Page 226 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 122. In the case where it appears that the price of the successful or selected
consultant is still higher than the cost estimate under Clause 104, the committee in charge of

consultancy work by the selection method shall carry out acts as follows:
(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 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 selection method.
However, if the head of State agency has considered and seen that the new procurement using
the selection method may not be effective, the committee may proceed the process by using
the specific method under Section 70 paragraph one (3) (a). 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 123. The provisions under Clause 118 shall be applied to the announcement
of successful consultant by the selection method mutatis mutandis.

Specific Method
Clause 124. When the head of State agency grants approval for the report for
consultancy work under Clause 104, the committee in charge of consultancy work by the

specific method shall carry out the following acts:
(1) provide solicitation documents for any consultant whose qualifications meet
the conditions prescribed by the State agency to tender a proposal or enter into negotiations;
(2) consider the proposal tendered by the consultant and directly negotiate with
such consultant for the most appropriate, accurate proposal that is most highly beneficial to
the State agency and complies with the objectives of such procurement;
(3) provide a report of consideration results by applying provisions of Clause 114
(4) mutatis mutandis.
Clause 125. The provisions under Clause 118 shall be applied to the announcement
of successful consultant by the specific method mutatis mutandis.

Criteria for Proposal Selection
Clause 126. In considering selection of proposal by the general solicitation
notification method, or the selection method, apart from considering the quality criteria
which consists of (1) performance and experience of the consultant; (2) management and
performance procedures; (3) number of personnel in the team; (4) type of consultant that the
State wishes to promote or support; (5) financial suggestions; and (5) other criteria prescribed
in the Ministerial Regulation, it shall be in accordance with the criteria and weighting under
Section 76 paragraph one as follows:

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