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CHAPTER XII
WORK ABANDONMENT

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Section 109. In the case where it is apparent that a tenderer of a proposal to, or

a party to a contract with, a State agency performs conduct in the following cases, such tenderer
or contractual party shall be deemed to commit an act amounting to abandonment of the work:
(1) where the tenderer of a proposal has been selected but refused to conclude

a contract or an agreement in writing with the State agency within the time specified;
(2) where the party to a contract with the State agency or a sub-contractor allowed
by the State agency to perform the sub-contracted work has failed to perform such contract or

agreement in writing;
(3) where it appears that the tenderer of a proposal or the party to a contract with
the State agency has committed an act essentially obstructing fair competition or committed an

act in bad faith;
(4) where it appears that contractual performance of the consultant or the provider

of design or construction supervision work has been deficient or erroneous or caused serious loss
to the State agency;
(5) where it appears that the provider of design or construction supervision work
or the construction operator has failed to comply with section 88;

(6) where there is any other conduct as prescribed in the Ministerial Regulation.
The Permanent Secretary for Finance shall have the power to issue orders

proclaiming tenderers of proposals or contractual parties as work abandoners and shall circulate
lists of work abandoners to State agencies for information and circulate the same on an
information network system of the Comptroller-General’s Department and notify it to work

abandoners as well.
In the case where a juristic person is a work abandoner, if such conduct has
resulted from its managing partner, managing director, executive or a person with the authority

to operate the business of such juristic person, such person shall also be proclaimed, by order,
as a work abandoner.

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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