Page 92 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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the State agency at disadvantage, except that where a State agency considers that there may be
problems involving prejudicial effects or imprecision, it shall refer the contract in question to the
Office of the Attorney-General for prior consideration and approval.

In the case where it is not possible to conclude a contract in accordance with the
contract form under paragraph one and it is necessary to draft a contract afresh, such draft

contract shall be referred to the Office of the Attorney-General for prior consideration and
approval, except that a contract may be concluded in accordance with the form to which the
Office of the Attorney-General has previously given approval.
In the case where it is necessary to conclude a contract in a foreign language, it

shall be concluded in English, with a summary of key substances thereof in Thai in accordance
with the rule prescribed by the Policy Commission as published in the Government Gazette,

except that it is the conclusion of a contract in a foreign language in accordance with the contract
form prescribed by the Policy Commission.
In the case where a State agency fails to conclude a contract in accordance with
the contract form under paragraph one or fails to refer a draft contract to the Office of the

Attorney-General for prior consideration and approval under paragraph two or paragraph three or
under section 97 paragraph one, as the case may be, the State agency may subsequently refer

such contract to the Office of the Attorney-General for consideration and approval. When the
Office of the Attorney-General has given approval or when the Office of the Attorney-General has
given approval with the requirement for amendment thereto, if amendment has been made by

the State agency in conformity with the opinion of the Office of the Attorney-General, such
contract shall be deemed to be valid.
In the case where a State agency fails to conclude a contract in accordance with

the contract form under paragraph one, a State agency fails to make amendment to a contract
in conformity with the opinion of the Office of the Attorney-General or a contractual party fails
to agree or give consent to the amendment thereto in conformity with the opinion of the Office

of the Attorney-General, if the contract term which differs from the contract form or the contract
term which is not amended in conformity with the opinion of the Office of the Attorney-General
constitutes a material part or constitutes a serious mistake under section 104, the contract shall

be deemed to be void.

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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