Page 203 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 45. When there is a responsible person under Clause 21 providing a draft
of scope of work or specifications of supplies for procurement, the officer shall provide
procurement documents under Clause 22 and refer the draft of scope of work or
specifications of supplies for procurement to the head of State agency for approval. If the
head of State agency sees that, in order to be cautious, appropriate, beneficial to the State
agency and does not have any condition that impedes the fair competition, there may be a
discussion for the draft of scope of work or specifications of supplies for procurement and the
draft notification and procurement documents by the electronic price tenders from the
operators with the criteria as follows:

(1) If the cost estimate for the procurement is higher than 500,000 baht, but not
exceeds 5,000,000 baht, it shall be at discretion of State agency to publish or not publish
procurement documents for feedback from the operators;
(2) If the cost estimate for the procurement is higher than 5,000,000 baht, it
prescribes that the State agency shall publicize the drafts of announcement and procurement

documents via electronic price tenders for feedback from the operators.
Any State enterprise require determining the price estimation under paragraph one
differently from the price determined in this regulation, it must refer such matter to the
Ruling Committee for approval. When the approval is granted, such matter must be reported
to the State Audit Office of the Kingdom of Thailand.

Clause 46. In the case where the State agency publicizes drafts of the
announcement and procurement documents through the electronic price tenders for feedback
from the operators under Clause 45, the head officer shall proceed for publishing such

documents on information network systems of the Comptroller-General’s Department and
those of State agency for at least 3 consecutive days for operators to submit feedback to the
State agency conducting the procurement directly with identity indicated.
Clause 47. In the case where there is a person submitting feedback, the head
officer altogether with the responsible persons shall provide drafts of scope of work or

specifications of supplies for procurement according to Clause 21 and consider whether it
should be amended and improved or not by carrying out the following acts:
(1) After consideration, if it turns out that drafts of notifications or documents for

procurement by the electronic price tender method should be improved, the head officer shall
provide a report together with opinions and improved drafts of notifications or documents for
procurement by the electronic price tender method and propose to the head of State agency
for approval. When the approval is granted, the officer shall publish such drafts of
notifications or documents for procurement by the price tender method on information
network systems of the Comptroller-General’s Department and those of State agency for at
least 3 consecutive business days and the head officer shall inform all feedback providers in
writing.

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