Measures for the Management of Henan Province's Bid Evaluation Experts and Expert Evaluation Database
Article 1 In order to strengthen the management of bid evaluation experts and the pool of bid evaluation experts, and to ensure the fairness and impartiality of bid evaluation activities, in accordance with the provisions of the "People's Republic of China Tendering and Bidding Law" and other relevant laws and regulations, and in accordance with the actual conditions of this province, Method.
Article 2. The management and use of the establishment of the evaluation expert pool and the experts entering the database by the relevant provincial government departments and bid invitation agencies within the administrative region of the province shall abide by these Measures.
Article 3 For projects that must be invited for bidding in accordance with the law in the administrative region of this province, the members of the bid evaluation committee shall be determined from the bid evaluation expert bank established by the relevant provincial government departments and bid invitation agencies according to law.
For projects that use loans or aid funds from international organizations or foreign governments for bidding, the lenders and fund providers have special rules for bid evaluation experts, and their special rules may apply.
Article 4 Provincial development and reform, water conservancy, transportation, construction, information industry, communications and other administrative departments (hereinafter referred to as the relevant provincial administrative departments) are responsible for the supervision and management of bid evaluation experts and the pool of bid evaluation experts in accordance with the division of responsibilities.
Article 5 The establishment of a bid evaluation expert bank shall meet the following conditions:
(1) The number of bid evaluation experts who meet the legal requirements is not less than 500;
(2) There is a professional classification that meets the needs of bid evaluation, and the number of experts in each professional is not less than 50;
(3) It has the necessary facilities and conditions to meet the needs of experts selected from different places and randomly selected bid evaluation experts;
(4) There are institutions and personnel responsible for daily maintenance management;
(5) Have a sound management system.
Article 6 The experts in the bid evaluation expert bank implement an appointment system.
Experts selected into the bid evaluation expert database shall meet the following requirements:
(1) Having worked in relevant professional fields for 8 years and possessing a senior title or equivalent professional level;
(2) Familiar with laws and regulations related to bidding and bidding;
(3) Able to perform their duties seriously, justly, honestly and honestly;
(4) be in good health and be able to undertake bid evaluation;
(5) Other conditions stipulated by laws, regulations and rules.
Those who have been penalized or administratively penalized for illegal acts in bidding and bidding activities shall not be employed as bid evaluation experts.
Article 7: Experts are selected into the bid evaluation expert database by two methods: individual application and unit recommendation. In the case of unit recommendation, the consent of the referee must be obtained in advance.
The individual application or unit recommendation shall be archived for future reference. The individual application or recommendation of the unit shall be accompanied by the certification materials of the conditions stipulated in Article 6 of these Measures.
Article 8 The relevant provincial government departments or bid invitation agencies that set up the bid evaluation expert bank shall evaluate the conditions of the applicant or the recommended person, and issue the bid evaluation expert certificate to the applicant or the recommended person who meets the conditions stipulated in these Measures.
The determination process and results of the bid evaluation experts shall be documented in writing.
The evaluation period of the bid evaluation experts is 3 years. Those who have passed the evaluation after the expiration of the evaluation period can be re-appointed.
Article 9 The relevant provincial government departments and bid invitation agencies that set up the bid evaluation expert database shall submit the basic information such as the number of experts, professional classification, and extraction methods of the bid evaluation expert database to the Provincial Development and Reform Department for the record and make it public.
Article 10. Relevant provincial government departments and bid invitation agencies that set up a bid evaluation expert database shall establish a sound bid evaluation expert continuing education system and assessment evaluation system, establish a personal evaluation file of bid evaluation experts, and record in detail the personal resume, appointment number, Attend bid evaluation activities, missed bid evaluation activities and reasons, business ability and performance of bid evaluation, continuing education and assessment, records of bad behavior, number of complaints and causes, and investigation and processing results, etc., as the annual evaluation of bid evaluation experts in accordance with.
Article 11 Bid evaluation experts enjoy the following rights:
(1) accepting the invitation of the tenderer or the tendering agency as a member of the bid evaluation committee;
(2) Evaluating bid documents and submitting evaluation opinions in accordance with the bid evaluation standards and methods according to law, without any illegal interference from any unit or individual;
(3) Accepting labor compensation for participating in bid evaluation activities;
(4) Other rights provided by laws and regulations.
Article 12 Bid evaluation experts have the following obligations:
(1) After becoming a member of the bid evaluation committee, keep their identity and bid evaluation items confidential;
(2) Bid evaluation objectively and fairly;
(3) Before the bid evaluation results are announced, they shall not contact the bidders in private, receive property or other benefits from others, or disclose the evaluation and comparison of bidding documents, the recommendation of winning candidates, and other circumstances related to the bid evaluation;
(4) signing the review opinions and assume personal responsibility;
(5) To assist and cooperate with the supervision and inspection of the relevant administrative department.
Article 13 The members of the bid evaluation committee shall be selected by the bid inviting party or the bid invitation agency entrusted by it. The list of members of the bid evaluation committee shall be kept secret until the bidding result is determined. After the list of members of the bid evaluation committee is determined, a written record shall be made of the extraction process and the final determination result. The bid inviting party or the bid invitation agency, daily management agency of the expert database, and network terminal operator shall sign or seal the written record.
Article 14 Bid evaluation experts who participate in bid evaluation activities shall hold their posts and evaluate their bids independently.
If the bid evaluation experts who are determined to be members of the bid evaluation committee cannot participate in bid evaluation activities on time, they shall report to the expert bank management agency in a timely manner.
Article 15 A bid evaluation expert shall not be a member of the bid evaluation committee in any of the following circumstances:
(1) the close relatives of the bidder or the principal person in charge of the bidder;
(2) personnel of the project authority or administrative supervision department;
(3) Those who have an economic interest relationship with the bidder, which may affect the fair evaluation.
If any member of the bid evaluation committee has any of the circumstances specified in the preceding paragraph, he shall apply for withdrawal on his own initiative; if he does not apply for withdrawal, the bid inviting party or the relevant administrative department shall immediately terminate its bid evaluation activities.
Article 16 In any of the following cases, the bid evaluation expert shall confirm the selection of the bid evaluation expert after confirmation:
(1) The selected bid evaluation experts have the circumstances specified in Article 15 of these Measures and need to be avoided;
(2) The selected bid evaluation experts fail to participate in bid evaluation activities.
Article 17 In the course of bid evaluation, if the evaluation expert is found to have engaged in malpractices, did not evaluate the bid in accordance with the regulations, violated the evasion regulations, etc., the development and reform department or other relevant administrative departments shall terminate the evaluation activity of the evaluation expert In accordance with the regulations, the bid evaluation experts shall be determined separately for bid evaluation.
After the bid evaluation work is completed, it is found that the bid evaluation experts are involved in malpractices, failure to evaluate bids in accordance with regulations, and violation of evasion regulations, but do not affect the bid evaluation results, the bid evaluation is valid; if the bid evaluation results are affected, the development and reform department or relevant The administrative management department determines that the bid evaluation is invalid according to the provisions of laws, regulations and rules, and the bidder organizes the bid evaluation again.
Article 18 The qualification of a bid evaluation expert shall be terminated in any of the following circumstances:
(1) failing the annual assessment;
(2) due to work transfer, it is no longer suitable to be an expert in bid evaluation;
(3) being incapable of bid evaluation due to physical health reasons;
(4) Those who no longer serve as bid evaluation experts upon their application.
Article 19 The relevant competent administrative department of the province shall strengthen the supervision of the bid evaluation activities of members of the bid evaluation committee according to the division of responsibilities.
Article 20 For projects that are required to bid according to law, if the bid inviting party or the bid invitation agency entrusted by it fails to determine the members of the bid evaluation committee from the appraisal expert database established by the relevant provincial government department or bid invitation agency according to law, the bid evaluation is invalid.
Article 21 In case of any of the following situations, the bid evaluation expert database management agency shall be ordered to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to dissolve the bid evaluation expert database and make an announcement to the public.
(1) The bid evaluation expert bank formed does not meet the conditions stipulated in these Measures;
(2) the employed expert does not meet the legal requirements;
(3) Failure to record and archive the evaluation process and results in writing;
(4) failing to establish the personal working file of the hired expert;
(5) Providing bid evaluation experts in violation of procedures and rules;
(6) Leaking the selected bid evaluation experts to the bidder before bid evaluation.
Article 22 If the evaluation expert is in one of the following situations, the relevant provincial administrative department shall suspend or cancel the qualification of the evaluation expert according to the circumstances, notify the unit where it is located, announce it to the public, and make it public or the supervisory authority Administrative sanctions shall be given according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) fraudulently obtaining the qualification of a bid evaluation expert with false materials;
(2) Knowing that there are circumstances that should be avoided and not actively applying for withdrawal;
(3) Failure to participate in bid evaluation activities without justified reasons;
(4) contacting the bidder and his interested parties in private;
(5) Those who cannot perform their duties objectively and fairly; (6) Other acts that violate laws, regulations, and rules.
Those who have been disqualified as bid evaluation experts shall not be re-employed as provincial bid evaluation experts and may no longer participate in the bid evaluation activities required by the province to conduct bid invitations.
Article 23 Where members of the bid evaluation committee accept the property or other benefits of the bidder, disclose to others the evaluation and comparison of bid documents, the recommendation of the winning bidder, and other circumstances related to the bid evaluation, the relevant administrative department shall give Warning: Forfeiture of confiscated property can be imposed with a fine ranging from 3,000 yuan to 50,000 yuan, and the membership of the bid evaluation committee can be disqualified. It can no longer be hired as a provincial expert for bid evaluation, and can no longer participate in the evaluation of bids for projects that must be conducted in this province Activities that constitute a crime shall be investigated for criminal responsibility in accordance with the law.
Article 24 These Measures shall be implemented as of June 1, 2006.