Page 97 - FINAL-book ประมวลกฎหมาย เกี่ยวกับการจัดซื้อจัดจ้างและการบริหารพัสดุ(แก้ไขครั้งที่15)

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acknowledging receipt of the application for the evidential purpose and consider the application
without delay. When the State agency has given written notification of the result of the

consideration, the contractual party dissatisfied therewith shall have the right to initiate an action
before the Court for further claiming damages under the contract. The rules, procedures and
period of time for the consideration by the State agency of applications shall be in accordance

with the Rule prescribed by the Minister, provided that it shall at least require the State agency
to appoint a committee for considering damages and the determination of the amount of
damages required to be reported to the Ministry of Finance for consideration and approval.

Section 104. In the case where a contract or an agreement in connection with
procurement has been proceeded on the basis of a State agency’s failure to comply with this Act

or a Ministerial Regulation, Rule or Notification issued under the provisions of this Act in any part
dealing with immaterial matters or non-serious mistakes, the contract or agreement in connection
with such procurement shall not be void.

The Policy Commission shall have the power to publish on an information network
system of the Comptroller-General’s Department examples of cases deemed to deal with

material matters or serious mistakes or immaterial matters or non-serious mistakes under
paragraph one.
In the case where there arises any problem in connection with voidness of the
contract or the agreement under paragraph one, any contractual party shall refer the matter to

the Policy Commission for final decision.

Section 105. Details as to methods and procedures for administration of contracts
and inspection of supplies for acceptance thereof not provided in this Chapter shall be 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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