The main contents of the "measures for the administration of government procurement evaluation experts":
All provinces, autonomous regions, municipalities directly under the central government, finance departments (bureaus) and supervision departments (bureaus), Finance Bureau and Supervision Bureau of Xinjiang Production and Construction Corps, relevant departments of the central government, ministries and commissions of the State Council, institutions directly under it, people's organizations, General Office of the National People's Congress Standing Committee (NPCSC), General Office of the Chinese People's Political Consultative Conference, High Court and Supreme People's Procuratorate:
Chapter I General Principles
Article 1 In order to strengthen the management of government procurement evaluation activities, standardize the practice of evaluation experts and improve the quality of government procurement, these Measures are formulated in accordance with relevant laws and the provisions of the State Council.
Article 2 The government procurement evaluation experts mentioned in these Measures (hereinafter referred to as "evaluation experts") refer to those who meet the conditions and requirements stipulated in these Measures and engage in and participate in government procurement evaluation in an independent capacity.
These Measures shall apply to the evaluation of government procurement bidding, competitive negotiation, inquiry, single-source procurement activities and related consulting activities by bid evaluation experts.
Article 3 The bid evaluation experts shall adopt the management mode of "unified conditions, hierarchical management, resource sharing, random selection and separate management".
Article 4 The qualification of bid evaluation experts shall be managed by the financial department, and determined by the combination of public solicitation, recommendation and self-recommendation. Centralized procurement institutions and government procurement agencies registered by the financial department (hereinafter referred to as "procurement agencies") may, in accordance with the provisions of these Measures, conduct a preliminary examination of their own management experts and report to the financial department for examination and registration as candidates for bid evaluation experts.
Fifth bid evaluation experts should be managed through the government procurement expert database. Financial departments at all levels can establish a unified expert database of government procurement according to local conditions and resource integration requirements, and can also build a database with the help of existing expert resources of purchasers and procurement agencies.
Article 6 The list of bid evaluation experts must be published in the government procurement information publishing media designated by the Ministry of Finance or at the same time in the government procurement information publishing media designated by the provincial finance department.
Article 7 The financial department shall strengthen the supervision and management of the evaluation experts, and effectively regulate their professional practices.
Chapter II Qualification Management of Appraisal Experts
Article 8 A bid evaluation expert shall meet the following conditions:
(a) has a high professional quality and good professional ethics, in the process of government procurement bid evaluation can be objective and fair, honest and self-disciplined, law-abiding as the code of conduct;
(2) Having worked in related fields for 8 years, having a bachelor's degree or above, a senior professional title or equivalent professional level, being proficient in professional business and products, and enjoying a certain reputation in their professional fields;
(three) familiar with the relevant policies and regulations of government procurement, bidding and business theory knowledge, and competent for government procurement review;
(four) I am willing to participate in the evaluation of government procurement in an independent capacity, and accept the supervision and management of the financial department;
(5) No record of bad violation of discipline and law;
(six) other conditions required by the financial department.
Article 9 Those who do not meet the conditions and requirements listed in the second paragraph of Article 8, but have outstanding professional expertise in related fields and are familiar with commodity market sales, and meet the qualifications of other experts, can be identified as evaluation experts after being audited by the financial department.
Article 10 All on-the-job and retired personnel who meet the requirements of Articles 8 and 9 of these Measures may recommend themselves to financial departments, purchasers and procurement agencies, or be recommended by their units or other industry experts. Self recommendation or recommendation shall provide the following materials:
(a) personal culture and professional resume;
(two) cultural and professional qualification certificate (original and photocopy);
(three) personal research or work achievements (including academic papers, scientific research achievements, inventions, etc.). );
(four) valid documents to prove my identity;
(five) the evaluation and recommendation opinions issued by my unit or industry organization.
Eleventh experts who have been audited and registered by the financial department have the qualification of experts. The financial department may, according to the management needs, issue the "Expert Certificate of Government Procurement Review".
Article 12 The financial department shall examine the qualifications of the appointed evaluation experts every two years, and those who meet the requirements may continue to be employed.
Thirteenth expert qualification examination and evaluation shall include the following contents:
(a) whether my professional level and business ability can continuously meet the requirements of government procurement review;
(two) I am familiar with and master the new provisions of government procurement laws, regulations, rules and policies, and participated in the necessary government procurement training;
(three) whether I strictly abide by the objective and fair professional ethics and earnestly perform my duties in participating in government procurement activities;
(four) whether I have a bad record of violating the provisions of these measures or other violations of discipline and law;
(five) other contents that the financial department believes should be evaluated.
Article 14 If there are irregularities in the government procurement review, and they are no longer competent for the review, fail to pass the inspection and review, or apply to no longer serve as review experts, the financial department may go through relevant dismissal procedures at any time.
Chapter III Rights and Obligations of Appraisal Experts
Fifteenth bid evaluation experts enjoy the following rights in government procurement activities:
(a) the right to know about the government procurement system and related information;
(two) the right to evaluate the quality of goods, projects and services provided by suppliers;
(3) The voting right to recommend the candidate suppliers who have won the bid;
(four) according to the provisions of the audit corresponding labor remuneration;
(five) other rights stipulated by laws, regulations and rules.
Sixteenth bid evaluation experts shall undertake the following obligations in government procurement activities:
(a) to provide true and reliable evaluation opinions for government procurement;
(two) strictly abide by the discipline of government procurement review, and shall not disclose the review to the outside world (excluding the fourth paragraph of this article);
(3) If suppliers are found to have unfair competition or malicious collusion in government procurement activities, they shall promptly report to the organizer of government procurement review or the financial department and stop them;
(four) to answer the questions or inquiries of the parties concerned about the relevant issues in the review of government procurement;
(five) other obligations stipulated by laws, regulations and rules.
Article 17 The relevant staff of the financial department, the purchaser and the procurement agency shall keep the personal information of the bid evaluation experts confidential.
Chapter IV Use and Management of Appraisal Experts
Article 18 The management and use of experts should be relatively separated. The financial department shall establish a management system in which the maintenance and management of the expert database are mutually restricted, that is, the maintenance and management of the government procurement expert database are separated from the use and extraction.
Article 19 Experts shall, in principle, be selected by the purchaser or procurement agency under the supervision of the financial department. Under special circumstances, with the consent of the purchaser or procurement agency, the maintenance and management personnel of the expert database of the financial department may also randomly select from the expert database and recommend it to the purchaser or procurement agency. No unit or individual may designate bid evaluation experts or interfere in the selection of bid evaluation experts.
Twentieth each time the required experts, should be based on the situation to extract more than two alternate experts, and in order.
The results and notices drawn by bid evaluation experts shall be recorded on the spot for investigation.
Twenty-first in case of special industries and products, the government procurement expert database can not meet the demand, the purchaser and the procurement agency can determine the bid evaluation experts according to the relevant provisions, but should be reported to the financial department for the record.
Article 22 In principle, the selection time of bid evaluation experts shall be half a day or one day before the bid opening, and it shall not exceed two days under special circumstances.
The relevant personnel involved in the selection of experts have the obligation to keep confidential the names, units and contact information of the selected experts.
Article 23 The expert database established by the financial department must publicly provide services for purchasers and procurement agencies, and shall not intentionally conceal the resources of the expert database.
Twenty-fourth experts in principle shall not participate in the government procurement review three times in a year.
Twenty-fifth bid evaluation experts should participate in the evaluation of government procurement scientifically and fairly, without any interference in the evaluation process, independently and responsibly put forward bid evaluation opinions, and be responsible for their own bid evaluation opinions.
Twenty-sixth bid evaluation experts shall not participate in the bid evaluation activities of government procurement projects with their own interests. If invited, take the initiative to withdraw from the evaluation project you are interested in. The financial department, the purchaser or the procurement agency may also request the review experts to withdraw.
Stakeholders mainly refer to those who have held positions (including general workers) or consultants in suppliers participating in procurement projects within three years, their spouses or immediate family members have held positions or consultants in suppliers participating in procurement projects, legal disputes have occurred with suppliers participating in procurement projects, and other circumstances that may affect fair bid evaluation.
Twenty-seventh financial departments should establish a feedback system for government procurement evaluation experts, listen to the opinions of relevant parties on the professional level, work ability and professional ethics of evaluation experts, and verify and record the relevant contents. Organize experts to study government procurement laws, regulations and policies on a regular basis.
Chapter V Penalties for Violation of Regulations
Twenty-eighth experts in any of the following circumstances, will be informed criticism or recorded as bad behavior.
(a) the experts selected for the project and accepted the invitation did not participate in the bid evaluation within the specified time, which affected the government procurement work;
(two) in the bid evaluation work, there is a clear tendency or discrimination;
(three) in violation of professional ethics and the provisions of the state on honesty and self-discipline, but it has no substantial impact on the evaluation results;
(four) in violation of government procurement regulations, to the outside world to disclose information about bid evaluation;
(five) unable to answer or refuse to answer the inquiries of the procurement parties in accordance with the provisions;
(six) without knowing it, the evaluation opinions violate the provisions of the government procurement policy.
Twenty-ninth experts in any of the following circumstances, the financial sector will cancel its qualification as an expert in government procurement review.
(1) Deliberately and seriously damaging the legitimate rights and interests of purchasers and suppliers;
(two) in violation of the provisions of the state on honesty and self-discipline, privately contact or accept the property or benefits of suppliers and related business units involved in government procurement activities;
(three) in violation of the provisions of government procurement to the outside world to disclose relevant information such as bid evaluation, which has a substantial impact on the bidding results;
(four) the experts reached an agreement in private, which violated the principles of fairness and openness and affected and interfered with the evaluation results;
(five) in the name of government procurement to engage in other activities that damage the image of government procurement;
(six) fraud, defrauding the qualification of experts;
(seven) the review opinions seriously violate the relevant policies and regulations of government procurement.
Thirtieth experts who have two informed criticism or bad records within one year shall be disqualified for more than one year. Those who have accumulated more than three times may not engage in evaluation work again.
Thirty-first supervisory organs at all levels shall strengthen the supervision and inspection of the personal behavior of bid evaluation experts who belong to the object of administrative supervision, and shall give administrative sanctions to the relevant personnel in accordance with the relevant provisions.
Thirty-second because of the illegal behavior of experts to the relevant units caused economic losses, the relevant experts should bear the responsibility for economic compensation; If it constitutes a crime, it will be transferred to judicial organs for criminal responsibility.
Thirty-third informed criticism, bad records and cancel the qualification of bid evaluation experts, can be published in the government procurement information release media designated by the financial department.
Article 34 In the process of selecting bid evaluation experts, the financial department, the purchaser or the procurement agency, if they violate the operation regulations, designate or operate behind closed doors, or intentionally disclose the names, units and contact information of the selected bid evaluation experts, they may be given corresponding administrative sanctions by their superior departments or supervisory organs according to the specific circumstances.
Thirty-fifth financial departments and their staff in the expert management work, dereliction of duty, improper performance of duties, or improper intervention in government procurement management behavior, be informed criticism; If the circumstances are serious, the higher authorities or supervisory organs shall give corresponding administrative sanctions.
Chapter VI Supplementary Provisions
Article 36 The finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning may, in accordance with the provisions of these Measures, formulate specific implementation measures.
Article 37 The Measures for the Administration of Government Procurement Evaluation Experts [1] shall come into force as of the date of promulgation.
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