PPDA tribunal cancels WB procurement bid for 2,000 computers

A World Bank-funded procurement bid for 2,000 government laptops and computers has been canceled by the Appeals Tribunal of the Public Procurement and Disposal of Public Assets Act (PPDA).

While canceling the bidding process on Monday evening, the tribunal led by senior counsel Francis Gimara cited impunity on the side of the National Information Technology Uganda (NITA-U), when they failed to cooperate and avail them with the procurement file for perusal during the trial.
NITA officials reasoned that they could not avail the procurement file to the Tribunal on the advice of the World Bank citing the confidentiality clauses.

“The Tribunal has perused the documents relied upon by the respondent (NITA) and finds no lawful justification for the disobedience of the Tribunal’s orders. A confidentiality requirement cannot be invoked against a Tribunal or court with a statutory mandate to adjudicate disputes in a procurement,” ruled the PPDA Appeals Tribunal.

Adding: “As a merits review Tribunal, we are constrained to execute our statutory mandate and adjudicate the merits of the application in the absence of the procurement action file and the bids. In the given premises, the natural consequence of this is that the procurement by the respondent (NITA) for the supply of two thousand devises (1000 desktops and 1000 laptops) is canceled.” 
The Tribunal said a detailed decision will be given by email on 27th September, 2024. 
Other members of the Tribunal included; Nelson Nerima, Geoffrey Nuwagira Kakira, Charity Kyarisima, and Cyrus Titus Aomu.

Events that led to the cancellation of the bidding process
The government through NITA, received funds from the International Bank of Reconstruction and Development or the International Development Association (World Bank).

The money was for the Uganda Digital Acceleration Project Government Network (UDAP-GOVNET).
NITA initiated a tender through the open international competitive bidding method for the supply of 2000 devices (1000 desktops under Lot 1 & 1000 laptops under Lot 2).
In the process, NITA received bids from eleven bidders namely; Attain Enterprise Limited JV JO World Agencies Limited, GNM Projects Limited, Pynet Technologies Limited, Aircom Systems Limited, Sybl Limited, CWG-Uganda Limited, and International Business Solutions Limited.

Others were; Computer Uganda, Netcon Technologies India Private Limited, MFI Document Solutions Limited, and Gulf Africa Limited.
Upon conclusion of the evaluation process, NITA issued a notification of Intention of Award the contract on 16th August 2024 wherein Netcon Technologies India Private Limited was announced as a successful bidder at a contract price of USD$ 1,139,952 and USD$ 1,143,252 for Lot 1 and Lot 2 respectively with VAT excluded. 

But Gulf Africa Ltd, one of the unsuccessful bidders, was dissatisfied with the outcome and filed a complaint with NITA.
The Notification of Intention to Award the Contract indicated that the Gulf Africa Ltd bid was unsuccessful on account that the proposal presented evidence of 420 contracts, none of which met the minimum value of Shs4 billion. 

The accounting officer of NITA did not find merit in the compliant raised by Gulf Africa Ltd and dismissed it, hence the appeal before the PPDA Appeals Tribunal.
The accounting officer did not appear as summoned and did not provide the documents as requested by the Tribunal, which left it with no option but cancel the entire procurement. 
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