Page 213 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 79. For the case under Section 56 paragraph one (2) (b), it prescribes that
the officers shall negotiate the price with the operators who sell or provide contracting works
of such supplies directly, and the head officers shall conduct the procurement within the
budget approved by the head of State agency under Clause 24.

For the procurement under paragraph one, in the case where it is an emergency that
is not formerly expected, and a usual process cannot be proceeded, it prescribes that the
officers or persons responsible for such performance shall carry out action in the meantime
and submit a report requesting for approval to the head of State agency without delay. When
the head of State agency grants the approval, it shall be deemed that such report is evidence
of inspection for acceptance mutatis mutandis.
Clause 80. The procurement of which the budget slightly exceeds the budget
prescribed in the Ministerial Regulation according to the provisions under Section 96
paragraph two, the State agency may proceed the new procurement through the electronic
systems according to the procedures prescribed by the Comptroller-General’s Department.

Clause 81. Prescribing that the provisions of Clause 42 shall be applied to the
announcement of successful tenderers under the specific method mutatis mutandis.

Design and Construction Work
Clause 82. Any State agency wishes to provide a project of design and
construction work of which the pattern and scope of work covers survey, design and
construction until complete, including the maintenance service during the starting period of
the project, by only one operator, the project must be proposed to the Cabinet for approval
prior to the project initiation.

The procurement for design and construction work can be done in 3 types as
follows:

(1) Design and Build Project is a project of which the investment and
technological budget are high. The project can be managed in many ways. Mostly, it is a new
project that has never conducted before in the country. As a result, it is necessary to hire a
contractor who is knowledgeable, skillful and has techniques to conduct work requiring
special expertise. Especially, the operational payment of the project shall be in installment
based on the progress of the project.
(2) Turnkey Project is a project that the employer shall provide a contractor to
proceed the project until complete in order to receive the operational fee. The contractor may
be responsible for finding funds for the operation of such project and the employer must have
reference-based price to support the consideration of the project.
(3) Design and build project altogether with funding (or complete and full
contract) is a project that combines both types of project. The contractor shall be responsible
for designing and building and finding funds for operating the business. The employer shall
pay the operational fees once the assignment is complete.
Criteria, procedures and process details and procedures for design and building work
shall be as prescribed by the Comptroller-General’s Department with consent of the Policy
Committee.

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