Public Participation in the Examination and Fraud prevention under the Law regarding Government Procurement and Supplies

Abstract

            The act of government procurement and supply management B.E. 2560 (2017), Section 16 provides that State agencies assign people to participate in observation for any process of procurement of State agencies and Section 18 provides the observer with knowledge, expertise or experience as necessary for the procurement project that participated in the procurement observation by providing the observers should report his opinion and recommendation to the Counter Corruption Cooperation Commission (Section 18). This provision is a problem reflecting that the said act still has deficiencies in the opportunity for the public sector to participate in prevention of corruption relating to government procurement
            In the comparative analysis of Section 49 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) and Section 16 of the act of government procurement and supply management B.E. 2560 (2017), it shall be seen that the provision of Section 49 directly provide opportunities to the public participate in the control and examination by providing any person who knows that there is an action in order to exercise the rights or liberties to overthrow the government of democratic regime, he shall has the rights to petition to the Attorney General submitting the request to the Constitutional Court for an order to dismiss such action. The provision of Section 49, therefore, allow people to participate in concrete ways and having legal development in admitting the public participation more than the provision of Section 16 under the act of government procurement and supply management B.E. 2560 (2017)
             The results of such comparative analysis If there is the amendment to the provision of Section 16 under the act of government procurement and supply management B.E. 2560 (2017) according to the recommendation of this research, it may be the result in government procurement and supply management having the provision that promote the public sector participate in the examination of government procurement that is considered to create a new measure which is innovation and development in the public participation and help prevent the corruption and wrongful conduct in the government procurement to be more efficient. In addition, the government procurement will be transparent and shall be examined, including confidence from the general public.