Bangkok: The Comptroller General’s Department has implemented a new ministerial regulation aimed at tightening control over procurement and contracting processes to prevent the misuse of appeal rights and expedite budget disbursement procedures. In an effort to address the persistent issue of delayed and inflexible procurement processes, the department has introduced measures to curb the repeated filing of appeals that hinder the progression of investment projects.
According to Thai News Agency, Mrs. Patricia Mongkolvanich, the Director-General of the Comptroller General’s Department, announced that the Royal Gazette has published the new ministerial regulation, which will be effective from 2025. The regulation specifically targets government agencies that previously faced challenges in disbursing budgets due to prolonged appeal processes. The inability to disburse budgets on time has led to some projects being shelved, underscoring the need for this regulatory amendment.
The regulation originally restricted the right to appeal in two specific scenarios: when there was no challenge to the qualifications of other bidders in the e-market method, and when government agencies had already published the scope of work and received no objections from bidders. These restrictions aim to prevent losing bidders from exploiting appeals to delay projects.
The Comptroller General’s Department has now outlined six additional scenarios where appeals will not be permitted. These include cases where bidders are not registered with the department but are required to be, urgent procurement needs as per specific selection methods, and situations where bidders lack necessary qualifications or possess prohibited characteristics. Other scenarios include instances where the bidder presents work done by another as their own or if the procurement winner refuses to enter into a contract or abandons the work prematurely.
Mrs. Mongkolvanich emphasized the importance of these amendments, noting that the current appeal rights have led to significant delays in procurement and subsequent budget disbursements. The new regulation is expected to streamline the process, ensuring that government agencies can carry out procurement more efficiently. Appeals that are already in process by April 19, 2025, will continue to be reviewed until their conclusion.