Annex: Measures for the Administration of Government Procurement Evaluation Experts
Chapter one? General rule
Rule number one In order to strengthen the management of government procurement bid evaluation activities and standardize the bid evaluation behavior of government procurement bid evaluation experts (hereinafter referred to as bid evaluation experts), these measures are formulated in accordance with laws, regulations and relevant provisions such as the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Government Procurement Law) and the Regulations for the Implementation of the People's Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Regulations for the Implementation of the Government Procurement Law).
Rule number two The term "bid evaluation experts" as mentioned in these Measures refers to the personnel selected by the financial department of the people's government at or above the provincial level to participate in the bid evaluation of government procurement in an independent capacity and be included in the management of the bid evaluation expert database. These Measures shall apply to the selection, dismissal, extraction, use, supervision and management of bid evaluation experts.
Rule three. The bid evaluation experts shall implement the management principles of unified standards, separation of management and random selection.
Article 4? The Ministry of Finance is responsible for formulating the national unified professional classification standards for bid evaluation experts and the construction standards for bid evaluation expert database, and building and managing the national bid evaluation expert database.
The financial department of the provincial people's government is responsible for the construction and implementation of dynamic management of the local bid evaluation expert database, and is interconnected and shared with the national bid evaluation expert database.
The financial departments of the people's governments at all levels shall perform their duties of supervision and management of bid evaluation experts according to law.
Chapter two? Selection and dismissal of bid evaluation experts
Article 5? The financial department of the people's government at or above the provincial level shall select bid evaluation experts through public solicitation, unit recommendation and self-recommendation.
Article 6? The bid evaluation experts shall meet the following conditions:
(1) Having good professional ethics, being honest and self-disciplined, abiding by discipline and law, and having no bad credit records such as bribery, bribery and fraud;
(two) with intermediate professional titles or equivalent professional level and engaged in related fields for 8 years, or with senior professional titles or equivalent professional level;
(three) familiar with government procurement related policies and regulations;
(four) China citizens who promise to participate in the evaluation work in an independent capacity, perform the duties of evaluation experts according to law and bear corresponding legal responsibilities;
(five) under the age of 70, healthy, able to undertake the assessment work;
(six) within three years before applying to become an expert, there is no record of bad behavior as stipulated in Article 29 of these Measures.
The conditions listed in items (2) and (5) of the preceding paragraph may be appropriately relaxed for majors with a small number of experts.
Article 7? A person who meets the conditions as stipulated in Article 6 of these Measures and voluntarily applies to become an evaluation expert (hereinafter referred to as the applicant) shall provide the following application materials:
(1) my signed resume, application and commitment letter;
(2) Academic degree certificate, professional title certificate or certification materials with equivalent professional level;
(3) a valid certificate to prove my identity;
(four) I think it is necessary to apply for withdrawal of information;
(five) other materials as prescribed by the financial department of the people's government at or above the provincial level.
Article 8? Applicants should apply for accreditation according to their major or expertise.
Article 9? The financial department of the people's government at or above the provincial level shall review the application materials submitted by the applicant, the declared bid evaluation specialty and credit information, and select qualified experts to be included in the management of the bid evaluation expert database.
Article 10? If the work unit, contact information, professional title and information to be avoided of the evaluation experts change, it shall timely apply to the financial department of the people's government at or above the provincial level for changing the relevant information.
Article 11? In any of the following circumstances, the financial department of the people's government at or above the provincial level shall dismiss the experts:
Does not meet the conditions stipulated in Article 6 of these Measures;
(two) I apply to no longer serve as an expert;
(3) Having a record of bad behavior as stipulated in Article 29 of these Measures;
(4) Being subject to criminal punishment.
Chapter three? Selection and use of evaluation experts
Article 12? The purchaser or procurement agency shall randomly select bid evaluation experts from the bid evaluation expert database established by the financial department of the people's government at or above the provincial level.
If the number of relevant experts in the bid evaluation expert database cannot be guaranteed to be randomly selected, the purchaser or procurement agency may recommend qualified personnel, and then randomly select them after examination and employment.
Thirteenth for the procurement project with complex technology and strong professionalism, it is difficult to determine the appropriate bid evaluation experts by random means. With the consent of the competent budget unit, the purchaser can choose the bid evaluation experts in the corresponding professional fields.
Those who choose their own bid evaluation experts shall give priority to the bid evaluation experts outside their own units.
Fourteenth except for competitive negotiation, competitive negotiation and off-site evaluation projects, the purchaser or procurement agency shall, in principle, not be earlier than 2 working days before the start of evaluation activities.
Fifteenth the purchaser or procurement agency shall announce the review discipline before the start of the review activities, and record the written documents of the review discipline as procurement documents.
Sixteenth bid evaluation experts and suppliers involved in procurement activities have one of the following interests, should be avoided:
(1) Having labor relations with suppliers within three years before participating in procurement activities, or having served as a director or supervisor of suppliers, or being a controlling shareholder or actual controller of suppliers;
(2) Having husband and wife, lineal blood relatives, collateral blood relatives within three generations or close in-laws with the legal representative or person in charge of the supplier;
(three) there are other relationships with suppliers, which may affect the fairness and impartiality of government procurement activities.
If the bid evaluation experts find that they are interested in the suppliers involved in procurement activities, they should take the initiative to avoid them. If the purchaser or procurement agency finds that the bid evaluation experts have an interest in the suppliers involved in procurement activities, it shall ask them to withdraw.
In addition to the provisions of article thirteenth of these measures, bid evaluation experts can only participate in the bid evaluation activities of government procurement projects of their own units as representatives of purchasers.
The staff of government procurement supervision and management of financial departments at all levels shall not participate in the bid evaluation activities of government procurement projects as bid evaluation experts.
Article 17? If the number of experts on the review site does not meet the requirements due to the absence or avoidance of the experts, the purchaser or procurement agency shall make up the experts in time, or select and make up the experts by itself with the consent of the competent budgetary unit of the purchaser. If it is impossible to make up the bid evaluation experts in time, the purchaser or procurement agency shall immediately stop the bid evaluation, properly keep the procurement documents, and re-establish the bid evaluation committee, negotiation team, inquiry team and consultation team to conduct bid evaluation according to law.
Article 18? The bid evaluation experts shall strictly abide by the discipline of bid evaluation, conduct bid evaluation independently in accordance with the bid evaluation procedures, methods and standards stipulated in the procurement documents and in line with the principles of objectivity, impartiality and prudence.
If the bid evaluation experts find that the contents of the procurement documents violate the relevant mandatory provisions of the state, or the meaning of the procurement documents is unclear or there are major defects, so that the bid evaluation cannot be carried out, they shall stop the bid evaluation and explain the situation in writing to the purchaser or procurement agency.
The bid evaluation experts shall cooperate with the suppliers to answer their inquiries, questions and complaints, and shall not disclose the bid evaluation documents, the bid evaluation situation and the business secrets learned during the bid evaluation.
The bid evaluation experts shall report to the financial department in time if they find that the supplier has committed illegal acts such as bribery, providing false materials and colluding in bidding.
Experts who are illegally interfered in the evaluation process shall report to the finance and supervision departments in a timely manner.
Nineteenth evaluation experts should sign the evaluation report and bear legal responsibility for their own evaluation opinions. In case of disputes over matters requiring joint appraisal, a conclusion shall be made in accordance with the principle that the minority is subordinate to the majority. If there is any objection to the review report, it shall sign different opinions on the review report and explain the reasons, otherwise it shall be regarded as agreeing to the review report.
Article 20? The list of bid evaluation experts shall be kept confidential before the announcement of the bid evaluation results. After the end of the bid evaluation activities, the purchaser or procurement agency shall publish the list of bid evaluation experts together with the bid winning and transaction results, and indicate the bid evaluation experts selected by themselves.
The relevant staff of financial departments at all levels, purchasers and procurement agencies shall not disclose the personal information of bid evaluation experts.
Article 21? The purchaser or procurement agency shall, within 5 working days after the end of the bid evaluation activities, record the performance of the duties of the bid evaluation experts in the government procurement credit evaluation system.
Bid evaluation experts can query the records of their performance of duties in the government procurement credit evaluation system and explain the relevant situation.
The financial department of the people's government at or above the provincial level may set the ladder extraction probability according to factors such as the performance of bid evaluation experts.
Article 22? The bid evaluation experts shall, within 5 working days after the end of the bid evaluation activities, record the performance of the duties of the purchaser or procurement agency in the government procurement credit evaluation system.
Article 23? For the projects in the centralized procurement catalogue, the centralized procurement institution shall pay the remuneration of the bid evaluation experts; For projects outside the centralized procurement catalogue, the purchaser shall pay the labor remuneration of the bid evaluation experts.
Article 24? The financial department of the provincial people's government shall, according to the actual situation, formulate the remuneration standards for bid evaluation experts in the region. The central budget unit shall pay the labor remuneration of the evaluation experts according to the standards of the location of the unit or the location of the evaluation activities.
Article 25? If the evaluation experts participate in the evaluation in different places, the actual expenses such as inter-city transportation and accommodation can be reimbursed to the purchaser or centralized procurement institution according to the corresponding standards of the travel expenses management measures implemented by the purchaser.
Article 26? If the evaluation experts leave the evaluation site without completing the evaluation work, or commit illegal acts in the evaluation activities, they shall not receive labor remuneration and reimburse the travel expenses for the evaluation in different places. Personnel other than bid evaluation experts shall not receive remuneration for bid evaluation services.
Chapter four? Supervision and management of bid evaluation experts
Article 27? If the bid evaluation experts fail to conduct independent bid evaluation according to the bid evaluation procedures, methods and standards specified in the procurement documents or disclose the bid evaluation documents and information, the financial department shall give a warning and impose a fine of more than 2,000 yuan and less than 20,000 yuan; If the bid winning and trading results are affected, a fine of not less than 20,000 yuan but not more than 50,000 yuan shall be imposed, and participation in government procurement bid evaluation activities shall be prohibited.
If there is an interest relationship between bid evaluation experts and suppliers, a fine of 20,000 yuan to 50,000 yuan shall be imposed, and participation in government procurement bid evaluation activities shall be prohibited.
If the bid evaluation experts accept bribes from purchasers, procurement agencies or suppliers or obtain other illegitimate interests, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be fined between 20,000 yuan and 50,000 yuan, and it is forbidden to participate in government procurement bid evaluation activities.
If the bid evaluation experts have the above-mentioned illegal acts, their bid evaluation opinions are invalid; Illegal income, confiscate the illegal income; If losses are caused to others, they shall bear civil liability according to law.
Article 28? The purchaser and the procurement agency shall report to the financial department of the purchaser at the corresponding level in a timely manner if they find that the bid evaluation experts have violated laws and regulations.
Article 29? In any of the following circumstances, the applicant or evaluation expert shall be included in the record of bad behavior:
(1) Failing to conduct independent bid evaluation in accordance with the bid evaluation procedures, methods and standards stipulated in the procurement documents;
(two) public review documents, review;
(3) Having an interest relationship with the supplier and not avoiding it;
(4) Accepting bribes from purchasers, procurement agencies or suppliers or obtaining other illegitimate interests;
(5) Providing false application materials;
(6) Refusing to fulfill the statutory obligations of cooperating with suppliers to answer inquiries, queries and complaints;
(seven) to engage in activities that undermine the credibility of government procurement as an expert.
Article 30? If the purchaser or procurement agency fails to select and use bid evaluation experts in accordance with the provisions of these Measures, it shall be investigated for legal responsibility in accordance with the Government Procurement Law and relevant laws and regulations.
Article 31? If the staff of the financial department abuse their powers, neglect their duties, engage in malpractices for selfish ends and other illegal acts in the management of bid evaluation experts, they shall be investigated for corresponding responsibilities in accordance with the relevant provisions of the state, such as the government procurement law, the civil service law, the administrative supervision law, and the regulations for the implementation of the government procurement law; Those suspected of committing a crime shall be transferred to judicial organs for handling.
Chapter five? Supplementary rules
Article 32? The management of the representatives of the purchaser and the bid evaluation experts selected by the purchaser according to law shall be implemented with reference to these measures.
Article 33? If the state has other provisions on the selection and selection of bid evaluation experts, those provisions shall prevail.
Thirty-fourth financial departments of the provincial people's government may, in accordance with the provisions of these measures, formulate specific implementation measures.
Article 35? The Ministry of Finance shall be responsible for the interpretation of these Measures.
Article 36? These Measures shall be implemented as of 20 17 10 1. The Measures for the Administration of Government Procurement Evaluation Experts (Caiku [2003] 1 19) issued by the Ministry of Finance and the Ministry of Supervision in 2003 shall be abolished at the same time.