Page 248 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

(3) the State agency must issue a document acknowledging receipt of the
application for the evidential purpose and consider the application within 60 days from the
day of receipt. If such act cannot be carried out within the time specified, the State agency
may submit a request to the head of State agency to extend the period, not exceeding 15 days
from the expiry date thereof;
(4) the State agency shall appoint committee in charge of damage consideration
carrying out the duties under Clause 189;
(5) The State agency shall give written notification of the result of the
consideration to the contractual party within 7 business days from the day the head of State
agency approved the consideration results.

When the State agency has given written notification of the result of the
consideration, the contractual party dissatisfied therewith shall have the right to initiate and
action before the Court for further claiming damages under the contract.

Clause 188. The State agency shall appoint a set of committees called
“committee in charge of damage consideration,” consisting of 1 Chairperson and at least 2
committee members, from government officials, employees, government officers, university
staff, public officers, or employees of State agencies called by other names within such State
agency. In the case where it is necessary or for the purpose of making decision, not more than
2 persons may be appointed as committee members.

Clause 189. The committee in charge of damage consideration shall have duties
as follows:

(1) review the details of facts based on the application of the contractual party;
(2) in the case of necessity, the contractual party or relevant person(s) shall be
summoned to provide further details in the related part;
(3) consider damages and determine the maximum amount of damages (if any);
(4) provide a report of consideration result under (1) to (3), including opinions,
and purpose to the head of State agency.
The consideration of damages under paragraph one shall be based on the criteria
prescribed by the Ruling Committee. In the case where the committee sees that the State
agency needs to be liable for the damages and the amount of damage is higher than 50,000
baht per time, the State agency shall provide a report and propose it to the Ministry of
Finance for further approval. The criteria and report procedures shall be as prescribed by the

Ministry of Finance.

Chapter 7
Performance Evaluation of Business Operators
_________________

Clause 190. For the purpose of effective selection of tenderers, performance
evaluation of business operators under this Chapter shall be conducted.

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