Page 241 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

(1) tender guarantee shall be returned to the tenderer or surety within 15 days
from the day the head of State agency approves the selection successful tenderer report,
except for not more than 3 tenderers tendering the lowest price as the tender guarantee shall
be returned only when contract or agreement has been settled, or the tenderers have relieved
from commitment;
(2) contractual guarantee shall be returned to the contractual party or surety

without delay and at least must not exceed 15 days from the day the contractual party has
relieved from the commitment under the contract.
Procurement that does not require guarantee of deficiency or damage shall return the
guarantee to the contractual party or surety at the proportion of supplies that the State agency
has received. In this regard, the conditions must be indicated as conditions in the solicitation
documents and the contract.
The return of guarantee that is a guarantee of banks, capital companies or securities
capital companies, if the tenderer or contractual party does not pick up such document within
the time specified above, the original copy of the guarantee document shall be returned to the
tenderer or contractual party via registered mail without delay, and the bank, capital
company, or securities capital company, surety shall be informed of such delivery. For an
electronic guarantee document of a bank, such document shall be returned to the bank which
is the issuance of the electronic guarantee through the electronic public procurement system.

Clause 171. In entering into contract, if there are amendments of contract and the
cost estimate under the contract has been changed from the original. In the case where the
cost estimate increases, the contractual party shall place guarantee of which the value is
equivalent to the increasing cost estimate of such guarantee.
If the guarantee placed by the contractual party as a guarantee of performance

decreases or is deficient, or its prescription does not cover the liability of the contractual
party throughout the contractual period, no matters the reason is, including delay submission
of work, the contractual party shall find a new guarantee or additional guarantees to complete
the value specified in the contract within the time specified by the State agency.

Advance Payment Guarantee

Clause 172. For the advance payment guarantee under Clause 91 paragraph two or
Clause 130 paragraph one, as the case may be, when the State agency deducts the payment to
be paid each time to substitute the advance payment or submit a guarantee of which the value
is equivalent to that of the payment to be deducted, the contractual party shall request for a
return of some parts of advance payment guarantee. In this regard, such matter shall be
specified as conditions in the solicitation documents and the contract.

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