Strictly implement the Ministry of Finance "government procurement evaluation expert management measures", in the evaluation expert selection, dismissal, extraction, use, supervision and management and other aspects of the channel to check and strengthen the management.
Attached: "Measures for the Administration of Government Procurement Evaluation Experts"
Chapter I? General principles
Article 1? In order to strengthen the management of government procurement evaluation activities, standardize government procurement evaluation experts (hereinafter referred to as evaluation experts) evaluation behavior, according to the "Chinese people's *** and the State Government Procurement Law" (hereinafter referred to as the "Government Procurement Law"), the "Chinese people's *** and the State Government Procurement Law Enforcement Regulations" (hereinafter referred to as the "Regulations for the Implementation of the Government Procurement Law") and other laws, regulations and other relevant regulations, to formulate the present measures.
Article II? Measures referred to in the evaluation of experts, refers to the people's government at or above the provincial level by the financial sector to participate in the independent capacity of government procurement evaluation, into the evaluation of experts in the management of the pool of personnel. Assessment of expert selection, dismissal, extraction, use, supervision and management of the application of these measures.
Article 3? Assessment of experts to implement uniform standards, management and use of separation, randomly selected management principles.
Article 4? The Ministry of Finance is responsible for the development of a unified professional classification standards for evaluation experts and evaluation expert database construction standards, construction and management of the national evaluation expert database.
Provincial people's government departments of finance is responsible for the construction of the region's evaluation of the expert database and the implementation of dynamic management, and the national evaluation of the expert database interconnection, resources **** enjoy.
The financial departments of the people's governments at all levels to fulfill the supervision and management responsibilities of the assessment experts.
Chapter II? Selection and dismissal of evaluation experts
Article 5? The financial departments of the people's governments at or above the provincial level select and employ evaluation experts through a combination of public solicitation, unit recommendation and self-recommendation.
Article 6? Evaluation experts shall have the following conditions:
(a) good professional ethics, integrity and self-discipline, abide by the law, no bribery, bribery, fraud and other adverse credit records;
(b) with intermediate professional and technical titles or equivalent professional level and engaged in related fields for 8 years, or with senior professional and technical titles or equivalent professional level;
(c) Familiar with government procurement policies and regulations;
(d) commitment to participate in the evaluation work in an independent capacity, in accordance with the law to perform the evaluation of experts and assume the corresponding legal responsibility of Chinese citizens;
(e) less than 70 years of age, good health, able to undertake the evaluation work;
(f) apply to become an expert evaluation of the three years prior to the provisions of Article 29 of the present measures, no Adverse behavior records.
The number of experts in the assessment of the profession, the conditions listed in the preceding paragraph (b), (e) can be appropriately relaxed.
Article 7? Meet the conditions set out in Article 6 of these measures, voluntary application to become an expert review of the personnel (hereinafter referred to as the applicant), shall provide the following application materials:
(a) personal history, signed by the application and letter of commitment;
(b) academic degrees, professional and technical title certificates, or with the same level of professionalism of the materials;
(c) proof of my identity; valid documents;
(d) the application of the applicant's personal information;
(e) the applicant's personal information;
(f) the applicant's personal information. Identity of the valid documents;
(d) I think I need to apply for recusal of information;
(e) the people's government at or above the provincial level, the financial department of other materials.
Article 8? The applicant shall declare the evaluation specialty according to his specialty or expertise.
Article 9? Financial departments of the people's governments at or above the provincial level on the application materials submitted by the applicant, declared the evaluation of professional and credit information for review, eligible for selection and appointment of evaluation experts, included in the evaluation of expert database management.
Article 10? Review expert work units, contact information, professional and technical titles, the need to avoid changes in information, should be timely to the relevant people's government at or above the provincial level to apply for changes in the relevant information.
Article 11? Evaluation of experts in one of the following circumstances, the people's government at or above the provincial level, the financial sector should be dismissed:
(a) does not meet the conditions set out in Article VI of these measures;
(b) I applied for no longer serve as an expert review;
(c) there is a record of bad behavior in accordance with the provisions of Article 29 of these measures;
(d) be subjected to criminal penalties.
Chapter III? Evaluation expert extraction and use
Article 12? The purchaser or procurement agency shall randomly select evaluation experts from the evaluation expert pool established by the financial department of the people's government at or above the provincial level.
The number of experts in the evaluation expert database can not guarantee the need for random sampling, the purchaser or procurement agency can recommend qualified personnel, after reviewing the selection of the library and then randomly selected.
Article XIII? Technically complex, specialized procurement projects, through the random method is difficult to determine the appropriate evaluation of experts, the competent budgetary unit agreed, the purchaser may select their own evaluation of experts in the appropriate fields of specialization.
Self-selected evaluation experts, should give priority to the selection of evaluation experts outside the unit.
Article 14? In addition to the use of competitive negotiation, competitive negotiation procurement, as well as off-site evaluation of the project, the purchaser or the procurement agency to extract the evaluation of experts in principle, the start time shall not be earlier than two working days before the start of the evaluation activities.
Article 15? The purchaser or the procurement agency shall be announced before the start of the evaluation activities of the evaluation of discipline, and will record the evaluation of discipline in writing as the procurement documents and archives.
Article 16? Evaluation experts and suppliers to participate in procurement activities, there are one of the following relationships of interest, shall be recused:
(a) to participate in procurement activities within the previous three years, and the supplier there is a labor relationship, or served as a director or supervisor of the supplier, or the supplier's controlling shareholders or de facto controllers;
(b) and the supplier's legal representative or responsible person for the husband and wife, blood relatives, blood relatives within three generations.
(b) with the supplier's legal representative or person in charge of the husband and wife, blood relatives in the direct line, within three generations of the collateral blood relatives or relatives by marriage;
(c) with the supplier has other relationships that may affect the fairness of the government procurement activities, impartiality.
The evaluation expert found that I have an interest in participating in the procurement activities of suppliers, shall take the initiative to avoid. Purchaser or procurement agency found that the evaluation experts and suppliers participating in procurement activities have an interest, it shall be required to recuse themselves.
In addition to the provisions of Article 13 of these measures, the evaluation of experts on the unit of government procurement projects can only participate in the evaluation activities as a representative of the purchaser.
Government procurement supervision and management staff at all levels of the financial sector, shall not participate in the evaluation of government procurement projects as experts.
Article 17? Appearance of the evaluation of experts absent, avoidance and other circumstances lead to the evaluation of the number of experts do not meet the requirements of the site, the purchaser or the procurement agency shall make up for the evaluation of experts, or by the purchaser in charge of the budget unit agreed to select their own complementary evaluation of experts. Can not make up for the evaluation experts in a timely manner, the purchaser or the procurement agency shall immediately stop the evaluation work, properly save the procurement documents, according to law to re-establish the bid evaluation committee, negotiation team, inquiry team, consulting team for evaluation.
Article 18? Evaluation experts shall strictly abide by the evaluation of discipline, in accordance with the principles of objectivity, impartiality, prudence, according to the procurement documents specified evaluation procedures, evaluation methods and evaluation criteria for independent evaluation.
The evaluation experts found that the procurement documents violate the relevant mandatory provisions of the state or the procurement documents there are ambiguities, major defects lead to the evaluation work can not be carried out, it shall stop the evaluation and to the purchaser or the purchasing agent to explain the situation in writing.
The evaluation experts shall cooperate in responding to the supplier's inquiries, questions and complaints and other matters, shall not disclose the evaluation documents, the evaluation of the situation and the commercial secrets learned in the evaluation process.
Assessment experts found that the supplier with bribery, providing false information or collusion and other illegal behavior, shall promptly report to the financial sector.
Assessment experts in the evaluation process by illegal interference, should be promptly reported to the financial, monitoring and other departments.
Article 19? Assessment of experts should be signed on the evaluation report, the assessment of their own legal responsibility. The need to *** with the determination of matters in dispute, in accordance with the principle of majority rule to make conclusions. Dissenting from the evaluation report, should be signed on the evaluation report and explain the reasons for disagreement, otherwise it is deemed to agree with the evaluation report.
Article 20? Evaluation of the list of experts in the evaluation results before the announcement shall be kept confidential. After the completion of the evaluation activities, the purchaser or procurement agency shall with the winning bid, the results of the announcement of the evaluation of the list of experts, and the self-elected evaluation experts to make a mark.
Financial departments at all levels, the purchaser and procurement agency staff shall not disclose the evaluation of the personal situation of experts.
Article 21? The procurer or procurement agency shall, within five working days after the conclusion of the evaluation activities, in the government procurement credit evaluation system to record the evaluation of experts to fulfill their duties.
The evaluation experts can query the government procurement credit evaluation system in the performance of their duties record, and to explain the situation.
The financial departments of the people's governments at or above the provincial level may set up a ladder of probability of extraction based on factors such as the performance of evaluation experts.
Article 22? Evaluation experts shall be evaluated within five working days after the end of the evaluation activities, in the government procurement credit evaluation system to record the purchaser or the purchasing agent's fulfillment of their duties.
Article 23? Centralized procurement directory of the project, the centralized purchasing agency to pay the evaluation of expert labor remuneration; centralized purchasing directory of the project, the purchaser to pay the evaluation of expert labor remuneration.
Article 24? Provincial people's government departments of finance should be based on the actual situation, the development of the region's evaluation of expert labor compensation standards. Central budget units with reference to the location of the unit or review activities in the location of the standard payment evaluation expert labor compensation.
Article 25? Evaluation experts to participate in off-site evaluation, its round-trip inter-city transportation, accommodation and other actual costs incurred, with reference to the implementation of the purchaser's travel management approach to the corresponding standard to the purchaser or the centralized purchasing agency reimbursement on the basis of receipts.
Article 26? Evaluation experts did not complete the evaluation work without leaving the evaluation site, or in the evaluation of illegal activities, shall not obtain remuneration for labor and reimbursement of travel expenses for off-site evaluation. Persons other than evaluation experts shall not be paid for their evaluation services.
Chapter IV? Supervision and management of evaluation experts
Article 27? Evaluation experts in accordance with the provisions of the procurement documents, evaluation procedures, evaluation methods and evaluation criteria for independent evaluation or leakage of evaluation documents, evaluation of the situation, the financial sector to give a warning and impose a fine of more than 2,000 yuan 20,000 yuan; affect the winning bid, the results of the transaction, a fine of more than 20,000 yuan 50,000 yuan, and prohibited from participating in the evaluation of government procurement activities.
The evaluation of experts and suppliers have an interest in not avoided, a fine of 20,000 yuan or more than 50,000 yuan, prohibited from participating in government procurement evaluation activities.
The evaluation expert accepts bribes from the purchaser, the procurement agency, the supplier or to obtain other improper interests, constituting a crime, shall be investigated for criminal liability; not yet a crime, a fine of 20,000 yuan or less than 50,000 yuan, and prohibited from participating in government procurement evaluation activities.
The evaluation of experts with the above violations, the evaluation is invalid; have illegal income, confiscate the illegal income; cause losses to others, shall bear civil liability.
Article 28? Purchaser, procurement agency found that the evaluation of experts have illegal behavior, shall promptly report to the purchaser's own financial department.
Article 29? Applicants or evaluation experts have the following circumstances, included in the record of bad behavior:
(a) not in accordance with the provisions of the procurement documents, evaluation procedures, evaluation methods and evaluation criteria for independent evaluation;
(b) disclosure of the evaluation documents, evaluation of the situation;
(c) and the supplier there is an interest in not avoiding;
(d) acceptance of the procuring agent, the procurement agency, the supplier or bribe.
Article 30? Procurer or procurement agency in accordance with the provisions of these measures to extract and use the evaluation experts, in accordance with the "Government Procurement Law" and the relevant laws and regulations to pursue legal responsibility.
Article 31? Financial sector staff in the evaluation of experts in the management of the work of abuse of power, dereliction of duty, favoritism and other violations of law and discipline, in accordance with the "Government Procurement Law," "Civil Service Law," "Administrative Supervision Law," "Regulations for the Implementation of the Government Procurement Law," and other relevant provisions of the state to pursue the corresponding responsibility; suspected of committing a crime, transferred to the judicial organs.
Chapter V ? Supplementary Provisions
Article 32 ? Participate in the evaluation activities of the purchaser's representative, the purchaser's lawfully selected evaluation experts management with reference to the implementation of these measures.
Article 33? The state of the evaluation expert extraction, selection of other provisions, from its provisions.
Article 34 of the provincial people's government departments of finance, can be based on the provisions of these measures, the development of specific implementation measures.
Article 35? The Ministry of Finance shall be responsible for the interpretation of these measures.
Article 36? These Measures shall come into force on January 1, 2017 onwards. The Measures for the Administration of Government Procurement Evaluation Experts (Caiku [2003] No. 119) issued by the Ministry of Finance and the Ministry of Supervision on November 17, 2003 shall be repealed at the same time.