Abstract
This research study, titled “An Analysis of Preventive Approaches for Building
Contractor Abandonment under the Law on Public Procurement and Supplies Administration:
A Case Study of Office Permanent Secretary of Public Health Ministry’s Hospital Construction”
aims to identify the underlying causes and problems, both legal and practical, that lead to
construction delays and project abandonment by hospital construction contractors under the
Office of the Permanent Secretary, Ministry of Public Health. The study particularly emphasizes
the “pre-contractual” phase as a critical focus area.
The research employs an empirical research approach utilizing qualitative data from
both primary and secondary sources, including in-depth interviews, focus group discussions,
and comprehensive document analysis of relevant legislation, including domestic law,
international law, European Union law, and foreign legal frameworks for comparative analysis.
Additionally, the study examines adjudications and decisions rendered by state committees
and arbitral bodies with jurisdiction over public procurement processes. The findings reveal
that the provisions in the Civil and Commercial Code contain criteria that do not
comprehensively address potential issues arising within the legal relationship of construction
contracts, which constitute “contracts for work.” Despite the enactment of the Public
Procurement and Government Procurement Administration Act B.E. 2560 (2017) and various
subordinate legislation, the legal rules and detailed provisions primarily focus on achieving
value for money in budget expenditure and preventing corruption in procurement processes.
Meanwhile, objectives concerning efficiency and effectiveness are stated merely as principles,
along with administrative management problems that arise in practice from procurement
processes. Consequently, this leads to recommendations for systematically addressing issues
through legal mechanisms and measures in public procurement and government procurement
administration to achieve the objectives of efficient and effective procurement for hospital
building construction projects under the Office of the Permanent Secretary, Ministry of Public
Health.
