PROBLEMS AND OBSTACLES IN THE CONSIDERATION AND ADJUDICATION OF APPEALS UNDER THE PUBLIC PROCUREMENT AND SUPPLIES ADMINISTRATION ACT

Abstract

This research aims to: 1) Examine the historical background, concepts, and theories related to public procurement and public asset management; 2) Compare foreign laws with Thai law concerning public procurement and public asset management; 3) Analyze problems in the consideration and adjudication of appeals under Section 119 of the Public Procurement and Supplies Administration Act B.E. 2560 (2017) of Thailand; and 4) Explore solutions to these problems and propose amendments to the Act to achieve its legislative intent. This study employs a documentary research methodology. The findings reveal that: 1) Public procurement in Thailand was first formally established with the creation of the National Procurement Department in 1932; 2) Thailand’s procurement system shares similarities with those of Germany and France; 3) Appeals under Section 119 present several issues, including: and 3.1) Unclear timeframes and procedures for appeal consideration; 3.2) Discretionary decision-making in determining whether appeals are admissible or well-founded; and 3.3) The lack of clear measures regarding liability for damages and insufficient protection of the rights of bidders; and 4) Proposed solutions include legal reforms to clarify definitions, criteria, procedures, and timelines for appeal consideration; revising the wording of Section 119, paragraph three, concerning the effects of decisions; establishing a review mechanism for decisions made by the appeal committee; and strengthening measures to protect appellants’ rights, such as suspending contract signing in cases where there are concerns regarding transparency in the public procurement process.