Legal Problems in Procurement of Public Organizations Public Health: A Case Study of Ban Phaeo Hospital (Public Organization)

Abstract

This research study aims to understand the concept of government procurement by public organizations, government procurement laws of foreign countries (the USA,  Japan) and Thai government procurement law in terms of its general principles and problems concerning the organization’s lack of flexibility in compliance with the Government Procurement and Supplies Administration Act B.E. 2560 (2017) (hereinafter referred to as “Thai Government Procurement Act B.E. 2560”). Through a case study of Ban Phaeo Hospital Public Organization, the researcher analyzed the problem concerning the scope of application of the Thai Government Procurement Act B.E. 2560 to public health organization, and further suggested ways to amend the current law when applying to public health organizations.

Focusing on the problem of the lack of flexibility and mobility of public health organizations which result from the strict application of the Government Procurement Act, B.E. 2560, this study uses the information of Ban Phaeo Hospital (Public Organization) as the basis for research. The findings suggest that government hospitals converting status to public organizations occur for added flexibility and mobility in terms of personnel and budget management with fewer administrative processes. However, when the Government Procurement Act, B.E. 2560 is also applicable to public health organizations, they lose benefits from such administrative flexibility. Investigating the data, three issues emerge which are: legal content problems; the problem of the lack of guidelines for the provision of medical supplies; the lack of knowledge on appropriate context for the procurement of public health organizations.  Three recommendations were made in this work.  They are: the determination of the scope of enforcement of the Public Procurement and Supplies Management Act B.E. 2560 (2017) with Public Health Organizations, the issuance of a specific ministerial regulation on the procurement of public health supplies, and the inspection of public health organizations.