission clarification. Further, the Applicant's bid was nonresponsive to mandatory requirements on personnel, equipment, and general ex…

Source excerpt

• Public Procurement Review
• Bid Evaluation
• Eligibility Documents
• Joint Venture Compliance
• Tax Clearance Certificate
• Remedies In Procurement

Juan Carlos Surace Limited v Masindi District Local Government (Application 12 of 2024)

Juan Carlos Surace Limited v Masindi District Local Government (Application 12 of 2024) [2024] UGPPDPAAT 16 (18 March 2024)

Court

Public Procurement and Disposal of Public Assets Appeals Tribunal

Case number

Application 12 of 2024

Judges

Gimara SC, Chairperson, Nerima, Panel Member, Isanga, Nuwagira, Kalumba, Kyarisiima, Kayemba

The Tribunal allowed a procurement review, holding that a valid Tax Clearance Certificate sent electronically before deadline was sufficient and that novel rejection grounds were unlawful.

• Public Procurement Review
• Bid Evaluation Criteria
• Eligibility Documents
• Electronic Submission Of Documents
• Public-procurement-review
• Bid-evaluation