The Measures for the Management of Government Procurement Review Experts are to strengthen the management of government procurement review experts and ensure the fairness and fairness of government procurement. According to the "Government Procurement Law of the People's Republic of China" and the General Office of the State Council Developed in accordance with the spirit of the notice of the Ministry of Finance on Comprehensively Promoting the Reform of the Government Procurement System. The following is an introduction to the main content of the management methods for government procurement review experts brought by Zhongda Consulting for reference.
The main contents of the management measures for government procurement review experts:
The Finance Departments (Bureaus) and Supervision Departments (Bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning, and the Finance Bureau of Xinjiang Production and Construction Corps , Supervision Bureau, relevant departments of the Party Central Committee, all ministries and commissions of the State Council, all directly affiliated agencies, all people's organizations, the General Office of the Standing Committee of the National People's Congress, the General Office of the National Committee of the Chinese People's Political Consultative Conference, the Supreme Court, the Supreme People's Procuratorate:
Chapter 1 General Provisions
Article 1: In order to strengthen the management of government procurement review activities, standardize the professional behavior of review experts, and improve the quality of government procurement work, these Measures are formulated in accordance with relevant laws and regulations of the State Council.
Article 2 The term “government procurement review experts” (hereinafter referred to as “review experts”) as mentioned in these Measures refers to persons who meet the conditions and requirements stipulated in these Measures and engage in and participate in government procurement-related review work in an independent capacity. .
These Measures shall apply to review experts who engage in and participate in the review of government procurement tendering, competitive negotiations, price inquiries, single-source and other procurement activities, as well as related consulting activities.
Article 3: Review experts implement the management method of “unified conditions, hierarchical management, maximum sharing of resources, random selection, and separation of usefulness and use”.
Article 4 The qualifications of review experts are managed by the financial department and determined through a combination of open solicitation, recommendation and self-recommendation. Centralized procurement agencies and government procurement agencies registered with the financial department (hereinafter collectively referred to as "purchasing agencies") may conduct preliminary reviews of experts under their own management in accordance with the provisions of these Measures, and submit them to the financial department for review and registration as review expert candidates.
Article 5 Review experts shall be managed through the government procurement expert database. Financial departments at all levels can uniformly establish a database of government procurement experts based on the actual conditions and resource integration requirements of the region, or they can also build a database with the help of existing expert resources from purchasers and procurement agencies.
Article 6 The list of review experts must be announced on the government procurement information release media designated by the Ministry of Finance, and may also be announced on the government procurement information release media designated by the provincial finance department at the same time.
Article 7 The financial department shall strengthen the supervision and management of review experts and effectively regulate the professional behavior of experts.
Chapter 2 Qualification Management of Review Experts
Eighth Article review experts shall meet the following conditions:
(1) Have high professional quality and good professional ethics, and be able to act objectively, impartially, honestly and self-disciplined, and abide by the law during the review process of government procurement Criteria;
(2) Have been working in the relevant field for at least 8 years, have a bachelor's degree (including bachelor's degree) or above, a senior professional and technical title or the equivalent professional level, be proficient in professional business, be familiar with product conditions, and have experience in other fields. Have a certain reputation in the professional field;
(3) Be familiar with the relevant policies, regulations and business theoretical knowledge of government procurement and bidding, and be competent in government procurement review work;
(4) I am willing Participate in government procurement review work in an independent capacity and accept the supervision and management of the financial department;
(5) No bad records such as violations of disciplines and laws;
(6) Other conditions required by the financial department .
Article 9 is for those who do not meet the conditions and requirements listed in paragraph 2 of Article 8, but have outstanding professional expertise in relevant work fields and are familiar with the commodity market sales conditions, and meet other qualifications for experts , can be recognized as an evaluation expert after review by the financial department.
Article 10: All current and retired personnel who meet the provisions of Articles 8 and 9 of these Measures may self-recommend to the financial department, purchaser, or purchasing agency, or may be recommended by their unit or Recommended by other experts in the industry.
When self-recommending or recommending, the following materials should be provided:
(1) Personal culture and professional resume;
(2) Cultural and professional qualification certificates (original and copy);
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(3) Brief summary of personal research or work achievements (including academic papers, scientific research results, inventions and creations, etc.);
(4) Valid documents proving my identity;
(5) Recommendation opinions issued by my unit or industry organization.
Article 11 Experts who have been reviewed and registered by the financial department will be qualified as review experts. The financial department may issue a "Government Procurement Review Expert Certificate" based on management needs.
Article 12 The financial department shall inspect and review the qualifications of the review experts hired every two years, and those who meet the conditions may continue to be employed.
Article 13 The qualification inspection and reexamination of review experts shall include the following contents:
(1) Whether my professional level and professional ability can continue to meet the requirements for government procurement review work;
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(2) Whether I am familiar with and master the new provisions of government procurement laws, regulations, rules and policies, and participate in necessary government procurement training;
(3) I am participating in Whether I strictly abide by professional ethics such as objectivity and impartiality in government procurement activities, and perform my duties conscientiously;
(4) Whether I have violated the provisions of these Measures or other disciplinary and illegal records;
(5) Other contents that the financial department deems should be assessed.
Article 14 For those who have violated regulations during the government procurement review work, are no longer qualified for the review work, fail the inspection and re-examination, or apply to no longer serve as review experts, the financial department can handle it at any time Regarding the procedures for disqualification of employment.
Chapter 3 Rights and Obligations of Review Experts
Article 15 Review experts enjoy the following rights in government procurement activities:
(1) On government procurement The right to know the system and related conditions;
(2) The right to evaluate the quality of goods, projects and services provided by suppliers;
(3) The right to recommend successful bidders Voting rights;
(4) Obtain corresponding remuneration for review services as required;
(5) Other rights stipulated in laws, regulations and rules.
Article 16 Evaluation experts shall undertake the following obligations in government procurement activities:
(1) Provide true and reliable evaluation opinions for government procurement work;
(2) Strictly abide by the government procurement review work disciplines and shall not disclose the review status to the outside world (excluding the content in paragraph 4 of this article);
(3) Suppliers are found to have unfair competition in government procurement activities or malicious collusion and other irregularities, should be promptly reported to the organizer of the government procurement review work or the financial department and stopped;
(4) Answer the inquiries or questions from relevant parties on relevant issues in the government procurement review work ;
(5) Other obligations stipulated in laws, regulations and rules.
Article 17 Relevant staff of the financial department, purchasers and procurement agencies shall keep the private information of the review experts confidential.
Chapter 4 The use and management of review experts
Article 18 The management and use of review experts should be relatively separated. The financial department should establish a management system that restricts the maintenance and management of the expert database and the extraction and use of the expert database, that is, the maintenance and management of the government procurement expert database should be separated from the use and extraction work.
Article 19 When selecting experts, in principle, the purchaser or the person in charge of the procurement agency shall randomly select them under the supervision of the financial department. Under special circumstances, with the consent of the purchaser or procurement agency, the expert database maintenance and management personnel of the financial department can also randomly select from the expert database and recommend it to the purchaser or procurement agency. No unit or individual may designate review experts or interfere with the selection of review experts.
Article 20: Each time the required evaluation experts are selected, two or more candidate evaluation experts shall be selected according to the situation, and the replacements shall be arranged in order.
The selection results and notifications of the review experts shall be recorded and filed on the spot for future investigation.
Article 21: When the industry or product is special and the government procurement expert database cannot meet the needs, the purchaser or procurement agency may determine the review expert candidates in accordance with relevant regulations, but it shall be reported to the financial department for record .
Article 22: In principle, the selection time of review experts should be carried out half a day or the day before the bid opening. In special circumstances, it shall not exceed two days.
Relevant personnel who participate in the selection of review experts have the obligation to keep the names, units and contact information of the selected experts confidential.
Article 23 The expert database established by the financial department must openly provide services to purchasers and procurement agencies, and must not intentionally conceal the resources of the expert database.
Article 24 In principle, review experts shall not participate in government procurement review three consecutive times within one year
Article 25 Review experts shall adopt a scientific and fair attitude Participate in the review work of government procurement, be free from any interference during the review process, put forward review opinions independently and responsibly, and take responsibility for their own review opinions.
Article 26 Evaluation experts shall not participate in the evaluation activities of government procurement projects in which they have an interest. If you are invited to review projects that are of interest to you, you should take the initiative to avoid them. The financial department, purchaser or purchasing agency may also require the review expert to recuse himself.
Having an interest mainly refers to having served (including general work) or served as a consultant with a supplier participating in the procurement project within three years, and a spouse or immediate family member has served or served as a supplier participating in the procurement project. Consultants, have had legal disputes with suppliers participating in the procurement project, and other situations that may affect fair bid evaluation.
Article 27 The financial department should establish an information feedback system for government procurement review experts, listen to the opinions of relevant parties on the professional level, work ability, professional ethics, etc. of review experts, and verify and record relevant content. Regularly organize experts to study government procurement laws, regulations and policies.
Chapter 5 Penalties for Violations
Article 28 If an evaluation expert has any of the following circumstances, he or she will be reported for criticism or recorded as a bad behavior.
(1) A review project expert who has been selected as a project and has accepted the invitation fails to participate in the review within the prescribed time, affecting the government procurement work;
(2) During the review There is an obvious tendency or discrimination in the bidding work;
(3) Violating professional ethics and national regulations on integrity and self-discipline, but having no substantial impact on the evaluation results;
( 4) Violating government procurement regulations by disclosing bid evaluation status and other information to the outside world;
(5) Failure to answer or refusing to answer inquiries from procurement parties as required;
(6) ) Without knowledge, the review opinions violate government procurement policies.
Article 29 If an evaluation expert has any of the following circumstances, the financial department will cancel his or her qualification as a government procurement evaluation expert.
(1) Intentionally and seriously damaging the legitimate rights and interests of purchasers, suppliers, etc.;
(2) Violating the relevant national integrity and self-discipline regulations, privately contact or accept participation in government procurement activities Property or benefits of suppliers and relevant business units;
(3) Violating government procurement regulations to disclose relevant review status and other information to the outside world, which will have a substantial impact on the bidding results;
< p>(4) The review experts reach a consensus in private, violate the principles of fairness and openness, and influence and interfere with the bid evaluation results;(5) Engage in other activities that damage the image of government procurement in the name of government procurement Activities;
(6) Fraudulent practices to obtain the qualifications of review experts;
(7) Review opinions that seriously violate relevant government procurement policies and regulations.
Article 30 If a review expert receives two criticisms or bad records within one year, his review qualification for more than one year will be cancelled. Those who have accumulated more than three times will not be allowed to engage in review work.
Article 31 Supervisory agencies at all levels must strengthen supervision and inspection of the personal behavior of review experts who are subject to administrative supervision. If relevant violations of regulations and disciplines are involved, administrative sanctions shall be imposed on relevant personnel in accordance with relevant regulations.
Article 32 If the individual review expert’s violation of regulations causes economic losses to the relevant unit, the relevant review expert shall bear financial compensation liability; if a crime is constituted, the review expert will be transferred to the judicial authority for investigation of criminal liability.
Article 33 The results of the review experts’ treatment, such as notification of criticism, bad records, and disqualification, may be announced in the government procurement information release media designated by the financial department.
Article 34: In the process of selecting review experts, the financial department, purchaser or procurement agency violates the operational requirements by appointing or conducting secret operations, or deliberately leaks the names and names of the selected review experts to the outside world. If the organization, contact information, etc. are included, corresponding administrative sanctions may be imposed by the superior department or supervisory authority according to the specific circumstances.
Article 35: The financial department and its staff have committed dereliction of duty, dereliction of duty, malpractice for personal gain, etc. in the management of review experts, have not performed their duties correctly, or have improperly interfered with the government through management behavior Procurement work must be reported and criticized; if the circumstances are serious, corresponding administrative sanctions shall be imposed by the superior department or supervisory authority.
Chapter 6 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 formulate specific implementation measures in accordance with the provisions of these Measures.
Article 37 These Measures, "Measures for the Management of Government Procurement Review Experts [1]" shall be implemented from the date of issuance.
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