FAQs
1. The Tribunal is a quasi-judicial body established under PART IX of the Public Procurement and Disposal of Public Assets Act 2003, CAP 205.
2. The Tribunal commenced business in July 2014.
3. The Tribunal comprises the Chairperson and six (06) members appointed by the Minister of Finance, Planning and Economic Development from the private sector.
4. The members serve on a part-time basis for 4 years, renewable once.
5. The Tribunal handles complaints brought/lodged before it by the aggrieved bidders or persons whose rights are likely to be adversely affected by the decision of the accounting officer in a public procurement or public disposal process.
1. A bidder who is aggrieved by an administrative review decision of an Accounting Officer. Section 115(1) (a) of the PPDA Act, 2003 CAP 205.
2. A bidder, where the Accounting Officer has not made and communicated an administrative review decision on a complaint within ten days. Section 115(1) (a) of the PPDA Act, 2003 CAP 205.
3. A bidder who believes that the Accounting Officer has a conflict of interest in the procurement process or that the complaint, omission or breach or that the matter cannot be handled impartially by the procuring and disposing entity. Section 115 (1) (c) of the PPDA Act 2003, CAP 205
4. A person (not being a bidder) whose rights are adversely affected by a decision of the Accounting Officer- Section 115 (1) (b) of the PPDA Act 2003, CAP 205.
1. A brief statement of the reasons for the application and issues on which a decision is sought.
2. A copy of the Decision sought to be reviewed should be attached.
A fee of UGX 300,000/= (Three hundred thousand shillings only) is payable as filing fees as specified in The Public Procurement and Disposal of Public Assets (Tribunal) (Procedure) Regulations, 2016.
You must submit eleven (11) bound copies in book form, with a title on the cover including an index and each page consecutively numbered
The Coram of the Tribunal has three members.
Depending on the circumstances of each Application, the Tribunal shall hold the procurement or disposal process in abeyance until the Application is determined.
The Tribunal hears and determines an Application within fifteen (15) working days from the date of filing.
The Tribunal's decisions are appealable to the High Court, and an appeal is commenced by giving a Notice of Appeal to the High Court within 30 days of being notified of the Tribunal's decision or within such further time as the High Court may allow.
An appeal to the High Court may be made only on questions of law, and the notice of appeal shall state the question of law forming the appeal.
A suspended procurement or disposal process shall be resumed and continued during an appeal to the High Court.
The High Court shall make such decisions or orders as it deems appropriate because of its decision, including an order affirming or setting aside the decision of the Tribunal and may hold the Accounting Officer or any other person, as may be determined, personally liable and award damages to the aggrieved bidder.
Where two or more applications for review of the Accounting Officer's decision are instituted arising from the procurement or disposal process between the same parties, the Tribunal may, on its own or by a party's application, consolidate the applications and handle them as if they were one application.
An Applicant can, at any time before or during consideration of an application by the Tribunal, by notice in writing addressed to the Registrar, discontinue the application against the Respondent. The Applicant must serve the Notice on the Respondent or any other interested party affected by the Application.
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