Page 82 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)
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(6) technical proposals or other proposals, in the case where it is required that
technical proposals or other proposals be first tendered under paragraph six;
(7) other criteria as prescribed in the Ministerial Regulation.
Supplies intended to be granted promotion or support under (4) shall be as
prescribed in the Ministerial Regulation. In this regard, promotion or support must at least be
granted to supplies creating innovation or supplies conserving energy or the environment.
The Minister shall issue the Rule prescribing rules for the consideration and
selection of proposals under paragraph one, which shall at least require a State agency to elect
to use any particular criterion or more criteria in conjunction with the price criterion and shall
clearly determine weight to be attached to each criterion, provided that if a State agency may
not elect to use other criteria and needs to use the sole criterion for the consideration and
selection, the price criterion shall be used. Scoring as well as reasons therefor shall be specified
for each criterion. In the case where it is not possible to issue the Rule prescribing rules for the
consideration and selection of proposals for all kinds of supplies, exemplary cases in any
particular type of supplies may be drawn as guidance for the consideration and selection of
proposals for other supplies.
After considering proposals in conjunction with the criteria used by a State agency,
the consideration and selection of proposals shall be made in order of the scores. A State agency
shall select the tenderer’s proposal which carries the highest score and shall also record the
result of such consideration.
A State agency shall also publish criteria used for the consideration and selection
and weight attached to each criterion in its solicitation notification or solicitation letter, as the
case may be.
In the case of procurement of supplies which, by their nature, require the
consideration of technology thereof or qualifications of tenderers of proposals or in any other
case in which the consideration and selection of proposals under paragraph one are fraught with
difficulty, a State agency may require that technical proposals or other proposals shall first be
tendered prior to the consideration and selection of proposals under paragraph one, in
accordance with the Rule prescribed by the Minister.
DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND
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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