The owner's representative in the bid evaluation committee cannot be a person from the owner's own organization.
Referring to Article 12 of the Interim Provisions on Bid Evaluation Committee and Methods of Bid Evaluation, any person who is in any of the following circumstances shall not be a member of the bid evaluation committee:
(1) close relatives of the bidder or the person in charge of the bidder;
(2) personnel of the competent department in charge of the project or of the administrative supervisory department;
(3) persons who have economic interests in the bidder, which may affect the fair evaluation of the bid;
(3) persons who have economic interests in the bidding. may affect the fair evaluation of the bids;
(d) those who have been subject to administrative or criminal penalties for engaging in unlawful acts in bidding, bid evaluation and other activities related to bidding and tendering.
The bid evaluation committee members of one of the circumstances set forth in the preceding paragraph, shall take the initiative to recuse themselves.
Expanded Information
Referring to Article 8 of the Interim Provisions on Bid Evaluation Committee and Bid Evaluation Methods, the bid evaluation committee shall be formed by the bidder. The list of members of the bid evaluation committee shall generally be determined before the opening of bids. The list of members of the bid evaluation committee shall be kept confidential until the results of the winning bid are determined.
Referring to Article 9 of the Interim Provisions on Bid Evaluation Committee and Methods of Bid Evaluation, the bid evaluation committee shall be composed of representatives of the bidder or the bidding agent commissioned by the bidder who are familiar with the relevant business, as well as experts in relevant technical and economic aspects, and the number of members shall be more than five singularly, of which the experts in the field of technical and economic aspects shall not be less than two-thirds of the total number of members. If the bid evaluation committee has a person in charge, the person in charge of the bid evaluation committee shall be elected by the members of the bid evaluation committee or determined by the bidder. The person in charge of the bid evaluation committee and other members of the bid evaluation committee have the same voting rights.
Referring to Article 10 of the Interim Provisions on Bid Evaluation Committee and Bid Evaluation Methods, the expert members of the Bid Evaluation Committee shall be determined from the roster of experts provided by the relevant departments of the people's governments at or above the provincial level or from the list of relevant experts in the expert pool of the bidding agency.
The determination of bid evaluation experts in accordance with the provisions of the preceding paragraph may be by way of random sampling or direct determination. General projects, can take the way of random selection; technology is particularly complex, professional requirements are particularly high or the state has special requirements of the bidding project, take the way of random selection to determine the experts are difficult to competent, can be directly determined by the bidder.
Referring to Article 11 of the Interim Provisions on Bid Evaluation Committees and Bid Evaluation Methods, the bid evaluation experts shall meet the following conditions:
(1) Having worked in the relevant professional field for eight years and having a senior title or an equivalent level of professionalism;
(2) Being familiar with the laws and regulations on bidding and tendering and possessing the relevant practical experience in relation to the bidding project;
(3) Being able to be conscientious, fair, honest and honest. ) be able to fulfill his/her duties conscientiously, fairly, honestly and with integrity.
Referring to Article 13 of the Interim Provisions on Bid Evaluation Committee and Bid Evaluation Methods, the members of the bid evaluation committee shall perform their duties objectively and impartially, abide by professional ethics, and take personal responsibility for the evaluation opinions they put forward. Members of the bid evaluation committee shall not make private contact with any bidder or person having an interest in the outcome of the bidding, and shall not accept property or other benefits from bidders, intermediaries, or other interested parties.
Referring to Article 14 of the Interim Provisions on Bid Evaluation Committees and Methods of Bid Evaluation, members of bid evaluation committees and staff members related to bid evaluation activities shall not disclose the evaluation and comparison of bidding documents, the recommendation of the winning candidate, and other information related to bid evaluation. The staff members concerned with bid evaluation activities referred to in the preceding paragraph are all persons other than the members of the bid evaluation committee who are aware of the situation relating to bid evaluation as a result of their participation in the supervision of the bid evaluation or their work of a transactional nature.
Referring to Article 14 of the Interim Measures for the Administration of Bid Evaluation Experts and Bid Evaluation Expert Pools, the bid evaluation experts shall have the following obligations:
(1) If there is any one of the circumstances stipulated in Article 37 of the Bidding and Tendering Law and Article 12 of the Interim Provisions on Bid Evaluation Committees and Bid Evaluation Methods, the experts shall take the initiative to propose to avoid the situation;
(2) Abide by the discipline of the work of evaluating the bids and shall not contact the bidders in private. bidders, shall not accept property or other benefits from others, and shall not disclose the evaluation and comparison of bidding documents, the recommendation of the winning candidate, and other circumstances related to bid evaluation;
(3) evaluate bids objectively and impartially;
(4) assist and cooperate with the supervision and inspection of the relevant administrative supervisory departments;
(5) other obligations stipulated by the laws and administrative regulations. Other obligations.
Referring to Article 15 of the Interim Measures for the Administration of Bid Evaluation Experts and Bid Evaluation Expert Pools, if a bid evaluation expert has any of the following circumstances, the relevant administrative supervision department shall give him a warning; if the circumstances are serious, the governmental department or bidding agency that formed the bid evaluation expert pool shall cancel the qualification of acting as a bid evaluation expert, and shall make a public announcement:
(1) contacting the bidders in private;
(ii) accepting property or other benefits from interested parties;
(iii) disclosing to others the evaluation and comparison of bidding documents, the recommendation of the winning candidate, and other circumstances related to bid evaluation;
(iv) failing to perform his duties objectively and impartially;
(v) refusing to take part in the activities for evaluating the bids without any justifiable reasons.
Referring to Article 39 of the Law of the People's Republic of China on Bidding and Tendering, the Bid Evaluation Committee may request the bidder to make necessary clarifications or explanations of the contents of the bidding documents the meaning of which is unclear, but the clarifications or explanations shall not go beyond the scope of the bidding documents or change the substantive contents of the bidding documents.
Referring to article 40 of the "people's republic of china *** and state bidding and tendering law", the bid evaluation committee shall, in accordance with the bidding documents to determine the bid evaluation standards and methods, evaluation and comparison of bidding documents; there is a bidding bottom, shall refer to the bidding bottom. After completing the evaluation of bids, the bid evaluation committee shall submit a written report on the evaluation of bids to the bidder and recommend qualified successful candidates. The bidder according to the bid evaluation committee puts forward a written bid evaluation report and recommended winning candidate to determine the winning bidder. The bidder may also authorize the bid evaluation committee to determine the successful bidder directly. The state council has special provisions on the evaluation of specific bidding projects, from its provisions.
Shaoxing Public **** Resources Transaction Network - Interim Provisions on Bid Evaluation Committees and Bid Evaluation Methods
Kunshan Housing and Urban-Rural Development Bureau - Interim Measures for the Management of Bid Evaluation Experts and Bid Evaluation Expert Pools
Xinjiang Uygur Autonomous Region Prison Management Bureau - Bidding and Tendering Law of the Chinese People's Republic of China