Page 216 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 91. The advance payment under Clause 89 (1), (2) and (3) shall not request

for collateral.
For the advance payment under Clause 89 (4), the operator which is a contractor
shall use Thai government bonds or guarantee letters or electronic guarantee letters of
domestic banks to guarantee the money advanced, and it prescribes that the state agency shall
return such guarantee letters to the contractor when a State official deducts the money
advanced from the supplies or fees of each instalment completely. In such case, the details
must be specified as conditions in the contract.

Part 3
Rental

Clause 92. For the rental of movable property and rental of real estate according to

the criteria prescribed under this Chapter, it prescribes that the head of state agency shall
consider proceeding the operation based on appropriation and necessity. The regulations in
respect of the purchase of real estates shall be applied to the rental of real estate mutatis
mutandis.
In the case where it is necessary to settle an advance rental fee for a rental of a real
estate and movable property, such action can be done only for the rental of which the rental
period does not more than 3 years according to the following criteria:
(1) rental from a State agency. Not more than fifty percent of the rental fees of
such contract can be settled;
(2) rental from the private sector. Not more than twenty percent of the rental fees
of such contract can be settled.

Rental of Real Estates
Clause 93. The rental of a real estate shall be conducted in the following cases:
(1) renting a land for official benefits;
(2) renting a location for the use as an office in the case where there is not such
location of State agency, or there is, but not sufficient to the use, and if such rented location is
spacious enough, it shall be used as accommodation of persons eligible for rental fees
according to the regulations of the government sector or state agency;
(3) renting a place to be used as accommodation for persons eligible for rental
fees according to the regulations of the government sector or State agency in the case where
the budget needs to be economized.
(4) renting a place to store supplies of State agency in the case where the existing
storage has no sufficient space.
The details regarding rental shall be directly negotiated with the leaser.
Clause 94. Prior to renting premises, prescribing that the officers shall provide a
report and propose to the head of state agency for approval by proposing through the head
officer according to the following list:
(1) reasons and necessity for rental;
(2) rental fees quoted by the leaser;
(3) details of the real estate to be rented, such as conditions of the location
altogether with images (if any), and the latest rental fee, etc.

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