Page 225 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

In the case where any consultant incompletely submits documents under the quality
criteria or the details submitted are different from the conditions specified by the State
agency in the notifications or documents for design or construction supervision work,
provided that they are not key substances and such differences do not cause any disadvantage
to other consultants or are minor mistakes, such consultant may not be considered to suspend
the right for tendering proposals and can be proceeded for the next consideration process.
(6) consider for selection of proposals of consultants that are in line with (5) and

achieve the quality criteria prescribed by the State agency and make them in order out of the
scores. The successful consultant shall be selected based on the following criteria:
(a) in the case where the consultancy work is in line with the standards or a
State agency or is a complicated work, the successful consultancy shall be selected from
those with the highest total quality scores and pricing scores;
(b) in the case where the consultancy work is for a very complicated work,
the successful consultancy shall be selected from those with the highest quality scores.
In the case where the selected consultant does not settle into contract with the
State agency within the time specified in the documents for consultancy work, the Committee
shall consider the consultant obtaining the second highest quality scores according to (a) or
(b) as the case may be;
(7) in the case where there are many consultants obtaining equal scores, the
following acts shall be carried out:

(a) in the case under (6) (a), the consultants obtaining the highest quality
scores shall be considered;
(b) in the case under (6) (b), the consultants proposing the lowest price shall
be considered.
(8) the provisions of Clause 114 (4) shall be applied to the provision of report of
consideration results mutatis mutandis.
Clause 121. When the committee for consultancy work by the selection method has
considered the proposals according to Clause 120 and it turns out that there is only one
consultant, or there are several consultants tendering proposal, but only one consultant is
successful, the committee shall propose to the head of State agency through the head officer
to dismiss such selection. However, if the committee considers and sees that there is a

reasonable cause to continue the process without dismissing the selection, 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 selection method may not be effective, he
or she may order to proceed for a new procurement by using the specific method under
Section 70 paragraph one (3) (a). 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.

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