Page 238 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 163. In the case where the State government sees that it is necessary to
prescribe penalty apart from that specified under Clause 162, if the penalty is not specified in
the contract, there shall be damage to the Stage agency e.g. information technological relating
works or work that is in between the period of guarantee for deficiency and damage from
procurement of computer, the committee shall consider to specify such penalty by concerning
the importance and natures of the work to be specified, and damage that may cause to the
State agency.
Clause 164. The State agency shall submit a copy of written contract or agreement
of which the value is at least one million baht to the State Audit Office of the Kingdom of

Thailand and the Revenue Department within 30 days from the day of contract or agreement
settlement or according to the procedures prescribed by the Comptroller-General’s
Department.
Clause 165. An amendment to contract or agreement under Section 97 shall be
within the scope of original objectives of such contract or agreement. The State agency shall
consider a comparison of quality of supplies or work specification, including price of
supplies or price according to contract or agreement and supplies to be amended prior to the
amendment of the contract or agreement.
In the case where it is a procurement related to strength or technical work, such
procurement shall require to be certified by an engineer, architect, and technical engineer, or
qualified person who is responsible for or able to certify particular qualifications, plan and
construction list, or technical work, as the case may be.
When a person competent to approve procurement, as the case may be, has approved

the amendment to the contract or agreement, the head of State agency shall sign in such
amended contract or agreement.

Part 2
Guarantee
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Tender Guarantee
Clause 166. For the purpose of guaranteeing damage that may cause from the case
where the persons tendering proposal, tenderers, or service providers do not comply with the
process of procurement or employment of design or construction supervision work, the State

agency shall specifies tender guarantee for procurement by electronic price tenders, design or
construction supervision work by a general solicitation notification method of which the
procurement cost estimate or construction cost estimate exceeds 5,000,000 baht as follows:
For procurement by electronic price tenders, tender guarantee shall be placed by any
of the followings:
(1) check or bank draft signed by the bank, which is a check or draft dated of the
day the check or draft is paid to the officer, or not exceeding 3 business days prior to such
date;

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