Page 242 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Performance Guarantee
Clause 173. Construction work that the State agency specifies to settle payment
based on gradual stages of operations and wishes to deduct performance guarantee at each
stage, the deduction shall be based on the rate the State agency specifies for such instalment
as the guarantee. In the case where the performance guarantee is deducted not lower than the
rate specified by the State agency, the contractual party shall be eligible to request for such
performance guarantee back by submitting guarantee or electronic guarantee of domestic
backs in replace of money deduction. The period of guarantee may be as prescribed by the
employer.
Clause 174. In hiring a consultant from a State agency that involves paying in

instalment, the employer shall deduct money paid each time at the rate that is not lower than
five percent but not exceed ten percent of the remuneration as performance guarantee.
Alternatively, it may prescribe that the consultancy State agency shall use the guarantee or
electronic guarantee of domestic bank of which the guarantee period is as specified by the
employer in replace of the deducted money. In this regard, such matter shall be specified as
conditions in the contract.

Chapter 6
Administration of Contracts and Inspection of Supplies for Acceptance
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Clause 175. The supplies acceptance committee for procurement shall have
duties as follows:

(1) inspection of supplies for acceptance shall be conducted at the office of the
user of such supplies or a location mutually agreed in the contract or agreement.
In the case where there is no contract or agreement, inspection of supplies for
acceptance in other locations must be first approved by the head of State agency;
(2) inspection must be complete and accurate based on the agreeable evidence.
For the case there is a scientific or technical testing or experiment, an expert or qualified
person specializing in such supplies shall be invited to provide advice, or such supplies may
be delivered to the office of such expert or qualified person for testing or inspection.
In the case where the supplies cannot be counted in units, statistical inspection shall
be conducted;
(3) inspection shall be conducted on the day the supplier or contractor delivers the

supplies and must be complete as soon as possible;
(4) when the inspection is complete, the committee shall accept such supplies and
it shall be deemed that such supplier or contractor has completely delivered all the supplies
on the day such supplies are delivered. The supplies shall be given to the officer altogether
with at least 2 copies of document acknowledging the inspection of acceptance on which
signatures affixed. The supplier or contractor and officer shall keep one each for further
requisition according to the regulations of the State agency, and the matter shall be reported
to the head of the State agency.

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