Guidelines for Developing Public Construction Procurement Laws Based on a Comparative Study of the Laws in Thailand and Singapore

Abstract

The objective of this study is to analyze the alignment of the provisions of the laws with the legal principles using the documentary research method. The primary documents include Thailand’s Public Procurement and Supplies Management Act, B.E. 2560, related regulations compared with Singapore’s Government Procurement Act 1997, and associated regulations, focusing on construction procurement. The results showed that Thai legislation still lacks mechanisms for implementing certain provisions, which hinder adherence to legal principles. The following development guidelines are proposed to ensure the legal principles: 1) Value for money – criteria for proposal evaluation must include both performance and price for all types of construction procurements, and unacceptable low-bid inspection procedures must be established; 2) Transparency – details of building contractor registration and tendering limits should be specified; contractors’ past performance databases should be developed to support contractor selection, Limited Tendering in particular; time for tender announcements and proposal submission should be extended; a mechanism for balancing the powers of a committee should be established; and the committee must consist of people who have expertise in construction; 3) Efficiency and effectiveness –the database of contractors should be developed to reduce time and resources for contractors’ screening processes; and procurement plans should be strictly announced in advance; 4) Effective monitoring system –the Thai e-GP should provide a progress reporting system that tracks construction projects from the beginning stage to completion for the general public to access the information and for government authorities to utilize the data to evaluate future bidders.