Page 190 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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Volume 134 Special Part 210 D Government Gazette August 23, 2017

(2) in a capital relationship by partner of general partnership, or general partner in
partnership, or major shareholder in limited company or public company limited, partner in

general partnership or limited partnership, or another or other major partners in limited
company or public company limited tendering quotations or proposals to a State agency for
the same procurement;
“major shareholder” means any shareholder holding more than 25 percent of shares
of such business or other amount as seen appropriate by the person in charge of this
Regulation for the size of businesses;
(3) in a crossing relationship between (1) and (2) by manager, managing partner,
managing director, executive or person competent to conduct businesses of natural persons or
juristic persons in general partnership or limited partnership or the major partnership in
limited company or public company limited, either one or more, tendering quotations or
proposals to a State agency for the same procurement, or on the other hand.
Holding a position, being a partner or entering into such shares for spouses or
children that have not yet become sui juris of persons under (1), (2), or (3) shall be deemed as
holding a position, being a partner or entering into shares of such person.
In the case where a person uses another person’s name as manager, managing
partner, managing director, executive, partner or shareholder while he himself or she herself
is actually the one who exercises the management power, or being the true partner or
shareholder of the partnership or limited company or public company limited, as the case
may be, and such relevant partnership or limited company or company public company has
tendered prices or proposals to such State agency for the same procurement, it shall be
deemed that the tenderers are in a relationship under (1), (2), or (3), as the case may be;
“impeding fair competition” means one or several tenderers have committed an

action that is to impede or obstruct or limit opportunity for fair competition in tendering
prices or proposals to State agencies, no matters it is in agreement, or by giving, requesting,
or accepting to offer, calling for, accepting, or agreeing to receive the money, or properties or
other benefits or committing an act of violence or threatening to commit an act of violence or
submitting inaccurate documents or implying to commit any dishonesty in bidding with
purposes to seek for benefits among the tenderers or to provide benefits for any of the
tenderers to be eligible for entering into agreement with such State agency, or to avoid fair
competition, or to put the State agency at disadvantage which is not a usual business
operation;
“person with duty to review qualifications” means the committee to consider
electronic tendering results under Clause 55, the committee to consider price tenders under
Clause 70, the committee for procurement under the selection procedures under Clause 74,
the committee in charge of consultancy work by the general solicitation notification method
under Clause 114, the committee in charge of consultancy work by the selection method
under Clause 123, the committee in charge of design and consultancy supervision work by
the general solicitation notification method under Clause 146, the committee in charge of
design and construction supervision work by the selection method under Clause 149, and the
committee in charge of the design and construction supervision work by the method of design
competition under Clause 155.

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