November 18, 2016 Caiku [2016] No.198
Relevant departments of the CPC Central Committee, the State Council ministries and commissions, directly affiliated institutions, General Office of the National People’s Congress Standing Committee (NPCSC), General Office of Chinese People’s Political Consultative Conference, High Court, Supreme People’s Procuratorate, relevant people’s organizations, finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government and cities with separate plans, procurement centers of directly under the authority in the Central Committee of the Communist Party of China, government procurement centers of central state organs, procurement centers of organs of the National People’s Congress, centralized procurement centers of State Taxation Administration of The People’s Republic of China, materials and equipment procurement centers of the General Administration of Customs, centralized procurement centers of the People’s Bank of China and police equipment procurement centers of the Ministry of Public Security.
The measures for the administration of government procurement evaluation experts formulated by the Ministry of Finance are hereby printed and distributed to you, please follow them.
Annex: Measures for the Administration of Government Procurement Evaluation Experts
CC: Offices of the Financial Ombudsman of the Ministry of Finance in all provinces, autonomous regions, municipalities directly under the Central Government and cities under separate state planning.
Attachment:
Measures for the administration of government procurement review experts
Chapter I General Provisions
Article 1 In order to strengthen the management of government procurement evaluation activities and standardize the evaluation behavior of government procurement evaluation experts (hereinafter referred to as evaluation experts), these Measures are formulated in accordance with the People’s Republic of China (PRC) Government Procurement Law (hereinafter referred to as the Government Procurement Law), the People’s Republic of China (PRC) Government Procurement Law Implementation Regulations (hereinafter referred to as the Government Procurement Law Implementation Regulations) and other laws, regulations and relevant provisions.
Article 2 The term "evaluation experts" as mentioned in these Measures refers to those who are selected by the financial department of the people’s government at or above the provincial level, participate in the evaluation of government procurement in an independent capacity, and are included in the management of the evaluation expert database. These Measures shall apply to the selection, dismissal, extraction, use, supervision and management of evaluation experts.
Article 3 The evaluation experts shall follow the management principles of unified standards, separation of management and random selection.
Article 4 The Ministry of Finance shall be responsible for formulating the national unified professional classification standards for evaluation experts and the standards for the construction of evaluation expert database, and building and managing the national evaluation expert database.
The financial department of the provincial people’s government is responsible for the construction of the local evaluation expert database and the implementation of dynamic management, and the interconnection and resource sharing with the national evaluation expert database.
The financial departments of the people’s governments at all levels shall perform their duties of supervision and management of the evaluation experts according to law.
Chapter II Selection and Dismissal of Appraisal Experts
Article 5 The financial departments of the people’s governments at or above the provincial level shall select and appoint evaluation experts through public solicitation, unit recommendation and self-recommendation.
Article 6 Evaluation experts shall meet the following conditions:
(1) Having good professional ethics, being honest and self-disciplined, abiding by discipline and law, and having no bad credit records such as bribery, bribery and fraud;
(two) with intermediate professional titles or equivalent professional level and engaged in related fields for 8 years, or with senior professional titles or equivalent professional level;
(three) familiar with government procurement related policies and regulations;
(four) China citizens who promise to participate in the evaluation work in an independent capacity, perform the duties of evaluation experts according to law and bear corresponding legal responsibilities;
(five) under the age of 70, healthy, able to undertake the review work;
(six) within three years before applying to become an expert, there is no record of bad behavior as stipulated in Article 29 of these Measures.
The conditions listed in items (2) and (5) of the preceding paragraph may be appropriately relaxed for the majors with a small number of experts.
Article 7 A person who meets the requirements as stipulated in Article 6 of these Measures and voluntarily applies to become an evaluation expert (hereinafter referred to as the applicant) shall provide the following application materials:
(1) Resume, application and letter of commitment signed by me;
(2) Academic degree certificate, professional title certificate or certification materials with equivalent professional level;
(3) A valid certificate to prove my identity;
(four) I think it is necessary to apply for withdrawal of information;
(five) other materials as prescribed by the financial department of the people’s government at or above the provincial level.
Article 8 An applicant shall apply for accreditation according to his major or specialty.
Article 9 The financial department of the people’s government at or above the provincial level shall review the application materials submitted by the applicant, the declared evaluation major and credit information, and select qualified experts to be included in the evaluation expert database management.
Article 10 If the work unit, contact information, professional titles and information to be avoided of the evaluation experts change, it shall timely apply to the financial department of the people’s government at or above the provincial level for changing the relevant information.
Eleventh experts in any of the following circumstances, the financial department of the people’s government at or above the provincial level shall be dismissed:
(a) does not meet the conditions stipulated in article sixth of these measures;
(two) I apply to no longer serve as an expert;
(3) There is a record of bad behavior as stipulated in Article 29 of these Measures;
(4) Being subject to criminal punishment.
Chapter III Selection and Use of Appraisal Experts
Article 12 A purchaser or procurement agency shall randomly select evaluation experts from the evaluation expert database established by the financial department of the people’s government at or above the provincial level.
If the number of relevant experts in the evaluation expert database cannot be guaranteed to be randomly selected, the purchaser or procurement agency can recommend qualified personnel, and then randomly select them after being audited and hired.
Thirteenth procurement projects with complex technology and strong professionalism, it is difficult to determine the appropriate evaluation experts through random methods, and with the consent of the competent budget unit, the purchaser can choose the evaluation experts in the corresponding professional fields by himself.
Those who choose their own evaluation experts shall give priority to the evaluation experts outside their own units.
Fourteenth in addition to competitive negotiation, competitive consultation procurement, as well as off-site evaluation of the project, the purchaser or procurement agency to select experts to review the start time in principle shall not be earlier than 2 working days before the start of the evaluation activities.
Article 15 The purchaser or procurement agency shall announce the review discipline before the review activities begin, and file the written documents recording the review discipline as the procurement documents.
Sixteenth evaluation experts and suppliers to participate in procurement activities have one of the following interests, should be avoided:
(1) Having had labor relations with suppliers within three years before participating in procurement activities, or having served as a director or supervisor of suppliers, or being a controlling shareholder or actual controller of suppliers;
(2) Having husband and wife, lineal blood relatives, collateral blood relatives within three generations or close in-laws with the legal representative or person in charge of the supplier;
(three) there are other relationships with suppliers that may affect the fairness and impartiality of government procurement activities.
If the evaluation experts find that they are interested in the suppliers participating in procurement activities, they should take the initiative to withdraw. If the purchaser or procurement agency finds that the evaluation experts have an interest in suppliers participating in procurement activities, they shall be required to withdraw.
Except as provided in Article 13 of these Measures, the evaluation experts can only participate in the evaluation activities as representatives of the purchaser for the government procurement projects of this unit.
The staff of government procurement supervision and management of financial departments at all levels shall not participate in the evaluation activities of government procurement projects as evaluation experts.
Article 17 If the number of experts on the review site does not meet the requirements due to the absence or avoidance of the review experts, the purchaser or procurement agency shall make up the review experts in time, or select and make up the review experts by itself with the consent of the competent budget unit of the purchaser. If it is impossible to make up the evaluation experts in time, the purchaser or procurement agency shall immediately stop the evaluation work, properly keep the procurement documents, and re-establish the bid evaluation committee, negotiation team, inquiry team and consultation team for evaluation according to law.
Article 18 Evaluation experts shall strictly abide by the discipline of evaluation work, and conduct independent evaluation according to the evaluation procedures, evaluation methods and evaluation standards stipulated in the procurement documents in accordance with the principles of objectivity, impartiality and prudence.
When the evaluation experts find that the contents of the procurement documents violate the relevant mandatory provisions of the state or the procurement documents are ambiguous or have major defects, which makes the evaluation work impossible, they shall stop the evaluation and explain the situation in writing to the purchaser or procurement agency.
The evaluation experts shall cooperate with the suppliers to answer their inquiries, questions and complaints, and shall not disclose the evaluation documents, evaluation situation and business secrets learned in the evaluation process.
If the evaluation experts find that the supplier has committed illegal acts such as bribery, providing false materials or collusion, they shall report to the financial department in time.
Experts who have been illegally interfered in the evaluation process shall report to the finance and supervision departments in a timely manner.
Nineteenth evaluation experts should sign the evaluation report and bear legal responsibility for their own evaluation opinions. If there are disputes on matters that need to be jointly identified, the conclusion shall be made according to the principle that the minority is subordinate to the majority. If there is any objection to the review report, it shall sign different opinions on the review report and explain the reasons, otherwise it shall be regarded as agreeing to the review report.
Twentieth the list of evaluation experts shall be kept confidential before the announcement of the evaluation results. After the completion of the evaluation activities, the purchaser or procurement agency shall announce the list of evaluation experts together with the results of winning the bid and closing the transaction, and mark the evaluation experts selected by themselves.
The financial departments at all levels, the purchaser and the relevant staff of the procurement agency shall not disclose the personal information of the evaluation experts.
Twenty-first buyers or procurement agencies shall, within 5 working days after the end of the evaluation activities, record the performance of the duties of the evaluation experts in the government procurement credit evaluation system.
Evaluation experts can query the record of their duties in the government procurement credit evaluation system, and explain the relevant situation.
The financial department of the people’s government at or above the provincial level may set the ladder extraction probability according to factors such as the performance of the evaluation experts.
Twenty-second evaluation experts shall, within 5 working days after the end of the evaluation activities, record the performance of the duties of the purchaser or the procurement agency in the government procurement credit evaluation system.
Twenty-third projects in the centralized procurement catalogue shall be paid by the centralized procurement institution for the labor remuneration of the evaluation experts; For projects outside the centralized procurement catalogue, the purchaser shall pay the labor remuneration of the evaluation experts.
Article 24 The financial department of the people’s government at the provincial level shall, according to the actual situation, formulate the remuneration standards for the evaluation experts in this region. The central budget unit shall pay the labor remuneration of the evaluation experts according to the standards of the place where the unit is located or where the evaluation activities are located.
Twenty-fifth evaluation experts to participate in the evaluation of different places, the round-trip inter-city transportation, accommodation and other actual expenses, according to the corresponding standards of travel management measures implemented by the purchaser to the purchaser or centralized procurement institutions credentials reimbursement.
Twenty-sixth evaluation experts leave the evaluation site without completing the evaluation work, or there are illegal acts in the evaluation activities, and shall not receive labor remuneration and reimbursement of travel expenses for evaluation in different places. Personnel other than the evaluation experts shall not receive remuneration for evaluation services.
Chapter IV Supervision and Management of Appraisal Experts
Twenty-seventh review experts not in accordance with the provisions of the procurement documents review procedures, methods and standards for independent review or disclosure of review documents, review, by the financial sector to give a warning, and impose a fine of 2000 yuan to 20 thousand yuan; Those who affect the bid-winning and transaction results will be fined between 20,000 yuan and 50,000 yuan, and will be prohibited from participating in government procurement evaluation activities.
If there is an interest relationship between the evaluation experts and suppliers, they will be fined between 20,000 yuan and 50,000 yuan, and they will be prohibited from participating in government procurement evaluation activities.
If the evaluation experts accept bribes from purchasers, procurement agencies or suppliers or obtain other illegitimate interests, which constitutes a crime, they shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be fined between 20,000 yuan and 50,000 yuan, and it shall be prohibited from participating in government procurement evaluation activities.
The evaluation experts have the above-mentioned illegal acts, and their evaluation opinions are invalid; Illegal income, confiscate the illegal income; If losses are caused to others, they shall bear civil liability according to law.
Twenty-eighth buyers, procurement agencies found that the evaluation experts have illegal acts, they should promptly report to the financial department of the purchaser.
Twenty-ninth applicants or evaluation experts in any of the following circumstances, included in the record of bad behavior:
(1) Failing to conduct independent evaluation according to the evaluation procedures, evaluation methods and evaluation standards stipulated in the procurement documents;
(two) disclosure of review documents, review;
(3) Having an interest relationship with the supplier and not avoiding it;
(4) Accepting bribes from purchasers, procurement agencies or suppliers or obtaining other illegitimate interests;
(5) Providing false application materials;
(6) Refusing to perform legal obligations such as cooperating with suppliers to answer inquiries, queries and complaints;
(seven) to engage in activities that undermine the credibility of government procurement as an expert.
Thirtieth buyers or procurement agencies that fail to select and use evaluation experts in accordance with the provisions of these Measures shall be investigated for legal responsibility in accordance with the Government Procurement Law and relevant laws and regulations.
Article 31 If any staff member of the financial department abuses his power, neglects his duty, engages in malpractices for personal gain and other violations of law and discipline in the evaluation of expert management, he shall be investigated for corresponding responsibilities in accordance with the relevant provisions of the State, such as the Government Procurement Law, the Civil Service Law, the Administrative Supervision Law and the Regulations for the Implementation of the Government Procurement Law. Those suspected of committing a crime shall be transferred to judicial organs for handling.
Chapter V Supplementary Provisions
Thirty-second representatives of the purchaser participating in the evaluation activities and the management of evaluation experts selected by the purchaser according to law shall be implemented with reference to these measures.
Article 33 Where the State has other provisions on the selection and selection of evaluation experts, such provisions shall prevail.
Thirty-fourth financial departments of the provincial people’s governments may, in accordance with the provisions of these measures, formulate 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 as of January 1, 2017. The Measures for the Administration of Government Procurement Evaluation Experts issued by the Ministry of Finance and the Ministry of Supervision on November 17, 2003 (Caiku [2003] No.119) shall be abolished at the same time.