Page 77 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)
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Section 56. In procurement of supplies, a State agency shall first elect to use a
general solicitation notification method, except that:
(1) in the following cases, a selection method shall be used:
(a) a general solicitation notification method has been used but no one has
tendered a proposal or the proposals have not been selected;
(b) supplies to be procured have exceptional or complicated specifications
or must be produced, distributed, constructed or serviced by a business operator possessing
specific workmanship or exceptional expertise or high skills and such business operators are
limited;
(c) there arises an urgent need for the use of such supplies in consequence
of an unexpected event which makes the use of a general solicitation notification method
untimely for the demand of the supplies;
(d) the supplies, by reason of their nature of use or technical restrictions,
make it necessary to specify a particular brand;
(e) the supplies are necessary to be purchased directly from abroad or
procured through an international organisation;
(f) the supplies are to be used for official intelligence or affairs which
involve confidentiality of the State agency or which are related to national security;
(g) it is a hire of work for repairing supplies required to be first disassembled
for inspection in order to know defects before estimating costs of repair; for instance, a hire of
work for a repair of a machine, a mechanical instrument, an engine, an electrical device or an
electronic device;
(h) it is any other case prescribed in the Ministerial Regulation;
(2) in the following cases, a specific method shall be used:
(a) both a general solicitation notification method and a selection method
have been used but no one has tendered a proposal or the proposals have not been selected;
(b) it is procurement of supplies to be generally produced, distributed,
constructed or serviced and the cost estimate for each procurement does not exceed that
prescribed in the Ministerial Regulation;
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CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO
RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE
ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE
AUTHORITY HAVING LEGAL FORCE.
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