Ministry of Finance documents

Caiku (2016) No. 198

Notice of the Ministry of Finance on Issuing the "Administrative Measures for Government Procurement Review Experts"

 Caiku (2016) No. 198

Relevant departments of the Party Central Committee, various ministries commissions of the State Council, various agencies directly under the State Council, 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 High Court, the High Procuratorate, relevant people's organizations, the finance departments (bureaus) of all provinces, autonomous regions, municipalities directly under the Central Government, cities under separate state planning , The Procurement Center of the Organizations Directly Under the Central Committee of the Communist Party of China, the Government Procurement Center of the Central State Organs, the Procurement Center of the National People's Congress, the Central Procurement Center of the State Administration of Taxation, the Materials Equipment Procurement Center of the General Administration of Customs, the Central Procurement Center of the People's Bank of China, the Police Equipment Procurement Center of the Ministry of Public Security :

The "Administrative Measures for Government Procurement Review Experts" formulated by the Ministry of Finance are hereby printed distributed to you, please follow implement them.

Attachment: Measures for the Management of Government Procurement Review Experts

Ministry of Finance

November 18, 2016

annex

Measures for the Administration of Government Procurement Review Experts

Chapter 1 General Rules

Article 1 is to strengthen the management of government procurement review activities standardize the review behavior of government procurement review experts (hereinafter referred to as review experts), in accordance with the Government Procurement Law of the People’s Republic of China (hereinafter referred to as the “Government Procurement Law”) the “Government Procurement Law of the People’s Republic of China”. The Regulations on the Implementation of the Law (hereinafter referred to as the Regulations on the Implementation of the Government Procurement Law) other laws, regulations related provisions, formulate these measures.

Article 2 The review experts mentioned in these Measures refer to the personnel selected by the financial department of the people's government at above the provincial level to participate in the government procurement review in an independent capacity included in the management of the review expert database. These Measures shall apply to the selection, dismissal, extraction, use, supervision management of review experts.

Article 3 The evaluation experts shall implement the management principles of uniform standards, separation of functions random selection.

Article 4 The Ministry of Finance is responsible for formulating nationally unified professional classification standards for review experts standards for the construction of review expert pools, to build manage a national review expert pool.

The financial department of the provincial people's government is responsible for building a regional review expert database implementing dynamic management, interconnection resource sharing with the national review expert database.

The financial departments of the people's governments at all levels perform their duties of supervision management of review experts in accordance with the law.

Chapter II Selection Dismissal of Review Experts

Article 5 The financial department of the people's government at above the provincial level selects hires review experts through a combination of public solicitation, unit recommendation self-recommendation.

Article 6 Evaluation experts shall meet the following conditions:

(1) Possess good professional ethics, integrity self-discipline, abide by laws regulations, have no bad credit records such as bribery, acceptance fraud;

(2) Have an intermediate professional title equivalent professional level have been engaged in related fields for more than 8 years, have a senior professional title equivalent professional level;

(3) Familiar with relevant government procurement policies regulations;

(4) Chinese citizens who promise to participate in the review work in an independent capacity, perform the duties of review experts in accordance with the law, bear corresponding legal responsibilities;

(5) Under 70 years of age, in good health, able to undertake review work;

(6) There is no record of bad behavior as stipulated in Article 29 of these Measures within three years before applying to become an evaluation expert.

For professions with a small number of review experts, the conditions listed in items (2) (5) of the preceding paragraph can be appropriately relaxed.

Article 7 Persons who meet the conditions specified in Article 6 of these Measures voluntarily apply to become review experts (hereinafter referred to as applicants) shall provide the following application materials:

(1) Personal resume, application form undertaking signed by the person;

(2) Academic degree certificate, professional technical title certificate certification materials of equivalent professional level;

(3) A valid certificate to prove his identity;

(4) Information that I think I need to apply for recusal;

(5) Other materials required by the financial department of the people's government at above the provincial level.

Article 8 Applicants shall apply for the assessment major based on their own major expertise.

Article 9 The financial department of the people's government at above the provincial level shall review the application materials submitted by the applicants, the declared evaluation specialty credit information, the qualified candidates shall be selected as evaluation experts included in the management of the evaluation expert database.

Article 10 there is a change in the review expert’s work unit, contact information, professional technical title, information to be avoided, etc., it shall promptly apply to the relevant financial department of the people's government at above the provincial level to change the relevant information.

Article 11 an evaluation expert has one of the following circumstances, the financial department of the people's government at above the provincial level shall dismiss him:

(1) It does meet the conditions specified in Article 6 of these Measures;

(2) I apply for no longer serving as an evaluation expert;

(3) There is a record of bad behavior as prescribed in Article 29 of these Measures;

(4) Receive criminal punishment.

Chapter III Extraction Use of Review Experts

Article 12 The purchaser procurement agency shall randomly review experts the review expert database established by the financial department of the people's government at above the provincial level.

If the number of relevant experts in the evaluation expert database cannot be guaranteed for random selection, the purchaser procurement agency can recommend qualified personnel, who are selected hired after review then randomly selected for use.

Article 13 If it is difficult to determine a suitable review expert for a procurement project with complex technology strong professionalism through random methods, the purchaser can review experts in the corresponding professional field with the consent of the budget unit in charge.

If the evaluation experts are selected by themselves, the evaluation experts outside the unit shall be selected first.

Article 14 Except for items that are purchased through competitive negotiation, competitive negotiation, remote review, the purchaser procurement agency shall start the selection of review experts in principle no earlier than 2 working days before the start of the review activity.

Article 15 The purchaser procurement agency shall announce the review work discipline before the start of the review activity, archive the written document recording the review work discipline as the procurement document.

Article 16 an evaluation expert has one of the following interests with suppliers participating in procurement activities, they shall withdraw:

(1) In the three years prior to participating in the procurement activities, it has a labor relationship with the supplier, has served as a director supervisor of the supplier, is the supplier's controlling shareholder actual controller;

(2) It has a spouse, direct blood relative, collateral blood relative within three generations, close relationship with the legal representative person in charge of the supplier;

(3) other relationships with suppliers that may affect the fair just conduct of government procurement activities.

If the evaluation expert discovers that he has an interest relationship with the supplier participating in the procurement activity, he shall take the initiative to evade. the purchaser procurement agency discovers that the review expert has an interest relationship with the supplier participating in the procurement activity, it shall ask him to avoid it.

Except for the circumstances stipulated in Article 13 of these Measures, review experts can only participate in review activities as representatives of purchasers for government procurement projects of their own units.

The government procurement supervision management staff of the financial departments at all levels shall participate in the evaluation activities of government procurement projects as evaluation experts.

Article 17 If the number of experts on the evaluation site does meet the requirements due to the absence avoidance of evaluation experts, the purchaser procurement agency shall promptly additional evaluation experts, the purchaser’s budget unit agrees to supplementary evaluation experts. If the evaluation experts cannot be supplemented in time, the purchaser procurement agency shall immediately stop the evaluation work, properly keep the procurement documents, reorganize the bid evaluation committee, negotiation group, inquiry group, consultation group to conduct evaluation in accordance with the law.

Article 18 Evaluation experts shall strictly abide by the evaluation work discipline, conduct independent evaluation in accordance with the evaluation procedures, evaluation methods evaluation standards specified in the procurement documents in accordance with the principles of objectivity, fairness prudence.

When the review expert finds that the content of the procurement documents violates relevant national mandatory regulations the procurement documents have ambiguities major defects that make the review impossible, they shall stop the review explain the situation to the purchaser procurement agency in writing.

Evaluation experts shall cooperate in replying to suppliers’ inquiries, queries complaints, etc., shall disclose the evaluation documents, evaluation status business secrets learned during the evaluation process.

If the review expert discovers that the supplier has illegal acts such as bribery, providing false materials collusion, it shall promptly report to the financial department.

Evaluation experts who are illegally interfered in the evaluation process shall promptly report to the finance supervision departments.

Article 19 Evaluation experts shall sign the evaluation report assume legal responsibility for their own evaluation opinions. there is a dispute over matters that need to be jointly identified, a conclusion shall be made in accordance with the principle of the minority subordinate to the majority. If there is any objection to the review report, the dissenting opinion shall be signed on the review report the reasons shall be explained, otherwise it shall be deemed to agree with the review report.

Article 20 The list of review experts shall be kept confidential until the review results are announced. After the review activities are completed, the purchaser procurement agency shall announce the list of review experts along with the bid winning transaction results, mark the review experts selected by themselves.

The relevant staff of financial departments, purchasers procurement agencies at all levels shall disclose the personal information of review experts.

Article 21 The purchaser procurement agency shall record the performance of the review experts' duties in the government procurement credit evaluation system within 5 working days after the review activities are completed.

Evaluation experts can inquire about the record of the performance of their duties in the government procurement credit evaluation system, give an explanation on the relevant situation.

The financial department of the people's government at above the provincial level may set up a stepped extraction probability based on factors such as the performance of the review experts.

Article 22 Evaluation experts shall record the performance of the duties of the purchaser procurement agency in the government procurement credit evaluation system within 5 working days after the completion of the evaluation activity.

Article 23 For items in the centralized procurement catalog, the centralized procurement agency shall pay the review experts' labor remuneration; for the items outside the centralized procurement catalog, the purchaser shall pay the review experts' labor remuneration.

Article 24 The financial department of the provincial people's government shall, in accordance with the actual situation, formulate the labor remuneration standards for review experts in the region. The central budget unit pays the review expert's labor remuneration according to the standard of the location of the unit the location of the review activity.

Article 25 If the review expert participates in the remote review, the actual expenses incurred in the round-trip inter-city transportation, accommodation, etc., may be reimbursed to the purchaser centralized procurement agency according to the corresponding standards of the travel expense management method implemented by the purchaser.

Article 26 Evaluation experts who leave the evaluation site without completing the evaluation work, violate laws regulations in the evaluation activities, shall obtain labor remuneration reimbursement of travel expenses for the off-site evaluation. Personnel other than review experts shall obtain review labor remuneration.

Chapter IV Supervision Management of Review Experts

Article 27: review experts fail to conduct independent review in accordance with the review procedures, review methods, review standards specified in the procurement documents, leak review documents review conditions, the financial department shall give a warning impose a fine of less than 2,000 yuan but more than 20,000 yuan. ; A fine of less than 20,000 yuan but more than 50,000 yuan shall be imposed on those who affect the bid winning transaction results, they shall be prohibited participating in government procurement review activities.

If the review expert has an interest relationship with the supplier fails to evade, he shall be fined less than 20,000 yuan but more than 50,000 yuan prohibited participating in government procurement review activities.

If the review expert accepts bribes purchasers, procurement agencies, suppliers, obtains other illegitimate benefits, which constitutes a crime, he shall be investigated for criminal responsibility according to law; if it does constitute a crime, he shall be fined less than 20,000 yuan but more than 50,000 yuan, his participation shall be prohibited Government procurement review activities.

If the review expert commits the above-mentioned illegal acts, his review opinions shall be invalid; if there are illegal gains, the illegal gains shall be confiscated; if losses are caused to others, civil liabilities shall be borne according to law.

Article 28 If the purchaser procurement agency discovers that the review expert has violated laws regulations, it shall promptly report to the financial department at the same level of the purchaser.

Article 29 Applicants review experts who have the following circumstances shall be included in the record of bad behavior:

(1) Failing to conduct an independent review in accordance with the review procedures, review methods review standards specified in the procurement documents;

(2) Leaking review documents review status;

(3) It has an interest relationship with the supplier has avoided;

(4) Accepting bribes purchasers, procurement agencies, suppliers obtaining other improper benefits;

(5) Providing false application materials;

(6) Refusal to perform legal obligations such as cooperating in responding to supplier inquiries, queries, complaints;

(7) Engaging in activities that undermine the credibility of government procurement as an evaluation expert.

Article 30 a purchaser procurement agency fails to use review experts in accordance with the provisions of these Measures, it shall be investigated for legal responsibility in accordance with the "Government Procurement Law" relevant laws regulations.

Article 31: the staff of the financial department has abuse of power, neglect of duty, malpractice for personal gains other violations of laws disciplines in the management of review experts, they shall follow the Government Procurement Law, the Civil Service Law, the Administrative Supervision Law, the Implementation of the Government Procurement Law. Regulations other relevant national regulations shall be held accountable; if a crime is suspected, it shall be transferred to the judicial organs for handling.

Chapter 5 Attached Provisions

Article 32 The management of the representatives of the purchasers participating in the review activities the review experts selected by the purchasers in accordance with the law shall be implemented with reference to these Measures.

Article 33 If the state has other regulations on the selection selection of review experts, those regulations shall prevail.

Article 34 The financial departments of the people's governments at the provincial level may formulate specific implementation measures in accordance with the provisions of these Measures.

Article 35 The Ministry of Finance is responsible for the interpretation of these Measures.

Article 36 These Measures shall come into force on January 1, 2017. The "Administrative Measures for Government Procurement Review Experts" (Caiku [2003] No. 119) promulgated by the Ministry of Finance the Ministry of Supervision on November 17, 2003 shall be repealed simultaneously.