NSSF wins 1.2billion shilling case
By Dennis Otim
10th Sept 2012:
The National Social Security Fund (NSSF) has won a case against Comtel Integrators Africa Limited worthy over USD 1,238,390. The case was dismissed with costs on the 24th August, 2012 by Justice Kiryabwire of the commercial court.
The Applicant Comtel Integrators Africa Limited had applied to court challenging a decision of the Fund to solicit for providers by way of a bid notice for consultancy services for the maintenance and support of its Integrated Management Information System (IMIS) which appeared in the New Vision of 4/06/2009.
Comtel had also claimed USD 1,238,390.48 for alleged unpaid technical support and Oracle license support services which the Fund challenged in court.
The Managing Director Richard Byarugaba welcomed the development and said that, “…this is one of the old litigation cases that have weighed down on the Members Funds and by winning this case, we reduce on the contingency liability of the Fund.”
Background:
In 2007, The Fund signed two separate contracts. The first, signed on 11th June 2007 was to conduct a diagnostic study and the second involved implementing of the recommendations of the diagnostic review. It was signed in August 2007. The implementation of the second contract ended with Comtel submitting a project closure report on 31st January 2009, declaring that its contractual obligations with the Fund had ended.
The third phase for the Procurement of the IMIS support/maintenance was initiated as a service level agreement meant to maintain the stability of the IMIS after Comtel had handled the first two phases.
Comtel alleged that the decision had been irregular because they had already been contracted to provide the same service that the Fund was soliciting and sued the Fund.
According to the available records, all the phases were done separately and independent of each other. That is why at every stage NSSF would request for a fresh proposal and sign a fresh contract.
It therefore follows that even if NSSF was to do phase three, the phase would still be separate and independent of the previous phases. Efforts to get a comment from Comtel were futile by press time. END. Login to www.ugandacorrespondent.com every Monday to read our top stories mid-week for our updates
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