Page 228 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Chapter 4
Design or Construction Work Supervision
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Part 1
General Provisions
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Clause 131. In the case where any of the central administration, the provincial
administration, or the local administration does not have an agency for design or construction

work, or does have but such agency cannot make a design or supervise construction, the
agency may request for cooperation from the Department of Public Works and Town &
Country Planning, Fine Arts Department, or other State agencies that have an agency for
design or construction work supervision.
Clause 132. Any State agency that wishes to hire design or construction
supervision work for other State agency shall specify criteria, procedures and procurement
details for design or construction supervision work and propose to the Policy Committee for
approval. When the approval is granted, the State agency shall proceed according to the
procedures specified.
In the case where it is appropriate, the Policy Committee may announce to specify
criteria, procedures and procurement details for design or construction supervision work for
State agencies to follow.

Clause 133. The provider of design or construction supervision work that is a
contractual party of a State agency must not have interest with the construction contractor of
such work in the following situations:
(1) having direct interests. The provider shall not be the construction contractor of
the work in which it is a contractual party of the State agency;
(2) having indirect interests. The provider shall not be a subcontractor of a
contractual party of a State agency for the work in which it is the provider.
Clause 134. The provider for design or construction supervision work which is a
natural person shall be a Thai citizen and possess professional license for architecture or
engineering for the work as prescribed by the Act on Architectural or Engineering

Professions, as the case may be.
The provider which is a juristic person, managing director, or managing partner of
such juristic person must be a Thai citizen and a juristic person of which more than fifty
percent of the established capital of the shareholders are Thai.
Clause 135. In the case where the employer or other State agencies wish to use the
construction plan for other constructions outside ones prescribed in the contract, such
employer or State agencies shall pay fees to such provider for the construction design
according to the rate specified by the person in charge of this Regulation.

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