Page 201 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 39. In the case where it appears that the price of the tenderer quoting the
lowest price is higher than the cost estimate for procurement under Clause 22, the officer
shall carry out the following acts:
(1) negotiate the price to be as low as possible with such tenderer through the e-
market system. In the case where such tenderer agrees to reduce the price and submit a new

quotation to the e-market system and the new price does not exceed the cost estimate for the
procurement; or higher but not exceeding 20 percent of the cost estimate for the procurement;
or the officer has negotiated but the tenderer does not agree to reduce the price and the
exceeding amount is not higher than 10% of the cost estimate, if the price is appropriate, the
process shall be proceeded with such tenderer;
(2) if the act carried out under (1) is not successful, the officer shall inform the
tenderers who quote price correctly based on the conditions prescribed in the documents for
procurement through the e-market method to quote the price again. The quotation must be
proposed through the e-market system within the time specified by the State agency. If any of
the tenderer does not resubmit the quotation, it shall be deemed that such tenderer confirms
the price previously quoted. In the case where it appears that the tenderer quoting the lowest
price in the new bidding round does not quote price higher than the cost estimate for
procurement; or higher but the exceeding amount is not higher than ten percent of the cost
estimate, if such price is appropriate, such tenderer shall be offered for the procurement.
(3) In the case where the act under (2) has been carried out, but the result is not
effective, it prescribes that such matter must be proposed to the head of State agency through
the head officer to cancel such procurement. The provisions of Clause 38 paragraph three
shall be applied to the new procurement mutatis mutandis.
Clause 40. After having the successful tenderer of the price tenders under Clause
38, or Clause 39, the officer shall print out a copy of the quotation and tendering documents
of such tenderer from the e-market system and affix his signature on each and every page
thereof.
In the case where the price tendered by the tenderer under paragraph one does not
align with the conditions prescribed in the procurement document for e-market or catalog
methods, or specifications of supplies are not accurate based on the conditions determined in
the procurement documents for the e-market method, it shall be deemed that such tenderer
does not satisfy the determined conditions under the procurement documents for the e-market
method. The official shall propose to the head of State agency through the head officer to
cancel the procurement, or consider the tenderer who tendered the second lowest price to be
the successful tenderer for such price tenders. In this regard, the appropriation and benefits of
the State agency shall be taken into account.
Clause 41. Prescribing that the officer shall report the consideration results and
opinions as well as submitting relating documents to the head of State agency through the
head officer for approval.
Clause 42. When the head of State agency grants approval for the report of
consideration results and the competent person approves the procurement, the head officer
shall publish the name of the successful tenderer on information network systems of the
Comptroller-General’s Department and of such State agency according to the procedures

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