Page 212 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 76. For the procurement under Section 56 paragraph one (1) (g), if it cannot
be operated normally, the committee shall inform the operators to submit technical proposals
for consideration in order to be in line with the requirements prior to the consideration in
terms of price. The Committee shall consider selecting the best technical proposals and
ranking. After that, the officers shall invite the tenderers who submit the best technical
proposals to submit another quotation for the price and shall negotiate to obtain the most
suitable price. If the negotiation does not work, a negotiation shall be conducted to the
tenderers with best technical proposals.
If the act under paragraph one is followed, but not effective, the opinions shall be
referred to the head of State agency through the head officers to dismiss such procurement
and to order to conduct a new procurement once again by using the specific method
according to Section 56 paragraph one (2) (a).

Clause 77. The provisions of Clause 42 shall be applied to the announcement of
successful tenderer in the procurement or successful tenderer from the selection method
mutatis mutandis.

Specific Method
Clause 78. When the head of State agency grants approval the procurement
report under Clause 22, the Procurement Committee by means of Specific Method shall carry
out the following acts:

(1) providing solicitation for any operator whose qualifications matching the
conditions prescribed by the State agency to submit quotation or negotiate prices by carrying
out the following act.
(a) for the case under Section 56 paragraph one (2) (a), prescribing that
operators that directly sell or provide contracting works of such supplies shall be invited to
tender prices; or the committee may invite tenderers from those joining procurement through
the general solicitation method or the selection method that have been formerly cancelled (if
any) to tender prices again. In this regard, if the operator agreed to conduct procurement has
proposed higher price than the focal price in the market or than the cost estimate, or the price
seen by the committee as appropriate, it prescribes that the committee shall be able to
negotiate the price with such tenderer;
(b) for the case under Section 56 paragraph one (2) (c) (d), prescribing that
operators that directly sell or provide contracting works of such supplies shall be invited to
tender prices. If seeing that the quoted price is higher than the local price, or the price seen by
the committee as appropriate, it prescribes that the committee shall be able to negotiate the
price with such tenderer to be lowest as possible;
(c) for the case under Section 56 paragraph one (2) (e), the committee shall
negotiate with the former operators according to the contract or agreement which is not due
in order to request for a procurement with a lower or equal price within a better or the same
conditions by concerning the price per unit according to the former contract (if any) to
achieve the highest benefits of the State agency;
(d) for the case under Section (2) (f), the act can be carried out through the
price negotiation method;
(e) for the case under Section 56 paragraph one (2) (g), it prescribes to
invite the owner of the land or construction to tender the price. If seeing that the quoted price
is still higher than the market price, or than the price seen by the committee as appropriate,
the quoted price shall be negotiated to be as low as possible;
(2) providing reports of consideration result by applying the provisions of Clause
55 (4) mutatis mutandis.

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