Page 240 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

(2) 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;
(3) domestic bank guarantee document according to the sample document
specified by the Policy Committee. The guarantee document may be provided in a form of
electronic document according to the procedures prescribed by the Comptroller-General
Department;
(4) the guarantee document of capital company or security capital company
permitted to operate capital business for commercial and guarantee business according to the
Notification of the Bank of Thailand based on the list of capital companies circulated by the
Bank of Thailand. The format of document shall be in accordance with the sample of bank
guarantee document prescribed by the Policy Committee mutatis mutandis.
(5) Government bond.
In the case where it is a proposal from a foreign country, for international price
tenders, guarantee document from the banks in foreign countries that have good evidence and
are trustworthy to the head of State agency shall be deemed as a contractual guarantee.

Clause 168. The value of bidding and contact guarantee shall be specified in an
integral number at five percent of the estimation or price of the supply to be procured, as the
case may be, with an exception for procurement that the head of State agency considers
specially important
In entering into procurement contract with contractual period exceeding one year
which does not require guarantee for deficiency and damage for such supplies, such as
supplies for consumption, the contractual guarantee shall be specified at five percent of the

price of supplies delivered each year during the contract. The contractual guarantee shall be
deemed as the guarantee throughout the contractual period. In the case where the price of
supplies delivered in the following year is different from that of the previous year, the
guarantee shall be amended based on the shifting proportion before the completion of one-
year period. In the case where the contractual guarantee needs to be increased, but the
contractual party does not provide more guarantee within 15 days before the last delivery of
the supplies for such year, the State agency shall reduce payment of supplies of the last
delivery substituting the increasing portion of the guarantee.
The determination of guarantee under paragraph one shall be indicated as conditions
in the invitation for price tenders or in the contract.
In the case where a price tender or a contractual party provides a guarantee of which
the value is higher than that specified in the regulations, solicitation documents, or contract,
such guarantee shall be received mutatis mutandis.

Clause 169. In the case where the State agency is a price tenderer or contractual
party, guarantees shall not be provided.

Clause 170. The State agency shall return guarantees to the tenderers, contractual
parties, or sureties according to the criteria as follows:

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