Page 251 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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

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, the order proclaiming as such shall be
effective to other juristic persons conducting the same type of business of which the
managing partner, managing director, executive, or person competent for the operation of
such juristic person is the same person as the managing partner, managing director,
executive, or person competent for the operation of such juristic person of the juristic person
ordered to be a person having abandoned the work.

In the case where any natural person is ordered to be a person having abandoned the
work under Clause 193, Clause 194, or Clause 195, such order shall be effective on other
juristic persons tendering proposal which have such person as the managing partner,
managing director, executive, or person competent for the operation of such juristic person.
Clause 197. For the purpose of the execution of this regulation, when there is a
reasonable cause to suspect that the acts under Clause 193, Clause 194, and Clause 195 have
been carried out, and such State agency has not yet submitted a report to the Permanent
Secretary of the Ministry of Finance, the Permanent Secretary of the Ministry of Finance may
summon the tenderers or contractors under the reasonable cause of suspect that such persons
have carried out action that obstructs fair competition or enters into conspiracy to clarify
before the Permanent Secretary with a letter of information informing such suspect of the
Permanent Secretary of the Ministry of Finance to such person, asking such person to clarify
within the time specified by the Permanent Secretary of the Ministry of Finance, but not less
than 15 days from the day of the receipt of the letter.

When the Permanent Secretary receives clarification from the successful tenderer or
contractor subject to the reasonable cause of suspect under paragraph one, the Permanent
Secretary of the Ministry of Finance shall consider such clarification. If the clarification is
unreasonable, the Permanent Secretary of the Ministry of Finance shall consider such person
as a person having abandoned the work and inform the consideration result to the State
agency.
If the suspected tenderer or contractor under paragraph one does not clarify within
the time specified by the Permanent Secretary of the Ministry of Finance, it shall be deemed
that there is a reasonable cause to believe that such person has carried out an action that
obstructs fair competition and enters into conspiracy, the Permanent Secretary of the Ministry

of Finance shall consider such person as a person having abandoned the work and inform the
consideration result to the State agency.

Part 2
Revocation of a List of Work Abandoners
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Clause 198. Any person ordered to be a person having abandoned the work shall
submit a request for revocation of his or her name from the list of persons having abandoned
the work by presenting evidence to support the consideration according to the criteria as
follows:

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