Page 227 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

(1) in the case of consultancy work for carrying out routine work, work requiring
quality standards in accordance with existing professional principles or uncomplicated work,
a State agency shall select tenderers of proposals meeting the quality criteria and select the
one tendering the lowest price;
(2) in the case of consultancy work which requires compliance with standards of a
State agency or complicated work, a State agency shall select tenderers of proposals meeting
the quality criteria and select the one achieving the highest total scores from the quality and
price considerations;
(3) in the case of very complicated consultancy work, a State agency shall select
tenderers of proposals meeting the quality criteria and select the one achieving the highest
score from the quality consideration.

Power to Order for Procurement of Consultancy Work
Clause 127. Procurement for consultancy work shall be under the power of persons
holding positions with cost estimate as follows:
(1) head of the State agency, not exceeding 100,000,000 baht;
(2) persons holding one level higher position, exceeding 100,000,000 baht.
The persons holding one level higher position under paragraph one shall be in

accordance with the account attached to this Regulation.
Clause 128. Any State enterprise requiring to specify competent persons and cost
estimation for procurement in pursuance of Clause 127 differently from what prescribed in
this Regulation shall propose to the Ruling Committee for approval. When the approval is
granted, such matter shall be informed to the State Audit Office of the Kingdom of Thailand.

Remuneration of Consultancy Work
Clause 129. The rate for remuneration of consultancy work shall be suitable and
economical by concerning work elements, such as types of assignment, remuneration rate for
the same type of work paid by other State agencies, number of man-months as seen
appropriate, cost of living index, etc. In this regard, such rate must not be higher than the rate
for consultancy work prescribed by the person in charge of this Regulation (if any).

Advance Payment
Clause 130. In the case where it is necessary for advance payment, not more than
fifteen percent of the remuneration under contract can be settled and the consultant who is the
contractual party shall use a guarantee document or electronic guarantee of domestic banks as
a guarantee for such advance payment. The State agency shall return such guarantee
document to the contractual party when the State agency deducts the advance payment from
the remuneration completely paid based on performance of each stage. In this regard, it shall
be specified as conditions in solicitation notifications and documents or invitation documents
and in the contract.
For a procurement conducted with a State agency, not more than fifty percent of the
remuneration under Contract shall be settled as the advance payment and there may not be
advance payment guarantee.

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