Adherence to compliance and ethical standards is essential in government procurement. The guidelines are designed to promote transparency, fairness, and accountability. Here’s what you need to know:
- Compliance with the Public Procurement Act:
- Thailand’s Government Procurement and Supplies Management Act, B.E. 2560 (2017), governs all procurement activities. This Act mandates that procurement be fair and competitive, with open access to opportunities for all qualified vendors. It also outlines penalties for non-compliance.
- Be sure to familiarize yourself with the different procurement methods allowed by the Act, such as general solicitation and selected invitation. These methods have specific guidelines regarding bidder eligibility and project requirements. For more information, see Public Procurement Regulations.
- Key Ethical Standards to Follow:
- Avoid Conflicts of Interest: Disclose any potential conflicts of interest, especially if you or your partners have existing relationships with any government agencies involved in the tender.
- Prevent Fraud and Corruption: Thailand has stringent anti-corruption laws that apply to all aspects of government procurement. Avoid offering any gifts, bribes, or inducements to government officials. Violating these laws can lead to severe penalties, including blacklisting and criminal charges.
- Respect Confidentiality and IP Rights: Do not share confidential information about the bid or project with unauthorized parties. If the tender involves proprietary technology or sensitive information, ensure that all parties involved sign non-disclosure agreements.
- Monitoring and Reporting:
- After contract award, compliance doesn’t end. Government agencies will monitor project execution, and any breaches can lead to penalties or even blacklisting. Regularly update the agency on project progress and report any issues promptly.
- In case of any ethical concerns or if you suspect fraud or non-compliance, report them through official channels. This can help maintain a transparent procurement environment.
- Consequences of Non-Compliance:
- Violations can lead to severe consequences, such as financial penalties, blacklisting, and loss of bidding rights. For example, failing to adhere to contractual obligations or engaging in corrupt practices can result in your company being barred from future tenders.
For further details, you can explore Thailand’s Government Procurement Regulations and Policies. Additionally, review the Public Procurement Ethics Guidelines(
H&P Law Firm) for guidance on ethical conduct in public tenders.
By following these strategies and maintaining a strong ethical standing, you’ll be better positioned to secure and successfully complete government contracts in Thailand.