Henan Province, Database Experts For Bidding And Bid Management

Original Language Title: 河南省评标专家和评标专家库管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(April 13, 2006 Executive meeting of the Henan provincial people's Government, the 135th considered by people's Government of Henan province, April 19, 2006, the 99th announced as of June 1, 2006) first in order to strengthen the evaluation experts and evaluation expert pool management, ensure the fairness and impartiality of evaluation activities, in accordance with the People's Republic of China bidding law and the provisions of other relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article within the administrative areas of this province, provincial government departments, a procuratorial Agency to set up evaluation experts and expert management of warehousing, use shall comply with these measures.
    Article in the province must be tendered according to law within the administrative area of the project, from provincial government departments concerned and bidding agencies established by law identified in the database of the bid evaluation Committee members.
    International organizations or foreign government loans, aid project bidding, lender, funding for evaluation experts have special requirements, special provisions may be applied.
    Article fourth province development and reform, water conservancy, transportation, construction, information technology, communications and other administrative departments (hereinafter referred to as departments of provincial administration), the segregation of duties in charge evaluation experts and evaluation expert supervision and administration of the library.
    Fifth article established assessment standard experts library should has following conditions: (a) meet statutory conditions of assessment standard experts number not less than 500 people; (ii) has meet assessment standard need of professional classification, the professional experts number not less than 50 people; (three) has meet offsite extraction, and random extraction assessment standard experts need of necessary facilities and conditions; (four) has is responsible for daily maintenance management of institutions and personnel; (five) has perfect of management system.
    Sixth bid database of experts to implement the appointment system.
    Selected assessment standard experts library of experts, should has following conditions: (a) engaged in related professional field work full 8 years and has senior titles or equal professional level; (ii) familiar about tender bid of legal, and regulations; (three) can seriously, and just, and honest, and clean to perform duties; (four) body health, can bear assessment standard work; (five) legal, and regulations and regulations provides of other conditions.
    In the tendering and bidding activities for violation of criminal punishment or administrative punishment shall not be appointed as evaluation experts. Article seventh expert selected as evaluation experts, individuals and units recommended in two ways.
    Recommended way requires a prior consent of the applicant agreed. Individual applications or references should be archived for future reference.
    Personal application or recommendation shall be accompanied by documentation of the conditions specified in article sixth.
    Article eighth formation evaluation database of provincial government departments or bid invitation Agency shall review the conditions of the applicant or the applicant, and to meet the conditions as provided herein the applicant or the applicant evaluation expert certificate issued.
    Process and outcome evaluation expert shall make a written record of the archive.
    Evaluation experts finished their terms for 3 years, accredited qualified the expiry period can be extended.
    Nineth formation evaluation database of provincial government departments and tendering agency evaluation expert should be the number of experts, professional classification, extraction methods and other basic information to the provincial development and reform Department for the record and open to the public.
    Tenth Article formed assessment standard experts library of provincial government about sector and tender agent institutions should established sound assessment standard experts continues to education system and assessment evaluation system, established assessment standard experts personal archives, detailed records assessment standard experts of personal resume, and appointment number, and attended assessment standard activities times, and not attended assessment standard activities times and the reasons, and business capacity and assessment standard performance, and continues to education and the assessment situation, and bad behavior records, and was complaints times and reasons and the survey processing results,, as assessment standard experts annual assessment of according to.
    11th article assessment standard experts enjoys following right: (a) accept tender people or tender agent institutions hired, served as assessment standard Committee members; (ii) law according to assessment standard standard and method on bid file for review, proposed review views, not by any units or personal of illegal intervention; (three) accept participate in assessment standard activities of labor paid; (four) legal, and regulations provides of other right. 12th article assessment standard experts has following obligations: (a) became assessment standard Committee members Hou, on its identity and assessment standard project confidential; (ii) objective, and just to for assessment standard; (three) in assessment standard results announced zhiqian, shall not privately contact bid people, shall not received others of property or other benefits, shall not revealed on bid file of review and compared, and bid candidates of recommended situation and and assessment standard about of other situation; (four) on proposed of review views signature and bear personal responsibility; (five) assist, and
    With the relevant administrative departments of supervision and inspection.
    13th members of the bid Assessment Committee by the tenderer or its commissioned by the tender agents will be responsible for taking, before the Evaluation Committee members in a bid to determine which should be kept confidential.
    Evaluation Committee membership is determined, the extraction process and the final result should be written records, the bid of the tenderer or their authorized agencies, experts and management agency and terminal operators should hold one in the written record.
    14th evaluation experts to participate in the bid evaluation activities should be certified, independent bid.
    Is determined to bid evaluation Expert Committee members cannot attend the bid activities shall be promptly reported to the expert database management.
    15th bid expert, one of the following circumstances may not serve as members of the bid Assessment Committee: (a) close relatives of the bidder or bidders in charge, (ii) project personnel or departments for administrative supervision by the competent and (iii) economic interests with bidders, may affect the impartiality of the review.
    Members of the bid Assessment Committee of any of the circumstances set forth in the preceding paragraph, shall take the initiative to apply for withdrawal; don't apply for withdrawal, tenderer or relevant administrative departments found, shall immediately terminate its evaluation activities.
    16th under any of the following circumstances, confirmed by the tenderer with expert management should again from evaluation experts: (a) had been collected by evaluation experts 15th provided these measures, need to be avoided, (ii) had been collected by evaluation experts failed to participate in evaluation activities.
    Article 17th found in the bid evaluation process evaluation expert favoritism, bid, the conflict of interest provisions is not required, development and reform Department or other relevant competent administrative departments shall terminate the evaluation experts of bid activity, determined according to the provisions prior to bid evaluation expert.
    Identified since the end of the bidding evaluation experts there is favoritism, not required to bid, the conflict of interest provisions, but does not influence the results of the evaluation, bid effectively influencing the results of the evaluation, by development and reform Department or the relevant administrative department in accordance with the laws, regulations and rules of the invalid provisions of the bid and by reorganizing the bid of the tenderer.
    18th bid expert, one of the following circumstances shall terminate the bidding qualification of experts: (a) failed to pass the annual examination, (ii) because of job relocation, are no longer suitable for evaluation experts and (iii) not competent bid due to health reasons, and (iv) upon his/her request down as evaluation experts.
    Article 19th province and the Division of responsibilities for the Executive Department shall strengthen the supervision of members of the bid Assessment Committee evaluation activities.
    20th according to law must be tendered for the project, the tenderer or their authorized bidding agencies not complying with the provisions of provincial government departments or a procuratorial agency established according to law identified in the database of the bid evaluation Committee members, the bid invalid.
    Article 21st evaluation expert pool management agency any of the following circumstances, the Department of provincial administration rectification; fails, ordered the dissolution of evaluation experts and announced to the public.
    (A) formed of assessment standard experts library not has this approach provides conditions of; (ii) employed experts not meet statutory conditions of; (three) on titles process and results not for written records and archive of; (four) not established employed experts personal work archives of; (five) violation program and rules provides assessment standard experts of; (six) in assessment standard Qian to bid people leak selected of assessment standard experts of.
    22nd article assessment standard experts has following case one of of, by province about administrative competent sector according to plot, suspended or canceled its assessment standard experts qualification, informed its where units, to social announced, and by its where units or monitored organ law give administrative sanctions; constitute crime of, law held criminal: (a) to false material cheat assessment standard experts qualification of; (ii) knows has should avoided of case and not active application avoided of; (three) no due reason not participate in assessment standard activities of;
    (D) privately contacts bidders and interested person; (e) cannot be objectively and impartially perform their duties (vi) any other acts in violation of laws, rules and regulations.
    Be canceled bidding qualification of experts, will never be hired as a provincial evaluation experts, and not permitted to participate in the evaluation activities of the project subject to tender according to law. 23rd article assessment standard Committee members received bid people of property or other benefits, and to others revealed on bid file of review and compared, and bid candidates of recommended and and assessment standard about of other situation of, by about administrative competent sector give warning, confiscated received of property, can and at 3000 Yuan above 50000 Yuan following of fine, and canceled assessment standard Committee members of qualification, shall not again was hired for this province assessment standard experts, shall not again participate in this province law must for tender project of assessment standard activities; constitute crime of
    , Criminal responsibility shall be investigated according to law.
                                                                                24th article this way come into force on June 1, 2006.