Page 207 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 56. In the case where it appears that there is only one tenderer, or there
are several tenderers but only one tenderer fulfills the requirements, the committee in charge
of electronic price tender shall propose to the head of State agency through the head officer to
dismiss such electronic price tender. However, if the committee considers and sees that there
is a reasonable cause to continue the process without dismissing the electronic price tender,
the committee shall carry out the act under Clause 57 or Clause 58, as the case may be,
mutatis mutandis.

In the case where there is no tenderers tendering proposals, or the proposals tendered
are not selected, the committee shall propose to the head of State agency through the head
officer to consider dismissing such electric price tender. However, if the head of State agency
considers and sees that a new electronic price tender may not be effective, he or she may
order to proceed for a new procurement by using 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 except for the case where the State agency has proceeded for the specific
method by other reasons. In such case, the new procurement shall be conducted by providing
procurement report under Clause 22.
Clause 57. In considering the results for electronic price tenders, in the case
where price criteria have been adopted, if it turns out that there are several tenderers
tendering the same lowest price, the Committee shall consider the first tenderer proposing the
lowest price to be the successful tenderer.

In the case where it appears that the successful tenderer of the price tenders is higher
than the cost estimate for procurement under Clause 22, the committee shall carry out the
following acts:

(1) negotiate the price to be as low as possible with such tenderer through the
electronic price tender system. In the case where such tenderer agrees to reduce the price and
submit a new quotation to the electronic price tender system and the new price does not
exceed the cost estimate for the procurement; or higher but not exceeding ten 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 ten percent 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 electronic price tender system to quote the price again. The
quotation must be proposed through the electronic price tender 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.

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