Who is eligible to make an Application before the Tribunal?

An application made to the Tribunal under section 91I of the Act can be made by;

  • A bidder;
  • A procuring and disposing entity; or
  • Any person whose rights are adversely affected by a decision of the Authority.
  • What is the content of such an Application?

    The application should include the following;

    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.
    Are there any fees payable to the Tribunal?

    A fee of Shs. 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.

    How many copies of an Application should I file?

    You are required to submit in eight bound copies in book form, with a title on the cover including an index and each page consecutively numbered.

    Within what timeframe should an Application be filed in the Tribunal?

    The Application should be filed within 10 days from receipt of the Decision of the Accounting Officer.
    Where the Accounting Officer has not made a decision as required by the law,the Application to the Tribunal must be filed within 10 days from the date when the Accounting Officer ought to have made a decision.
    NB: An accounting officer must make and communicate a decision within 10 days from receipt of a complaint.
    Where a bidder believes that an Accounting Officer has a conflict of interest, an Application must be made to the Tribunal within 10 days from the date when the breach or omission by the procuring and disposing entity is alledged to have taken place

    What is the Coram of the Tribunal?

    The Coram of the Tribunal is three members and the Tribunal delivers unanimous decisions.

    What happens to the procurement process when an Application is filed at the Tribunal?

    Depending on the circumstances of each application the Tribunal usually holds the procurement process in abeyance until the Application before it is determined.

    What is the timeframe within which a Decision of the Tribunal is expected after filing the Application?

    The Tribunal hears and determines an Application within 10 days from the date of filing the Application.

    Are Decisions of the Tribunal appealable?

    The Decisions of the Tribunal are appealable to the High Court and an appeal is commenced by giving a Notice of Appeal within 30 days after the Decision is made.

    Are there instances where the Tribunal will consolidate applications?

    Where two or more applications for review of a decision of the Authority are instituted arising from the same procurement or disposal process between the same parties, the Tribunal may consolidate the applications and handle them as if they were one application.

    Is it possible to withdrawal an application after it has been filed?

    An applicant can at any time before or during consideration of an application or reference by the Tribunal, by notice in writing, addressed to the Registrar, discontinue the application against the Respondent.

    It is a must to serve the Notice on the respondent or any person or entity affected by the application.