Page 223 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

consultant is successful, the committee shall propose to the head of State agency through the
head officer to dismiss such general solicitation notification. However, if the committee
considers and sees that there is a reasonable cause to continue the process without dismissing
the general solicitation notification, the committee shall negotiate with such consultant.
In the case where there are no consultants tendering proposals or the proposals
tendered are not selected, the committee shall propose to the head of State agency through the
head officer to consider dismissing such procurement. However, if the head of State agency

considers and sees that a new procurement by the general solicitation notification method
may not be effective, he or she may order to proceed for a new procurement by using the
selection method under Section 70 paragraph one (2) (a) or the specific method under Section
70 paragraph one (3) (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 104.

Clause 116. For consultancy work by the general solicitation notification method, if
it turns out that the price proposed by the selected consultant is still higher than the price
estimate under Clause 104, the committee shall carry out the following acts:
(1) negotiate with the consultant that the committee agrees to hire for the price to
be lowest as much as possible. If such consultant agrees to reduce the price and the price
newly quoted is not higher than the cost estimate, or higher but not exceed ten percent of the
cost estimate, or the consultant does not agree to reduce the price, but the exceeding portion
is not higher than ten percent of the cost estimate, if the committee sees that such price is
appropriate, it shall proceed for the procurement with such consultant;
(2) if the act under (1) is not effective, the committee shall inform all consultants
achieving the quality criteria to resubmit proposals and price proposing envelopes within the
time specified by the State agency. If any consultant does not submit price proposing

envelope, it shall be deemed that such consultant confirms the price previously proposed;
(3) if the act under (2) is not effective, the committee shall propose to the head of
State agency through the head officer to support the discretion for additional budget or
dismiss such procurement and conduct another procurement by using the general solicitation
notification. However, if the head of State agency has considered and seen that the new
procurement using the general solicitation notification method may not be effective, the
committee may proceed the process by using the selection method or the specific method
under Section 70 paragraph one (2) (a) or Section 70 paragraph one (3) (a), as the case may
be. This is except that the State agency has proceeded for the procurement by the specific
method by other reasons. In such case, the procurement shall be conducted again with a

provision of report requesting for procurement under Clause 104.

Clause 117. After completing the acts under Clause 114, Clause 115, or Clause 116,
as the case may be, the committee in charge of consultancy work by the general solicitation
notification method shall report the consideration results and opinions and submit all
documents concerned to the head of State agency through the head officer for approval.

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