Page 215 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)
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Volume 134 Special Part 210 D Government Gazette August 23, 2017
Clause 86. Procurement by means of specific method shall be under the authority
of the persons holding the position and within the budget as follows:
(1) head of state agency, not exceeding 50,000,000 baht;
(2) person with 1 level of superior authority, exceeding 50,000,000 baht;
Clause 87. The person with 1 level of superior authority under Clause 84, Clause
85, and Clause 86 shall be in accordance with the account attached to this regulation.
Clause 88. Any state enterprise requires to define authorized person and budget
for procurement under Clause 84, Clause 85, Clause 86, and Clause 87 differently from the
statement prescribed in this regulation shall propose to the Ruling Committee for approval
and when the approval is granted, the results must be informed to the State Audit Office of
the Kingdom of Thailand.
Advance Payment
Clause 89. Advance payment for supplies to the operator that is a contractor
cannot be done with an exception for the case where the head of State agency sees that it is
necessary to pay and there are conditions defined prior to the settlement of contract or
agreement. In this regard, such act can be carried out only for the cases and according to the
criteria as follows:
(1) procurement from State agency, the payment can be settled not exceeding 50
percent of the procurement price;
(2) the purchase of supplies from State institutes located in foreign countries, or
from other agencies located in foreign countries, which must be conducted through
international organizations, or purchase of scientific utensils or other supplies that the person
in chief of this regulation prescribes, which requires to purchase from the manufacturer or
distributor located in foreign country directly. In such case, the payment can be settled as
agreed with the State institutes or the international organization or as the conditions
prescribed by the seller, as the case may be;
(3) registering for journal or reserving books or purchasing constant data base that
requires member registration and the issuance is based on occasion, such as journals, or
accepting of membership to benefit from information on the information technological
systems. In such case, the actual payment shall be settled;
(4) procurement by the general solicitation method, selection method and specific
method, apart from the case under Section 56 paragraph one (2) (b). It prescribes that the
payment shall be settled only when it does not exceed fifty percent of the procurement price;
however, the supplies rate must be defined as conditions in the announcement and invitation
documents or invitation letters, as the case may be.
Clause 90. The payment according to the international trade norms by opening the
Letter of Credit or using the draft method in the case where the budget does not exceed
500,000 baht or the payment based on the progression of the work in supplies purchase shall
be done without deeming as advance payment.
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