Legal service for foreign clients
Government Procurement, Bid Protests and Contract Claims in Thailand
Losing to a slanted specification and losing on price are two completely different legal situations.
Quick answer
State purchasing runs under the Public Procurement and Supplies Administration Act B.E. 2560. A bidder who sees a specification written around one brand, or a committee that departs from its own published criteria, may complain to the purchasing agency and appeal to the appeal committee inside a very short window, and may then bring the case before the Administrative Court when that answer falls short. We act for bidders and for suppliers facing liquidated damages, forfeited guarantees, or listing as a defaulting contractor. Engagements start at THB 45,000.
From THB 45,000 — Fees track the project value and the number of grounds; agency-level appeals are quoted separately from Administrative Court work. · A complaint can be drafted in three to five working days; Administrative Court cases usually run one to three years per instance.
Who this is for
- Contractors rejected despite meeting every qualification at the lowest price
- Vendors who find the specification tailored to a single product
- Suppliers billed daily penalties out of proportion to the delay
- Companies about to be named as defaulting contractors
- Consultants who want state contract drafts reviewed before signature
What you receive
- A memorandum pinpointing where the invitation breaches fair-competition principles
- The agency complaint and the appeal, with the full documentary annexes
- Administrative Court pleadings and a stay application where justified
- A penalty rebuttal built on a delivery and force-majeure timeline
- Redlines to the contract and guarantee terms that rebalance the risk
Documents to prepare
- The invitation, the tender pack and every clarification issued
- The submitted proposal with proof of electronic lodgement
- The award decision and the reasons the agency gave
- The contract, the notices to proceed and the delivery records
- Any penalty demand or default-listing notice
How it works
5-step process
- 1
Read the conditions before reading the result
The strongest ground usually sits in the tender pack rather than the scoring sheet, because exclusionary wording is set at the outset.
- 2
Count the days from the moment of notice
Appeal windows run in days, not months, and weeks of internal discussion often extinguish the right before anything is filed.
- 3
Split the technical case from the legal case
Engineers explain why the offered item is equivalent; counsel explains why the agency was obliged to consider it, and the two must be written apart.
- 4
Protect future eligibility
A reasoned challenge through the statutory channel does not disqualify a firm from the next project, unlike silence followed by non-delivery.
- 5
Follow through on the ruling
Winning the appeal still requires chasing implementation and recording the losses suffered while waiting, so they can be recovered.
FAQ
Frequently asked questions
Does a complaint freeze the project?
Not automatically, and the agency may still sign in some situations, which is why a stay order from the Administrative Court matters when the harm would later be irreversible.
Can a default listing be undone?
It can be contested before and after the order by showing the delay came from causes outside the contractor's control, or from the agency's own late handover, supported by site records.
May foreign firms bid for Thai state work?
Often yes, though some projects are reserved for locally registered operators or set shareholding conditions, so the qualification clause should be checked before investing in a bid.
Are daily penalties negotiable?
Courts may reduce a penalty that is manifestly excessive, and agencies have their own relief practice when the delay was not the contractor's doing; the key is a documented sequence of events.
Is a deposit required to appeal?
The procurement appeal itself needs no deposit, but the bid bond lodged with the proposal stays committed until the process closes.
Can the agency's internal papers be obtained?
Yes, through the official information law, including evaluation reports and committee minutes, which are frequently the single most useful proof that the assessment departed from the criteria.
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Written by: Thai Law & Accounting Services — attorneys and licensed accountants
Reviewed by: Reviewed by a Notarial Services Attorney registered with the Lawyers Council of Thailand.
Last updated: 2026-08
Information as of August 2026. Government fees and processing times change — verify with the relevant agency before acting, or let our team verify for you.