How to Write a Bid Protest Letter in Thailand: Deadlines, Committee for Appeals and E‑bidding Complaints

Understanding how to write a bid protest letter is one of the most consequential skills for any supplier competing in Thailand’s government procurement system. Under the Public Procurement and Supplies Administration Act B. E. 2560 (2017), bidders who believe an award decision is flawed have a narrow window, often just seven working days from the date results are published on the Gprocurement e‑bidding platform, to lodge a formal written appeal. Thailand’s ongoing four-pillar procurement reform programme is expanding the role of e‑GP and tightening transparency requirements, making the appeals process more accessible but also more procedurally strict.

This guide walks procurement managers, suppliers, and their counsel through every stage: choosing the right forum, meeting critical deadlines, structuring the letter itself, assembling evidence, and, if necessary, escalating to the Committee for Appeals and Complaints Review or the Administrative Court.

Quick Summary: What This Guide Covers

This article is designed for local and foreign bidders participating in Thai public tenders who need to challenge an award decision or a disqualification. It is equally useful for in-house counsel and compliance teams drafting complaints on behalf of their organisations.

Yes, you can protest a public procurement decision in Thailand. The Act establishes three escalating routes:

• Agency re‑examination. A written appeal submitted directly to the contracting agency that ran the tender.
• Committee for Appeals and Complaints Review. A statutory body with the power to suspend procurement and order corrective action.
• Administrative Court (judicial review). A formal petition for injunction or annulment once administrative remedies are exhausted.

Each route has distinct deadlines, evidentiary requirements, and available remedies. The sections below cover them in the order a bidder would typically encounter them.

Key Decisions: Which Route to Take

Before drafting a single word, determine which forum best serves your objectives. The choice depends on the urgency of relief needed, the strength of your evidence, and whether you want the procurement suspended while your complaint is reviewed.

Agency Re‑Examination

This is the mandatory first step for most e‑GP procurement protests. It is the fastest route and the least costly. You write a bid protest letter addressed to the head of the contracting agency, setting out the factual and legal grounds for your challenge. The agency must consider your complaint and respond within the statutory period. If the agency agrees, it can order corrective action, typically a re-evaluation of scores or a partial re-tender, without further escalation.

Committee for Appeals and Complaints Review

If the agency rejects your appeal, or if the complaint relates to systemic issues such as rigged terms of reference or conflicts of interest, the Committee becomes the appropriate forum. The Committee has broader powers, including the ability to suspend procurement entirely while it investigates.

Administrative Court

Judicial review is appropriate when administrative remedies have been exhausted or when urgent injunctive relief is needed to prevent irreparable harm, for example, when a contract is about to be signed before the Committee can act. The Administrative Court applies a standard of illegality or abuse of discretion and can annul the procurement decision.

When to Seek Urgent Interim Relief

If the contract award is imminent and the administrative channels are too slow, the Administrative Court can grant interim injunctions. Industry observers note that courts typically require the petitioner to demonstrate a prima facie case of illegality and a risk of serious, irreversible harm. This route is faster than full judicial review but requires strong documentary evidence at the outset.

How to Write a Bid Protest Letter: Deadlines and E‑GP Timings

Missing a deadline is the single most common, and most fatal, mistake in Thailand’s bidder appeals process. The clock starts on the date the procurement results are published on the e‑GP platform (gprocurement.go.th). The table below sets out the key milestones under the Public Procurement and Supplies Administration Act B.E. 2560.

Critical note: the seven-working-day period for bidder appeals in Thailand runs from the e‑GP publication date, not from any separate letter of notification. Bidders should monitor the Gprocurement portal daily during the evaluation period and set calendar alerts. Some tender documents contain agency-specific appeal windows, always check the terms of reference for any deviation.

How to Draft the Bid Protest Letter: Structure, Required Facts and Sample Template

The strength of a bid protest letter lies in its clarity and completeness. Thai contracting agencies receive numerous complaints; a well-structured letter that marshals facts, statutory references, and evidence in a logical sequence is far more likely to succeed than a discursive narrative. Below is the recommended structure.

Essential Facts to State

• Bidder identification. Full legal name, registered address, tax identification number, and the name and contact details of the authorised representative.
• Solicitation details. Tender or solicitation number, the name of the procurement unit, the method of procurement (e‑bidding, price inquiry, or specific method), and the date the award was published on e‑GP.
• Statement of facts. Numbered paragraphs describing the alleged error in chronological order, who did what, when, and how it deviated from the rules. Keep each paragraph to a single factual point.
• Remedy sought. State explicitly whether you are requesting cancellation of the award, re-evaluation of bids, disqualification of the winning bidder, or other corrective action.

Legal Grounds and Statutory References You Should Cite

Every bid protest letter should cite the specific provisions of the Public Procurement and Supplies Administration Act B.E. 2560 that have been violated. Common grounds include:

• Non-compliance with mandatory procurement procedures (e.g., failure to follow the prescribed e‑bidding steps on the E‑GP procurement platform).
• Bias or conflict of interest in the evaluation committee.
• Scoring errors, mathematical mistakes or failure to apply published evaluation criteria consistently.
• Restrictive terms of reference that unjustifiably narrow the field of eligible bidders.

Reference the applicable sections of the Act and any Comptroller General’s Department (CGD) circulars that set out detailed evaluation rules for the procurement method in question.

Sample Bid Protest Letter Template (Redacted)

The following template is illustrative. Adapt the content to your specific facts and confirm all statutory references with qualified counsel before submission.

Evidence Checklist and Attachments for E‑Bidding Complaints

Proper evidence handling determines whether your protest is taken seriously. For e‑GP procurement complaints, assemble the following:

• Timestamped screenshots. Capture the e‑GP results page, award announcement, and any relevant system-generated notifications. Include the browser URL bar and system clock.
• Bid documents. A full copy of your submitted bid and any clarification correspondence.
• Terms of reference (TOR). The published solicitation documents downloaded from Gprocurement.
• Score sheets. If the agency published partial or full scoring, obtain and exhibit these.
• Communication logs. Emails, e‑GP messages, or physical correspondence with the agency.
• Witness declarations. Signed statements from company personnel who can attest to irregularities they observed during the tender process.

Name all files with a consistent convention (e.g., Exhibit_01_eGP_Results_Screenshot_YYYYMMDD.pdf) and submit in PDF format. Deliver both electronically (via e‑GP where the platform allows, or by certified email) and in hard copy by courier to create a clear delivery record.

Committee for Appeals and Complaints Review: Role, Powers and Preparing Submissions

The Committee for Appeals and Complaints Review is a statutory body established under the Public Procurement and Supplies Administration Act B.E. 2560. It serves as the primary independent review mechanism for procurement disputes that cannot be resolved at agency level.

Committee Composition and When It Can Suspend Procurement

The Act provides for the committee to include qualified individuals with expertise in procurement, law, and the relevant technical field. Its composition is designed to ensure independence from the contracting agency under review. Critically, the Committee has the power to:

• Suspend procurement. If the complaint appears to have merit and continuing the process could cause irreversible harm, the Committee can order a halt.
• Order re-evaluation. Direct the agency to re-score bids applying the correct criteria.
• Order a fresh tender. In cases of fundamental procedural flaws, the Committee can void the entire procurement and require it to be re-run.
• Order corrective action. Any other measure necessary to bring the procurement into compliance with the Act.

Procedural Steps: Hearing, Evidence and Timelines

When a complaint is escalated to the Committee, the contracting agency is required to transmit the case file. The Committee reviews documentary evidence and may request additional submissions from both the complainant and the agency. In most cases, decisions are made on the papers, but the Committee may grant an oral hearing where the factual issues are complex.

Prepare your committee submission as a standalone document that does not assume the reader has seen your original agency-level letter. Include:

• A clear summary of the disputed decision and the agency’s response.
• Any new evidence obtained after the agency-level appeal.
• A specific request for interim suspension if the procurement is proceeding despite the complaint.
• Redacted versions of any commercially sensitive documents, with unredacted originals available for confidential review.

The likely practical effect of a well-prepared committee submission is a faster review and a greater chance that interim suspension is granted, since the Committee can act without the formality of court proceedings.

Filing for Judicial Review at the Administrative Court

Where administrative remedies have been exhausted, or where time constraints make agency and committee review impractical, a bidder may petition the Administrative Court for judicial review. This is the most powerful but also the most resource-intensive route available when learning how to write a bid protest letter and escalate beyond administrative channels.

Grounds and Standard of Review

The Administrative Court reviews procurement decisions on grounds of illegality, abuse of discretion, procedural unfairness, and failure to follow mandatory rules prescribed by the Act. The court can:

• Annul the procurement decision entirely.
• Grant injunctive relief, ordering a temporary suspension of the contract award pending full hearing.
• Award damages in exceptional circumstances, though this remedy remains rare in procurement cases.

Interim Relief Procedure

For urgent matters, the Administrative Court can issue interim measures within days or weeks. The petitioner must demonstrate that the contested decision is likely unlawful and that proceeding with the award would cause serious, irreversible harm. Early indications from published court practice suggest that strong documentary evidence, including timestamped e‑GP records and a clear paper trail of the agency-level complaint, significantly strengthens an interim relief application.

Practical Tips, Tactical Considerations and Common Mistakes

Experience with Thailand’s procurement appeals system reveals recurring patterns. Avoid these common pitfalls:

• Missing the seven-day window. This is the number-one reason bid protest letters fail. Set automated alerts on the e‑GP platform and check results daily.
• Vague or speculative allegations. Stick to facts you can prove with documentary evidence. Assertions of corruption without supporting exhibits will be dismissed.
• Unsigned or improperly authorised submissions. Ensure the letter is signed by an authorised representative and, where required, bears the company seal.
• Failure to preserve e‑GP evidence. Screenshots expire or become inaccessible. Capture and timestamp all relevant Gprocurement pages immediately upon learning the result.
• Ignoring the escalation path. Jumping to the Administrative Court without exhausting agency and committee review may result in the court declining jurisdiction.
• Neglecting the physical copy. Even when electronic filing is used, many agencies require a hard-copy original delivered by courier for the file of record.

Remedies and Timelines by Forum

The following comparison table summarises the remedies available and typical decision timelines across all three forums under the government procurement system in Thailand.

Sample Letter Download and Worked Example

Consider a hypothetical scenario: a Thai-registered technology supplier participates in an e‑bidding tender for government IT services. The e‑GP results show a competitor winning despite a lower technical score, and the published scorecard reveals that the agency applied an evaluation criterion not listed in the terms of reference. The supplier would complete the sample template above by entering the solicitation number, quoting the TOR provision that lists the authorised criteria, attaching a screenshot of the published scorecard from Gprocurement, and requesting re-evaluation as the specific remedy.

A printable one-page sample letter and a separate evidence checklist (PDF) are available for download. These templates should be adapted to your specific facts and reviewed by qualified counsel before submission to any Thai government agency.

Conclusion

Knowing how to write a bid protest letter under Thailand’s procurement framework is essential for any supplier serious about protecting its commercial interests. The fastest route to relief starts with a clear, evidence-backed letter to the contracting agency within seven working days of the e‑GP publication, followed by escalation to the Committee for Appeals and Complaints Review if necessary, and ultimately to the Administrative Court for injunctive or annulment relief. Each stage demands precision, in deadlines, statutory citations, and documentary evidence. Bidders operating within the Thai administrative practice area are encouraged to consult qualified counsel early, particularly for high-value tenders where the stakes justify the full escalation path.

For specialist guidance, explore the Thailand administrative lawyer directory to connect with practitioners experienced in government procurement disputes.

Sources

1. Public Procurement and Supplies Administration Act, B.E. 2560 (2017)
2. Gprocurement, Thailand Electronic Government Procurement Portal (e‑GP)
3. Comptroller General’s Department (CGD), Ministry of Finance
4. Thailand Government, Procurement Reform Announcement
5. OECD, Responsible Business Conduct for Sustainable Infrastructure in Thailand