Page 200 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 36. Prescribing that the Comptroller-General’s Department shall submit
the procurement documents and solicitation notifications via the e-market method to the
operators registering in the electronic public procurement system who have already uploaded
specifications of supplies onto the supply system according to the procurement documents
and solicitation notifications via the e-market method of the State agency and deliver such
documents to the State Audit Office of the Kingdom of Thailand through the electronic
system.

In the case where any operator has qualifications meeting the requirements in the
procurement documents and solicitation notifications, but has not yet registered on the public
procurement electronic system, such operator shall need to register on the electronic public
procurement system and must upload specifications of supplies on the supply system prior to
the price tenders.

Clause 37. When it is the day of e-market price tenders, the following acts shall
be executed:

(1) In the case where it is a procurement under Clause 30 (1), the operator shall
access to the e-market system and propose the price within the specified time. The quotation
can be submitted only once.
(2) In the case where it is a procurement under Clause 30 (2), the operators shall
access to the e-market system by registering within 15 minutes prior to the bidding process
and undergo testing for 15 minutes and propose quotation within 30 minutes. The quotation
can be submitted as many as preferred.
The date for bidding under paragraph one shall not be shortened or postponed, or
changed, with an exception for the case where the Comptroller-General’s Department

postpones the date and time for bidding due to problems regarding the bidding through the
electronic public procurement system. The Comptroller-General’s Department shall inform
the results of the operation to the Ruling Committee.
Clause 38. When the bidding period elapses under Clause 37, if it appears that
there are many tenderers proposing the lowest price, it prescribes that the officer shall
consider the first tenderer quoting the lowest price on the e-market system as the successful
tenderer.
In the case where there is only one tenderer joining the bidding, if the quoted price is
appropriate and beneficial to the State agency, the officer shall propose to the head of State
agency through the head officer to consider the price quoted by such tenderer.

If there is no tenderer joining the bidding, the officer shall propose to the head of
State agency through the head officer to consider cancelling such procurement and proceed
for a new procurement through the new e-market system or proceed for a procurement by the
selection method under Section 56 paragraph one (1) (a), or the specific method under
Section 56 paragraph one (2) (a), as the case may be. This is excepting in the case where the
State agency proceeds for a procurement by the selection or specific method with other
reasons. In such case, the procurement process shall be conducted again by providing a report
for procurement under Clause 22.

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