PPDA tribunal drops World Bank-funded computer procurement on the floor

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

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.