Page 250 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

Clause 193. In the case where it appears that a tenderer or a contractor of a State
agency carries out an action likely to abandon the work under Clause 109, the head of State

agency shall consider such tenderer, contractor, or subcontractor permitted by the State
agency to subcontract the work, or consultant, or design or supervision service provider as a
person having abandoned the work, as the case may be, and propose its opinions to the
Permanent Secretary of the Ministry of Finance for an issuance of order proclaiming such
person as a person having abandoned the work without delay.
When the Permanent Secretary of the Ministry of Finance considers after listening to
the opinions of the Ruling Committee under Section 29 (5) and sees that such person should
be ordered as a person having abandoned the work, the Permanent Secretary shall issue an
order proclaiming such person as a person having abandoned the work by indicating the
name in the list of persons having abandoned the work and circulate the list to State agencies
and inform such person having abandoned the work via the registered mail.
In the case where the Permanent Secretary of the Ministry of Finance sees that such
person should not be ordered to be a person having abandoned the work, the State agency
must be informed of such consideration result.
Clause 194. In the case where there is later a reasonable cause to suspect that a
tenderer or tenderers, whether successful or not, have carried out action that obstructs fair
competition or enters into conspiracy, such as presenting inaccurate documents or use a name
of other natural persons or juristic persons for the purpose of price tenders, it prescribes that
State agencies concerned shall conduct fact inquiries to find out whether such person should
be ordered to be a person having abandoned the work or not with a letter to inform the tender
of such suspect, asking for clarification of the facts within the time specified by the State
agency, but not less than 15 days, from the day of the receipt of such letter thereof.

When the State agency receives clarification from the suspected tenderer under
paragraph one, the head of State agency shall consider whether such person should be
ordered to be a person having abandoned the work or not.
If the suspected tenderer does not submit clarification within the time specified
under paragraph one, it shall be deemed as a reasonable cause to suspect that such tenderer
has carried out action that obstructs fair competition or enter into conspiracy, the head of
State agency shall propose opinions to the Permanent Secretary of the Ministry of Finance to
issue an order proclaiming such person as a person having abandoned the work.
Clause 195. In the case where any tenderer jointly obstructs fair competition or
enters into conspiracy, which is not the initiator of such act, provides collaboration that is
beneficial to the consideration proceedings of the head of State agency, the head of State
agency shall consider for an exemption not to order such person as a person having
abandoned the work by indicating reasons in the opinion or order proposals, as the case may
be.
Clause 196. In the case where any juristic person is ordered to be a person having
abandoned the work under Clause 193, Clause 194, or Clause 195, if such act was committed
by the managing partner, managing director, executive, or person competent for the operation
of such juristic person, the Permanent Secretary of the Ministry of Finance shall also issue an
order proclaiming such person as a person having abandoned the work.

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