By Watera Atai Icon,
NATIONAL
The Inspectorate of Government has okayed the procurement process of the new premises at Luzira Butabika to accomodate the Electoral Commission offices.
According to a letter by the IGG Beti Tirwomwe Kamya dated April 29, directed to the Commission Chairman Justice Dimon Mugenyi Babakama seen by Parrots UG, the IG notes that they had lifted a ban that was earlier imposed on the procurement process of the new offices.
“…I hereby lift the ban imposed on the procurement process for the purchase of office premises for the EC to allow the Commission to conclude the process,” letter read in excerpts.
The letter is also copied to President, Vice President, Prime Minister, Attorney General, Secretary to EC Leonard Mulekwah, Permanent Secretary in the Ministry of Lands Dorcus Okalany, and IGG director of special investigations Joram Magezi.
It should be recalled that the decision to relocate EC office was reached to allow the construction of the multibillion flyover by Uganda National Roads Authority (UNRA) indicated
The second phase of the flyover project will affect part of EC’s offices, Kitgum House and Centenary Park.
Paul Bukenya, the spokesperson EC welcomed the IG’s directive stating that it was a “major breakthrough towards the electoral body’s relocation process”.
“We have been notified that the investigations were concluded and the procurement process can proceed. We are also under pressure to conclude the process so that we pave way for the Kampala Flyover project. Generally, we have been working towards having new offices and we are happy the IGG cleared us to proceed,” said Bukenya.
The ban on the procurement process of the purchase of new premises was imposed following complaints by a whistleblower that cited irregularities in the procurement process.
According to a whistleblower, the EC officials did not follow right procurement proce in attempts to acquire the former GEMS Cambridge International School in Butabika, a Kampala suburb, from Property Services Ltd, at a tune of Sh90b.
The whistleblower further alleged that the property is sitting on a wetland, and that the owner was only granted a National Environment Management Authority (Nema) license for sports and recreational activities and to build a sewage treatment plant.
The procurement process was banned to allow the IG carryout investigation into the matter, a report of which has leaked.
According to the leaked report which Parrots UG seen, the IG discloses that the commission had received three unsolicited applications offering premises like Prof G.N Lule – Plot 7,9,11 Block 227 located in Bweyogerere, Wakiso District, Plot 102/104 Butabika Road, Luzira, Kampala (former GEMS Cambridge International School), and Tayebwa, Sserwadda and Co. Advocates (for Megha Industries) located in Kyambogo, Kampala, but Butabika was according to investigation the right premise.
The report titled; “Report of investigation into alleged fraudulent process in the ongoing procurement of office premises for the Electoral Commission – Headquarter/18/02/2022,” following investigations into the alleged flawed procurement process for the purchase of new EC head offices, indicate that there was no flawed procurement process as alleged by the whistleblower.
About the Report
The objective of the investigation was to establish whether the procurement process as laid down by the Public Procurement and Disposal of Public Assets (PPDA) Act and Regulations was followed by the EC in acquiring the premises, among other allegations.
The investigators also analysed a number of documents, including the PPDA request for approval of procurement (Form 5), bidding documents, contract committee minutes, evaluation committee minutes and guidance from the AG on the use of direct procurement method.
Reports from the chief government valuer on the value of the property, NEMA, and a report of opening boundaries of the locus from the Ministry of Lands confirming the area and acreage which the property sits on were also obtained during the investigation.
The investigators also physically inspected the proposed premises.
The investigators furthers established that the EC EC team had visited the three premises of Prof G.N Lule, Megha Industries Kyambogo and GEMS Luzira in November last year.
However, the team observed that Prof G.N Lule’s property could not accommodate the Commission’s IT and print equipment. They also found out that the property offered by Tayebwa, Sserwadda and Co. Advocates had small office space and that the premises were inappropriate for warehouses.
Property Services Ltd’s property in Butabika was found to be fit because it could accommodate the IT and print equipment, has sufficient space for sorting, packing of election materials that are currently handled at Kyambogo, and space to host a presidential nomination/tallying centre whether indoors or outdoors.
According to the report, the facility at Luzira was found out that it had enough space for training, a mother care centre, health facilities for wellness, fitness and sports, and space for future developments, among others.
On November 26, 2021, Justice Byabakama sought guidance from the AG on the use of direct procurement method in the circumstances that EC had failed to obtain a successful bidder through open bidding.
The AG, in a letter dated December 3, 2021, guided the Commission that in undertaking the procurement process, it should comply with requirements set out under Regulation 17 (Direct Procurement).
He also cautioned the Commission to ensure the contract price was within the market price range, which could be established by obtaining a valuation of the same from the chief government Valuer.
Based on the AG’s advice, the EC, on December 10, 2021, initiated the procurement process for the office premises at an estimated cost of Shs60b.
According to Form 8, Record of sale or issue of bidding documents, Property Services Ltd was issued with a bid document on December 17 2021, with a closing date of January 7, 2022.
The deadline was later extended to January 14, 2022, following a request for extension from Property Services Ltd on January 5, 2022.
EC received the bid from Property Services Ltd on January 14, with a bid price of Shs111.3b Value Added Tax (VAT) inclusive.
Quoting the PPDA report dated February 4, 2022, the IGG noted that the national procurement agency advised that the EC should have used the request for quotation method before deciding to use the direct procurement method.
However, the report states that PPDA stated that the use of direct procurement method was based on the urgent need to pave way for the Kampala Flyover project and the failure by the entity to get responsive bids using competitive bidding methods.
“…the authority concluded that the grounds for use of the direct procurement method were justified and in accordance with the PPDA Act and Regulations,” said IGG.
The PPDA also allowed the Commission to proceed with the procurement cognizant of the fact that EC needed to urgently vacate the current premises.
On the property price, the IGG observed the size of the land was approximately 7.550 hectares.
The IGG noted that the government chief valuer advised that the value of the property was in the sum of Shs77.6b as per the current market value.
“…this implies that the bid price for the property offered for sale by Property Services Ltd to the EC at Shs111.3b is over and above the market value of Shs77.6b established by the chief government valuer,” the IG said in a report
On whether the property was in a wetland, the IGG noted that Nema confirmed that the property is located on a raised and dry land.
However, the IGG recommended that in the process of concluding the procurement, the Secretary to EC should adhere to the guidance given by the AG and PPDA.
The IGG said the EC should also follow its procurement specifications approved prior to the invitation of the bidder for the procurement as provided for under the law.
