มาตรการในการป้องกันการแข่งขันที่ไม่เป็นธรรมในการจัดซื้อจัดจ้างของรัฐ / กชกร รังคสิริ = The legal measures for protecting unfair competition in government procurement / Kochakorn Rangkasiri
Rule of the Office of Minister on Supply B.E. 2535 [1941] has been used as the standard regulation for the operation of government agencies when requiring supply. Unfortunately, to follow the regulation the state agency always has problems with private sector and has been accused for distorted government procurement and the impediment of price competitiveness. The government has put attempt to solve the problem by revising rule of the Office of Minister on Supply B.E. 2541 [1998] and launching the Act on the Offence of Tender of Price to State Agency B.E. 2542 [1999] including the cabinet approval on the government procurement. However, the disputes still continued because most problems were stemmed from the authority utilization of state agency following the regulation the lack of knowledge of officials, lack of skills of organization scrutinizing the supply problem. Even there was a committee appointed by administrative unit, it has no authority to judge the problem. In my point of view, rule of the Office of Minister on Supply should be amended by launching the Act or the Code of law as well as the committee qualifying on supply should be appointed to monitor all stages of government procurement. Meanwhile, the checking organization should be established to increase the efficiency of government procurement monitoring as well as the committee specificially taking charge of supply dispute consideration.
