One, further standardize the behavior of government procurement evaluation experts the necessity of
Government procurement evaluation experts have clear evaluation rights and obligations, their evaluation behavior is subject to the relevant laws and disciplines, professional ethics, the evaluation of the opinion of the legal responsibility. Evaluation experts involved in government procurement activities is an important part of government procurement, their behavior directly affects the quality and effectiveness of the evaluation, determines the quality of procurement and service is optimal, whether the procurement needs are met, whether the procurement price is preferential, whether the supplier can obtain the winning bid or transaction qualification. In order to prevent power and money transactions, to prevent the evaluation experts and purchasers, suppliers and other phenomena of collusion, it is necessary to strengthen the supervision and regulation of the behavior of government procurement evaluation experts, clear evaluation expert's rights, obligations and responsibilities, standardize the behavior of evaluation experts, so as to ensure that the fairness of the government procurement activities, impartiality.
Government procurement evaluation expert behavior is an important part of the government procurement norms, reflecting the principle of openness, fairness and impartiality of government procurement activities, safeguarding the interests of the state and the interests of the social public ****, to protect the legitimate rights and interests of the parties involved in government procurement, and to prevent and control corruption from the source, has a very important role.
Obviously, the management of government procurement evaluation experts belongs to the scope of public **** management. And according to the basic content and requirements of the public *** management, the management of a public *** affairs should include at least the following: the main body of management (who manages), the management of the content (what), the management of the management of the ways and means (how to manage) and the management of the responsibility and effect (how to manage) and so on. In this regard, to improve the management of evaluation experts, we should start from the main body of management, management content, management methods and methods and management effects. Only to improve these management content and ensure that it is implemented in practice, in order to ensure that the evaluation of experts to correctly perform their duties, but also to achieve the principle of government procurement "three public".
Overall, since the promulgation of the "Government Procurement Evaluation Expert Management Measures", China's procurement expert evaluation work has made great achievements. This is mainly manifested in:
1, around the financial departments at all levels have established a pool of evaluation experts, and the basic implementation of the "separation of management";
2, expert evaluation of the basic maturity of the operating mechanism has been completed a large number of government procurement evaluation work
3, the vast majority of the evaluation expert The vast majority of evaluation experts are able to actively fulfill their duties, impartial evaluation, according to the law and policy evaluation of the appropriate winning supplier;
4, the financial sector can exercise supervision in accordance with laws and regulations, for illegal evaluation experts to give appropriate sanctions.
Second, the current government procurement evaluation expert management of the main problems and reasons for the analysis
We should also see that, with the constant changes in China's government procurement of political, economic and international environment, the continuous introduction of new laws and regulations and policies, as well as the continuous expansion of the scale of government procurement, the government procurement expert evaluation and management work has encountered a lot of problems. These problems even affect the fair evaluation of experts, and some even directly lead to the evaluation work is difficult to carry out normally. Specifically can be summarized as follows:
1. Government evaluation of experts in the management of the main body of their own, uneven levels. According to the "government procurement evaluation expert management measures" provisions, the financial sector at all levels in charge and supervise the establishment and operation of the evaluation expert pool. This means that the local financial departments should establish a more complete expert pool, while according to the local situation to monitor its operation, to ensure that the expert evaluation work is carried out normally. However, in practice, many places still exist in the same place of the centralized government procurement center and social procurement agencies to use different expert database. In other words, in addition to the expert pools established by the financial departments, social intermediary organizations also have their own expert pools. In addition to the government procurement evaluation expert pools under the responsibility of finance departments at all levels, there are also expert pools for bidding on construction projects, for the procurement of medicines and medical equipment, and for the evaluation of scientific research fund projects, and so on. In this way, the same administrative level, different departments in charge of different public **** procurement expert evaluation pool. These are subordinate to different departments in charge of the evaluation of the expert pool for their own purposes. In the vast majority of areas, no contact with each other, no communication, resulting in a huge waste of resources.
Only in the field of government procurement, the construction of the expert pool of their own, the level is not uniform is also manifested in: the main body of the expert management level is too much, the management level varies greatly. The local financial departments in charge of experts, including the central, provincial, municipal and county departments of procurement evaluation expert pool, and so on. Because there is no direct hierarchical relationship between the financial sector at all levels, but only business guidance relationship, the phenomenon of duplication of construction of procurement experts at all levels is serious. For example, the same city, because there are different levels of government agencies, there are different levels of evaluation expert pool. In fact, two different expert pools can be completely generalized, so as not to cause unnecessary waste of resources. Management at all levels varies from place to place, some places can be realized by the provincial financial departments to develop standards, unified operating platform, the evaluation of experts to implement unified management; and more by the level of the financial sector is responsible for the management, there are expert pools decentralized to the procurement center is responsible for the management.
2. The number of government procurement evaluation experts is insufficient and their quality varies. From the situation of evaluation expert pools at all levels across the country, there is a general phenomenon of insufficient number of experts. Some places in order to ensure the normal conduct of the evaluation work, take to reduce the qualification requirements of experts, deliberately relax the threshold of access to expand the number of experts. However, it is under such circumstances that people with professional and technical capabilities in some smaller cities still cannot meet the requirements for the construction of expert pools. And according to the Measures for the Administration of Government Procurement Evaluation Experts, evaluation experts shall not, in principle, participate in three consecutive government procurement evaluations within one year. This requirement undoubtedly makes the original staff tensions in the evaluation of the expert pool, many local expert evaluation simply can not guarantee that no more than three times. Therefore, the violation of the provisions of the situation repeatedly, the provisions of the value of existence is lost.
The quality of the existing evaluation experts is mixed, and the situation is worrisome. The positioning of the evaluation experts should be the use of their expert skills, for the state and society to contribute their strength, never for their own self-interest. This requires evaluation experts to have both high professional skills and very good professional ethics, and at the same time to grasp the national government procurement policy. However, from the actual situation, due to the financial departments around the evaluation of the expert supervision is not enough, sanctions and other reasons led to the prevalence of the evaluation of experts on their own and the evaluation of the work of the positioning is not allowed, repeated violations of the law and violations of the law, can not be impartial law enforcement.
3. Government procurement evaluation expert pool management methods and means lagging behind. From the current situation, there are obvious differences in the management methods and means of the expert pool. On the whole, the developed areas of the expert pool management methods have been gradually improved, while the less developed areas of the expert pool management is relatively backward. At the same time, there are still many places that are not yet able to realize the "random selection and separation of management and use" of experts, and there is even the phenomenon of artificial operation, control of experts' selection, and leakage of experts' information in advance. This is not only because many places do not strictly implement the "separation of management and utilization", there are also backward technical means of management of the expert pool, the responsibility of the extractor is not enough to implement the reasons.
4. Government procurement evaluation expert knowledge training and education is obviously insufficient. According to the provisions of the "government procurement evaluation expert management methods", evaluation experts should not only have the professional level and ability to practice, but also have good professional ethics, familiar with and master the government procurement laws, regulations, rules and guidelines and policies of the new provisions, and participate in the necessary government procurement training. The practice from around the world, most of the evaluation experts already have the professional level and practice ability, but, in the professional ethics, mastery of laws and regulations and policies, there are obvious deficiencies. This is because, on the one hand, there is no necessary induction education for evaluation experts in various places; on the other hand, there is a lack of necessary follow-up training for experts who have already obtained the qualification of evaluation, and many places do not even have any form of training at all. In addition, for professional ethics and legal policy to grasp the examination and education itself is a difficult thing. All of these, then led to the quality of evaluation experts around the difficult to meet the needs of the development of the situation.
5, assessment work is not standardized. First, "random" brings "random". In the evaluation committee's organizational procedures, experts are generally drawn from the expert database, sometimes in order to one-sided pursuit of confidentiality and randomness of the extraction, but ignored the resulting arbitrariness. Due to the current construction of the expert pool is not very sound, the experts in the pool of experts on their respective professional knowledge, the use and understanding of government procurement projects and other aspects of the gap. Therefore, in some of the major impact of the key projects, can not ensure that the evaluation committee by the counterparts of the first-class expert jury composition, can only rely on "luck", touch "luck", can not guarantee the quality of the evaluation results. Second, the agency fee leads to unfairness. According to the current legal provisions, the social intermediary agency agency government procurement business, you can choose from their own expert database of all the members of the evaluation committee. However, many experts "randomly" generated is actually "with" the bidding agency's "intention" to produce, and evaluation of expert compensation is entirely bidding agency or procurement People to pay, that is, who entrusted, who paid. As the saying goes, "taking people's money, eliminating people's disasters", the independence, objectivity and impartiality of the evaluation experts are therefore greatly reduced. Therefore, bid-rigging, bid-rigging, bid-rigging and other backdoor operations are always common in bidding activities. Third, the responsibility and authority is unclear. According to the provisions of the Government Procurement Law, the jury in the evaluation process should be independent scoring, no one has the right to interfere. Thus, the entire evaluation depends entirely on the degree of responsibility and expertise of the jury. However, when there are obvious deviations in the evaluation results or when bidders raise doubts or complaints about the evaluation results, who should be responsible for responding to the doubts and complaints? If there are indeed problems with the evaluation process, who should be responsible for determining whether the evaluation committee has been negligent in its work? Who should bear the adverse consequences of the faulty work of the Jury? Who will supervise the evaluation work of the Evaluation Committee on site? How? Can the supervisor overrule the conclusions of the Jury? Fourthly, the evaluation time is relatively short. From the practical point of view, except for some large-scale projects, the evaluation time for the vast majority of procurement projects does not exceed one day. In addition to the evaluation before the verification of the identity of experts and informed of the evasion requirements, announced the evaluation of work discipline and procedures, the introduction of relevant policies and regulations, etc., but also must be given to the experts to set aside a certain amount of time to familiarize themselves with the procurement documents, understanding of the project situation, to master the evaluation criteria. Therefore, the time available for formal evaluation by the experts is very limited, and it is almost difficult for the evaluation experts to read, compare and evaluate the contents of each page of each supplier's document carefully, and to fully utilize their professional knowledge and experience in the evaluation. In order to complete the evaluation work within the specified time, the expert "ten lines at a glance", "horse" situation is unavoidable. Fifth, the division of labor is not reasonable enough. In the actual evaluation, in order to "speed up the progress", the evaluation committee often bidding documents in accordance with the number of average distribution, or will be scored roughly after the distribution of "their own responsibility", and finally their respective scores "resources **** Enjoy" and summary, ranking, this practice will largely individual experts may have tendencies, knowledge weaknesses and even blind spots, the degree of professionalism is not high to magnify the negative effects and affect the final evaluation results. Sixth, the review is not in place. From a practical point of view, the experts generally pay insufficient attention to the review work, haphazardly or even not at all review, which brings a great risk to the impartiality of the evaluation results.
Three, strengthen and improve the government procurement evaluation expert management countermeasures and recommendations
At present, the government procurement evaluation expert management and evaluation of such problems, not only affects the full play of the function of the government procurement, but also affects the image of the government agencies. Therefore, to strengthen and improve the government procurement evaluation expert management, improve the evaluation level, has become a task that can not be delayed, urgent. For the current government procurement evaluation expert management and evaluation of the problems that exist, the author believes that the following aspects of work should be done:
1. Further integration of expert resources, unified management of the main body. For the current status quo of different areas of evaluation experts in their own way, should consider the gradual transition to a management body or joint management body of the system. Whether it is in the field of construction engineering, drugs and medical devices, scientific research fund projects, government procurement and other fields of evaluation expert pool should be unified management, under one management body or a joint management body. Specifically, will now be able to unify under the management of finance, development and reform commission and human resources and other departments of the joint establishment of the organization, and gradually transition to the financial sector in the independent management model.
2. Improve administrative regulations and improve the effectiveness of the norms. First of all, modify and improve the existing "government procurement evaluation experts management measures". Broaden the scope of application of the "Government Procurement Evaluation Expert Management Measures", all fields and industries involved in expert evaluation of the behavior are included in the unified scope of regulation; unified standardization of the management of the evaluation expert content, including the expert's minimum qualifications, expert qualification review, expert induction training, expert evaluation of the Code of Conduct and Professional Ethics, the expert's extraction and use of the expert's appointment and renewal of the expert's rights, obligations and responsibilities, and so on. rights, obligations and responsibilities of experts, and so on. At the same time, the technical standards and technical specifications of the management tools of the expert database shall be standardized; some mandatory provisions of the expert management shall be increased, such as the sanctioning of the management body and the evaluation experts for violating the law, and so on. Secondly, and promulgated in the form of administrative regulations. The Measures for the Administration of Government Procurement Evaluation Experts, jointly issued by the Ministry of Finance and the Ministry of Supervision, is a departmental regulation with limited legal hierarchical effectiveness. At the local level, there are also other normative documents issued by some local governments, whose legal effect is even lower and less binding. For this reason, it can be considered that on the basis of revising and improving the Administrative Measures for Government Procurement Evaluation Experts, it can be submitted to the State Council for promulgation in the form of administrative regulations in order to enhance its coercive force and applicability.
3. Enrich the management content, improve the quality of experts. For the current situation that the number of experts in the evaluation expert pool in some places is insufficient and the quality of the experts is different, the author believes that the evaluation expert management departments at all levels should focus on the future and develop a medium- and long-term strategy for the management of evaluation experts. First of all, increase publicity efforts to establish the review is a public service concept. Only in this way, only mobilized around the working and retired professionals to participate in the evaluation of enthusiasm, but also to ensure that the number of evaluation experts; Second, enhance professional ethics, legal policy training, to maintain the sustainability of the evaluation experts; evaluation experts only have a good moral character, familiar with government procurement laws and regulations and related policies, in order to carry out the evaluation of fairness; again, to strengthen the supervision and evaluation work of the experts into the database. Thirdly, the supervision and evaluation of the experts in the pool should be strengthened. Specifically, we should regularly inspect the evaluation experts and establish a credit file for each expert. The experts who violate the law should be sanctioned in time and counted in the file.
4. Establish an information platform and strengthen the application of science and technology. The use of modern information technology means to ensure timely, convenient and efficient management of evaluation experts. Specifically, the construction of the expert information base must have a specialized agency and specialized personnel responsible for, and implement specific responsibilities, under the premise of ensuring confidentiality, to ensure that the use of experts convenient and fair. To this end, the author suggests: the central level only retains the Ministry of Finance in charge of the evaluation of expert information base, while the engineering field, drugs and medical devices, scientific research projects and other evaluation of experts into the Ministry of Finance in charge of the expert database, and unified to the same information technology operating platform. At the local level, an expert information database has been established under the unified supervision and deployment of the finance departments of provinces and municipalities directly under the central government. Provinces and municipalities directly under the Central Finance Department in accordance with the actual situation, the integration of expert database resources, reduce or abolish the county-level expert database, the merger of the same city of different administrative level authorities to establish the expert information database, in order to ensure that the resources **** enjoyment, the experts are sufficient. In addition to this, it is necessary to make full use of modern scientific and technological means to ensure the informatization, technologization and modernization of the management, operation, maintenance and supervision of the expert information base. It is also necessary to establish a comprehensive electronic and one-stop network service system for the evaluation system, and improve the systems and technical guarantees for network approval.
5. Improve the evaluation system of evaluation experts. First of all, the evaluation experts are given the right to interpret the evaluation process and the right to veto. Evaluation experts are not only based on the invitation to tender for various scores, to give the evaluation experts reasonable interpretation and veto power of the tender documents. Specifically, for the invitation to tender in the ambiguous, difficult to understand, directly affects the evaluation of the normal work, can be given to the evaluation of experts in accordance with the bidding documents reasonable interpretation of the power; and for the bidding documents for obvious violations of the law and regulations of the situation, to give the evaluation of the experts to question, order to modify or abolish the power of the bid. The system of justification should also be further improved in terms of the writing of the evaluation decision. This mainly includes in addition to the unsuccessful suppliers to be fully notified, but also separately attached to the unsuccessful reasons as well as challenges, complaints and litigation and other related remedies to inform the instructions, as well as the winning supplier's reasons for winning the bid. Further improve the format and content of the evaluation decision letter. Specifically, the format of the decision letter should be standardized according to the types of different commodities and procurement methods, and reference can be made to the format of the processing decision letter of the administrative law enforcement authorities; the content should include the participants, time, place, process, reasons for winning the bidding, description of the reasons for not winning the bidding, and the authorities and time limit for questioning, complaining and litigation, and so on. At the same time, it is necessary to strengthen the legal awareness of the evaluation expert signature and legal responsibility.
6. The management of evaluation experts into the government procurement performance evaluation system . The assessment of the evaluation of expert management should be subdivided into assessment indicators, and into the government procurement performance evaluation system. Specifically, first of all, the evaluation of expert management system is perfect as an important indicator of government procurement performance assessment, and assessment and evaluation; Secondly, the evaluation of expert management of technical means and hardware inputs as an important part of the assessment, and to determine the appropriate proportion of its weight, into the assessment system. Again, the rate of complaints against expert evaluation and the rate of violation of laws and regulations by experts should be taken as important reference indexes and incorporated into the evaluation system. In short, to the evaluation of the expert management system and management of the practice of the whole government procurement performance assessment system, in order to ensure that the evaluation of the long-term mechanism of expert management.
7, with the system to ensure fair evaluation. Evaluation process determines the success or failure of the entire procurement work, evaluation experts determine the quality of procurement work. Therefore, it is necessary to use the system to ensure that the evaluation experts in the evaluation of scientific, fair and impartial professional conduct. First, a system of evaluation committees with clear responsibilities and powers should be established to ensure that evaluation members treat each bidder reasonably and fairly, carefully review and compare bidding documents in strict accordance with the procedures, standards and methods stipulated in the bidding documents, and take personal responsibility for the evaluation opinions put forward. Second, the evaluation and review committee system is implemented. For projects with wide social impact, large procurement amounts or potential disputes, consideration may be given to adopting the evaluation and review committee system. That is, at the end of the evaluation by the relevant experts, auditing, supervision, executive agencies, regulatory bodies and other relevant departments to form an evaluation and audit committee, the tender documents, bidding documents, evaluation methods and evaluation of the composition of the evaluation committee, the evaluation process, the results of the evaluation of the content of the audit, and make the appropriate conclusions. Third, improve the composition of the evaluation experts and standardize the issuance of honoraria to ensure that the evaluation committee is set up to achieve the unity of reasonableness and authoritativeness, ensuring randomness and confidentiality, but also eliminating arbitrariness, especially eliminating the "arbitrariness" of intermediary agencies. In order to ensure that the evaluation experts can fully reflect the will of individuals, fully embodies its fair and transparent position, change the current common "who commissioned, who pays" evaluation expert honorarium mode, explore other more useful way. The fourth is to stipulate the evaluation time. In order to ensure that the experts have enough time to fully understand the substance of the documents of both sides as far as possible, to ensure that the competition is reasonable and fair, it is recommended that the competent authorities in accordance with the project procurement methods, procurement amount, the number of suppliers and other factors, the project evaluation of the shortest time limit. Fifth, strengthening the management of the evaluation site. The management of the evaluation site should be carried out in strict accordance with the relevant regulations and notification requirements. It is recommended that when announcing the discipline and procedure of evaluation work and introducing relevant laws and regulations, the provisions and requirements of independent evaluation by experts should be emphasized; if the procurer introduces the background and technical requirements of the project, it should ensure that the content of the introduction is consistent with the introduction materials submitted in advance, and is not discriminatory and tendentious; the experts should be guided to read and understand the procurement documents carefully, and the key points of the content should be discussed and agreed upon in advance. agreement, and so on. Sixth, strengthening the supervision of evaluation work. Purchasers must fully recognize the importance of the evaluation process of the procurement project, take the initiative to send the unit discipline inspection and supervision personnel to participate in the evaluation of the whole process of supervision. Collective procurement agencies should also be combined with relevant regulations and notice requirements, and constantly improve the internal rules and regulations on the evaluation, and actively play the role of internal monitoring mechanisms to promote the evaluation of the site management work more scientific and standardized. At the same time, to innovate ideas, create conditions for the gradual development of supervisor supervision, supplier supervision, public supervision, etc., to further promote the evaluation of government procurement work more fair and transparent.