Page 249 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

Page 62
Volume 134 Special Part 210 D Government Gazette August 23, 2017

The performance evaluation of business operators under paragraph one shall
consider the capacity to complete the work within the time specified in the contract settled
with State agencies. The evaluation shall be based on performance of the contractual party
from the day of the execution of this regulation. In this regard, State agencies shall specify
date in the solicitation notification and solicitation documents to be extended to business
operators for tendering proposal with State agencies in order for the tenderers to know of
such performance evaluation conditions.
The performance evaluation of business operators shall be conducted through the
electronic public procurement system according to the procedures prescribed by the
Comptroller-General’s Department.
As deemed expedient, the ministers may issue regulations specifying criteria
particularly for the performance evaluation of business operators.
Clause 191. The performance evaluation of business operators under Clause 190,
apart from the capacity to complete the work within the time specified, may determine to
have performance evaluation for other aspects according to the procedures prescribed by the
Comptroller-General’s Department by concerning qualities and qualifications beneficial to
State agencies for effective selection of proposals.

Chapter 8
Work Abandon

Part 1
Orders Proclaiming Persons as Having Abandoned the Work

Clause 192. State agencies shall not make a contact with persons having
abandoned the work whose names are indicated in the list of persons having abandoned the
work by the Permanent Secretary of the Ministry of Finance and such list has already been
circulated, except that such persons’ names are revoked from the list thereof.
State agencies shall not make a contact with persons having abandoned the work
under paragraph one, which shall also be applied to persons under Clause 196 paragraph two
and paragraph three.
Any natural person or juristic person that is under to be persons having abandoned
the work under this part shall have rights to tender proposals to State agencies. However, if
the consideration result turns that the Permanent Secretary of the Ministry of Finance has
issued an order proclaiming such natural person or juristic person as persons having
abandoned the work, the State agencies shall remove the name of such person from the list
eligible for procurement selection, or cancel the procurement, or cancel the contract or
agreement signed prior to the order of the Permanent Secretary of the Ministry of Finance.
This is except for the case where the head of State agency has considered and sees that such
person shall be highly beneficial to the State agency. In such case, the head of State agency
may not remove the name from the list of persons eligible for procurement selection, or
cancel the procurement, or cancel the contract or agreement signed prior to the order of the
Permanent Secretary of the Ministry of Finance.

249