Public Procurement

The Appeals Tribunal of the Public Procurement and Disposal of Public Assets Act (PPDA) has cancelled a World Bank-funded procurement bid for 2,000 computers intended for government use, citing non-compliance issues involving the National Information Technology Authority Uganda (NITA-U).

The tribunal’s ruling, made public on Monday, highlighted concerns over lack of cooperation from NITA-U officials.

But tech authority their lips were sealed by the funders, the World Bank.

During the proceedings, senior counsel Francis Gimara, who led the tribunal, criticized NITA-U for failing to provide the required procurement file for review.

“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,” Gimara stated.

NITA officials argued that confidentiality concerns, as advised by the World Bank, prevented them from sharing the procurement file.

However, the tribunal dismissed this argument, stating, “A confidentiality requirement cannot be invoked against a Tribunal or court with a statutory mandate to adjudicate disputes in a procurement.”

This highlights the tribunal’s emphasis on transparency and accountability in public procurement.

Due to NITA’s non-compliance, the tribunal concluded it could not assess the merits of the procurement application.

“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,” Gimara explained.

This led to the cancellation of the bid, which involved the procurement of 1,000 desktops and 1,000 laptops.

The tender process, initiated by NITA through open international competitive bidding, had attracted submissions from eleven bidders.

Netcon Technologies India Private Limited had been identified as the successful bidder, offering a total contract price of about $1.14 million, with a Notification of Intention to Award issued on August 16, 2024.

However, Gulf Africa Ltd, one of the unsuccessful bidders, contested the evaluation process, claiming their proposal was unfairly assessed.

When NITA’s accounting officer dismissed Gulf Africa’s complaint, the matter was escalated to the PPDA Tribunal.

The officer’s absence during tribunal hearings, coupled with the failure to provide necessary documentation, ultimately led to the cancellation of the entire procurement process.

The tribunal’s decision is expected to be formally communicated via email on September 27, 2024.

This ruling is likely to have significant implications for NITA and future procurement practices in Uganda, raising questions about the adherence to transparency in government procurement.

The Ministry of ICT and National Guidance has refuted media reports alleging that it spent an exorbitant amount of Shs 965 million on a single vehicle.

In a statement released on August 4, 2024, the Ministry clarified that the funds in question were used to procure two vehicles, not just one as reported. The Ministry provided specific details, including the registration numbers of the vehicles: UG 0057N and UG 0058N.

They emphasized that the procurement process followed strict guidelines set by the Public Procurement and Disposal of Public Assets (PPDA) and that the contracts were cleared by the office of the Solicitor General.

“The procurement process was an open bidding and strictly adhered to the guidelines set by the Public Procurement and Disposal of Public Assets (PPDA),” the statement read. “It is crucial to clarify that the Ministry procured two vehicles and not one.”

The Ministry further reiterated its commitment to transparency and accountability in its operations.

“We value our media stakeholders for their interest in what we do and their vigilance in such public procurements. Your scrutiny is essential in upholding the standards and integrity of public services,” the statement further stated.

This clarification comes amid media reports that the Auditor General is investigating the circumstances under which the Ministry authorized a payment of almost Shs 1 billion to procure a vehicle from a car bond in Kampala.

Reports indicated that on August 31, 2022, the Ministry paid Cadam Enterprises Shs 965 million for the supply of a Toyota Land Cruiser LC 300 VX, citing a reference number for the car purchase as PP1028377.

However, the Ministry has stated that they purchased two vehicles, as opposed to one, which are already registered as UG 0057N and UG 0058N and are available for inspection by anyone interested.

On November 2, 2023, Uganda’s Public Procurement and Disposal of Public Assets Authority issued a circular; Circular No. 7 of 2023, Revision of The Standard Bidding Document for Procurement of Supplies Under Open (National) and Restricted (Selective Bidding Methods).

At best, the PPDA should be a rules – following institution fair to all and acting by its principles. It should as well do that. It is not private money that the entity is dealing with. It is money gotten from the bent backs of sweating citizens.

The Executive Director of the PPDA, Canon Benson Turamye, joined other heads of anti-corruption agencies today (11/06/2024) for the 3rd Virtual National Students Anti-Corruption Challenge awards ceremony, which he hosted at the PPDA Head Office in Nakasero, Kampala.

The event, to confer awards to students from 53 education institutions  across the country, including tertiary, secondary, and primary levels, who emerged as winners of the nationwide challenge is spearheaded by the National Debate Council. The students competed in producing anti-corruption speeches, essays, poems, videos, works of art and songs.

While speaking at the awards ceremony, Canon Turamye expressed appreciation to the students for their creativity and willingness to add their voices to the anti-corruption movement in Uganda. He urged the students to carry the message to their schools and homes, emphasizing that a corruption-free Uganda starts with them.

Turamye also hailed the concerted efforts of the various anti-corruption agencies in the fight against corruption in public procurement. He revealed that the PPDA collaborates with the State House Anti-Corruption Unit (SHACU), the Inspector General of Government (IGG), the Auditor General’s Office, and the Directorate of Public Prosecutions (DPP) to investigate corruption in public procurement..

He announced that in collaboration with the DPP’s Office, the PPDA will strengthen the fight against corruption even further, having been given prosecutorial powers to expedite action against the corrupt in public procurement. “We are now training our legal chamber of eleven (11) lawyers. Very soon, they will be able to prosecute corrupt players in the procurement value chain. In this way, cases concerning public procurement will be handled more quickly,” he added.

Brig Gen Henry Isoke, the head of the State House Anti-Corruption Unit, who presided over the award ceremony as Chief Guest, likened the fight against corruption to the National Resistance Movement (NRM’s) historic battles, emphasizing that victory is possible as the corrupt are few.

Working with the National Debate Council (NDC), the anti-corruption coalition of government agencies seeks to strategically instill the virtues of transparency and integrity among the upcoming generation of Ugandans while they are still young. This initiative is another measure to combat the vice that has persisted in Uganda. Uganda ranks 141st among 180 countries in Transparency International’s Corruption Index of 2023, where the country ranked first is perceived to have the most honest public sector.