By Richard Onapatum
The Public Procurement and Disposal of Assets Authority (PPDA) Appeals Tribunal has cancelled a contract awarded to Ange&Cathy Enterprise Ltd.
The members of the tribunal headed by senior counsel Francis Gimara, Nelson Nerima, Thomas Brookers Isanga, Geoffrey Nuwagira, Paul Kalumba and Charity Kyarisiima on December 7, 2023, ordered the cancellation of the contract that Katakwi Local Government had awarded to Ange&Cathy Enterprise Ltd.
Ange&Cathy Enterprise Ltd had been contracted to construct a general ward at Aketa HC 11 PHASE 1 vide procurement ref number KATA857/WRKS/23-24/00003 in Katakwi district at a contract price of Ugx 95,075,000/=. VAT exclusive.
The cancellation followed a complaint filed by Rexco Limited (the applicant) over irregularities sighted in the procurement process.
Among them the blanket request for consent to correction of arithemetic errors with no specific details on the errors as provided for in the bidding document, and the purported open consent to the errors by Ange&Cathy Enterprises Ltd were illegal which they consented too.
Bids were received from 3 bidders, Rexco Limited(the applicant), Ange&Cathy Enterprise Ltd and Kide builders and engineers Ltd.
Rexco Limited filed a complaint at the tribunal for being disqualified from the process on grounds that it did not have a valid licence to operate.
The tribunal in its findings established that Rexco Ltd had a running licence and qualified to compete for the bids.
The members of the tribunal ordered Katakwi district local government to carry a re-evaluation of the contract.
The tribunal said in the view of the errors and omissions of the Evaluation committee, administrative review committee, and the accounting officer, the procurement shall be remitted back for re-evaluation.
“The respondent is directed to re-evaluate the bids for the procurement process for the construction of a general ward at Aketa Health Centre II in a manner not inconsistent with this decision.” the tribunal ruled.
Tribunal further directed that the re-evaluation must of the bids for the procurement for the construction of a general ward at Aketa HC II in a manner not inconsistent with the decision, te bidding document and the law be done within 10 days.
In addition, the members ordered Katakwi district local government to refund administrative review fees to Rexco Ltd.
Ongima Emmanuel Ariko who represents Ange & Cathy Enterprise Ltd said he is not shocked by the outcome.
“It’s true we had a tribunal meeting held online on November 30th, 2023,we were sent back to the district, and am now waiting for the final out come again.” said Ongima
The LCV Katakwi Geoffrey Omolo who said the process is normal on whatsapp failed to pickup our several phone call attempts for a comment
