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CHAPTER XI
ASSESSMENT OF WORK PERFORMANCE OF BUSINESS OPERATORS
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Section 106. For the benefit of a State agency, to ensure efficiency of the

consideration and selection of tenderers of proposals for becoming contractual parties with the
State agency, the State agency shall assess work performance of business operators participating
in the procurement with the State agency.
The assessment of work performance under paragraph one shall be conducted by

primarily considering the contractual party’s ability to complete contractual performance.
Any business operator having the assessment result not satisfying the determined

criteria shall be pro tempore suspended from tendering a proposal to or concluding a contract
with the State agency until its performance result satisfies the determined criteria.
The rules and procedures for assessment of work performance of business
operators under paragraph one, paragraph two and paragraph three shall be in accordance with

the Rule prescribed by the Minister.

Section 107. The result of assessment of work performance of business operators
under section 106 shall be deemed to be part of the criteria for considering and selecting
tenderers of proposals to the State agency.

Section 108. In the case where it is deemed appropriate, the Minister may issue
the Rule prescribing assessment of other performance apart from the ability to complete

contractual performance, with a view to developing and improving efficiency of public
procurement and supplies administration towards greater efficiency, and the provisions of section
106 paragraph three and paragraph four shall apply to the assessment of other performance

mutatis mutandis.

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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