Page 237 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Chapter 5
Settlement of Contract and Guarantee
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Part 1
Contract
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Clause 161. In signing a contract and amending a contract according to this
Regulation shall be the power of the head of State agencies.
Subject to paragraph one, the contract can be signed only after the period for appeals
has elapsed according to Section 66 paragraph two.

Clause 162. Apart from consultancy work, settlement of written contract or
agreement shall specify a fixed daily penalty at between 0.01-0.20 percent of the price of
undelivered supplies. This is except for any contract that requires the whole work to be
completed at the same time. In such case, a fixed daily penalty shall be specified at 0.01-0.10
percent of the price of such work but shall not be lower than 100 baht per day. For
construction of public utilities that has impact to the traffic, the daily penalty shall be 0.25
percent of the price of such work, but the maximum penalty may be specified according to
the criteria prescribed by the Policy Committee.
In settling contract for consultancy work, provided the State agency sees that if
penalty is not specified in the contract, there shall be damages caused to the State agency,
such State agency or contract provider shall specify the daily penalty at the rate or fixed rate
of 0.01-0.10 percent of such work.
For the specification of penalty under paragraph one and paragraph two at any rate,

the head of State agency shall concern the price, period of usage and supply specification that
may have impact to the way that the contractual party of the State agency may refrain from
complying with the contract, or have impact to the traffic, or cause damage to the public
interest, as the case may be.
In the case of supplying a series of supply and missing parts of such series shall
cause incomplete operation, if the contractual party submits the supply within the time
specified in the contract, but there are still parts missing, it shall be deemed that the supply is
not submitted within the time specified and the contractual party shall be fined for the whole
penalty.
In the case where it is a provision of an item of which the price has included the
installation and testing fees, if the supplies have been installed or tested more than the

number of days specified in the Regulation, the penalty shall be applied based on daily basis
of the total price.
In this regard, the details regarding the penalty shall be clearly indicated in the
solicitation documents.

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