Page 208 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

(3) if the act carried out under (2) is not successful, the officer shall propose

opinions to the head of State agency through the head officer to support the consideration
whether to dismiss or proceed with the procurement, or request for higher cost estimate,
reduce work lists, number of works, or scope of work. However, if such actions cause
disadvantages among the tenderers, the procurement shall be dismissed. 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 58. In considering the results for electronic price tenders, in the case
where price criteria have been adopted to support other criteria, if it turns out that the price of
the tenderer obtaining the highest scores is higher than the cost estimate under Clause 22, the
committee shall 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;

If the act carried out under paragraph one is not successful, the officer shall propose
opinions to the head of State agency through the head officer to support the consideration
whether to request for higher cost estimate or dismiss the procurement and conduct a new
electronic 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 59. Prescribing that the provisions under Clause 42 shall be implemented on
the announcement of successful tenderer by the electronic price tender method mutatis
mutandis.

Clause 60. For international procurement, the following procedures shall be
followed:

(1) the State agency provides a draft of scope of work or specifications of supplies
or construction plan to be procured, as the case may be, according to Clause 21;
(2) provision of procurement documents for the international price tender method
and solicitation notifications shall be at the discretion of the head of State agency whether to
be in the Thai or English language;

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