Page 233 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

(5) review mutual benefits among the tenderers and documents submitted by the
providers and select the providers who do not have mutual benefits with other providers with
complete, accurate documents and qualifications and proposal that are in line with the
conditions specified by the State agency in the solicitation documents.
In the consideration process, the committee may inquire additional facts from
any provider, but cannot ask them to amend a material part proposed. If the committee sees

that any provider does not possess complete qualifications according to the conditions
specified by the State agency in the solicitation documents, the committee shall remove the
name of such provider from the selection;
In the case where any service provider incompletely submits required
documents, or proposes details that are different from the conditions prescribed in the
solicitation document in terms of non-essential contents, but such difference does not
disadvantage other service providers or is only a petty offence, the right of such service
provider shall not be withdrawn and the process can be further proceeded.
(6) consider proposal of providers meeting the conditions under (5) whose quality
and qualifications are beneficial to the State agency and propose for procurement for the
providers who achieve the highest quality scores and make them in order of the scores.
In the case where the selected provider obtaining the highest quality scores
does not settle into contract with the State agency within the time specified in the documents

for construction design work, the committee shall consider the provider obtaining the second
highest quality scores;
(7) provide report of consideration results by applying the provisions under Clause
114 (4) mutatis mutandis.

Clause 150. When the committee for design or construction supervision work by

the selection method has considered the proposals according to Clause 149 and it turns out
that there is only one tenderer, or there are several providers tendering proposal, but only one
provider 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 provider.
In the case where there are no providers 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 according to
Section 82 (1). 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 140.

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