Abstract:
This thesis aims to study the replacement of private contractors in public procurement contracts, which fall under administrative contracts. The selection of private contractors will be based on the Public Procurement and Supplies Administration Act, B.E. 2017, in which each method may utilize price, technical criteria or a combination of price and technical criteria. The private sectors must go through the procedure and meet the qualifications as required by law beforehand. Therefore, the qualifications of the private contractors are considered essential in public procurement contracts. If, during the course of the contract, private contractors transfer their contractual obligations to other private sectors, resulting in novation by replacing debtors who have not gone through the selection process as required by law, as a result, government authorities do not consider the qualifications of these private sectors in accordance with legal procedures. This raises the question of whether such cases would affect the validity of the public procurement contract.The study has revealed that, at present, there is no specific law to prohibit the replacement of private contractors in public procurement contracts. Instead, there are only guidelines provided by the Federal Accounting Department for practical understanding. The legal method for applying private law to administrative law remains unclear. Therefore, the author agrees that specific legislation should clearly establish the legal principles on this matter by applying the provisions regarding the prohibition of replacing private contractors in public procurement contracts in the United States and the European Union as a guideline for incorporating such provisions into the Public Procurement and Supplies Administration Act, B.E. 2017, in Thailand.