Page 93 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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Section 94. The conclusion of a contract by a State agency in a foreign country
may be made in English or in the language of the country where such State agency is located,

upon its consideration by an expert of the State agency.

Section 95. A contract concluded in the Kingdom must contain a term prohibiting

a contractual party from subcontracting, whether in whole or in part, except partial subcontracting
upon permission of the State agency as a contractual party. If a contractual party carries out
subcontracting in violation of such term, there shall be imposed penalty therefor in an amount

not less than ten percent of the value of the work to which the subcontracting relates.

Section 96. A State agency may conclude an agreement in writing without

complying with the contract form under section 93 only in the following cases:
(1) where it is the procurement by a selection method under section 56 (1) (c) or
the procurement by a specific method under section 56 (2) (b) (d) or (f) or the procurement of

consultancy work by a specific method under section 70 (3) (b);
(2) where it is the procurement from a State agency;

(3) where a contractual party may make complete delivery of supplies within five
working days as from the day following the date on which the agreement is concluded in writing;
(4) where it is a lease under which the lessee is not obligated to pay any money
other than the rent;

(5) where it is any other case prescribed by the Policy Commission as published in
the Government Gazette.

In the case where the procurement involves such a small cost estimate as
prescribed in the Ministerial Regulation, an agreement in writing may be omitted provided that
there shall be evidence of such procurement.

In issuing the Ministerial Regulation under paragraph two, small cost estimates may
be prescribed differently in accordance with sizes or types of State agencies.

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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