Reasoning in cases where the appellant announces the winner of the Electronic bidding, when there is a reasonable cause that cannot wait for the consideration of the appeal

Abstract

Thailand is currently confronted with significant challenges arising from its transition into an aging society, coupled with a declining birth rate. In the absence of effective and well-structured preparation, the nation is likely to face adverse consequences stemming from the rising burden of healthcare expenditures, particularly due to the increased prevalence of chronic diseases and the associated costs of medical equipment, pharmaceuticals, and other materials required for the provision of public healthcare services. Consequently, public procurement assumes a critical role in reinforcing the stability and resilience of Thailand’s health system, particularly through policies that promote greater self-reliance in the development of domestic pharmaceutical and medical device industries. Nevertheless, following the enactment and enforcement of the Public Procurement and Supplies Administration Act B.E. 2560 (2017), government agencies have frequently encountered difficulties in complying with prescribed procurement procedures. These challenges often arise from inadequate understanding of the relevant regulations, as well as delays caused by mandatory procedural steps stipulated by law. For instance, Section 114 requires that appeals be resolved prior to the execution of any contract, in accordance with Section 66 paragraph two. Although the statute provides exceptions in the closing part of Section 66 paragraph two, most government agencies tend to suspend procurement processes pending the outcome of the appeal review. This practice may, however, result in harm to the continuity and efficiency of public service delivery, largely due to uncertainties in statutory interpretation and apprehension regarding the justification of actions taken. It is therefore incumbent upon government agencies and supervisory authorities to ensure that procurement personnel are thoroughly instructed and properly guided on the application of the statutory exceptions. Such measures are essential to support effective public administration and to prevent officials from incurring liability in the performance of their official duties.