In order to strengthen the management of bid evaluation experts of waterway engineering, standardize the behavior of bid evaluation experts, improve the management of bid evaluation expert database, and ensure the fairness and justice of bid evaluation, our department has formulated the Measures for the Management of Bid Evaluation Experts and Expert Database of Waterway Engineering, which are hereby printed and distributed to you, please follow them.
Ministry of Communications of People's Republic of China (PRC) (Seal)
Press release issued on 6 July 2006
Article 1 In order to strengthen the management of bid evaluation experts, standardize the behavior of bid evaluation experts, improve the management of bid evaluation expert database, ensure the fairness and justice of bid evaluation, and safeguard the legitimate rights and interests of the parties involved in bidding activities, these Measures are formulated in accordance with the Bidding Law of People's Republic of China (PRC) and the actual situation of water transport projects.
Article 2 These Measures shall apply to the management activities such as qualification identification, warehousing, establishment and use of the expert database for bid evaluation of waterway engineering in People's Republic of China (PRC).
Article 3 The expert database for bid evaluation of waterway engineering (hereinafter referred to as the expert database) consists of experts with the qualifications as stipulated in these Measures. The expert database is established and managed by the Ministry of Communications.
Article 4 Experts selected into the expert database must meet the following basic conditions:
(1) Having good political quality and professional ethics, being able to handle affairs according to law, and safeguarding the national interests and the legitimate rights and interests of both tenderers and bidders;
(two) familiar with the laws, regulations and rules of the state and the Ministry of communications on bidding;
(3) Having worked in relevant professional fields for fifteen years, and having a senior technical title or equivalent professional technical level;
(four) to perform the duties of bid evaluation, abide by the discipline of bid evaluation, strictly keep secrets, and be honest and self-disciplined;
(five) generally under the age of 65, healthy, competent for bid evaluation.
Article 5 All professionals who meet the requirements specified in the preceding paragraph may apply to enter the expert database and obtain the qualification of bid evaluation experts after being examined and approved by the Ministry of Communications.
Sixth bid evaluation experts can be produced by their own application or unit recommendation. The application procedure is as follows:
(1) The applicant fills in the application materials;
(two) with the consent of the unit, reported to the provincial department in charge of transportation;
(three) the provincial department in charge of transportation shall report to the Ministry of Communications after examination and approval;
(four) all units directly under the Ministry shall report to the Ministry of Communications after approval by the unit; If the unit is a large state-owned enterprise managed by SASAC, it shall be reported to the Ministry of Communications after being audited by the unit;
(5) The Ministry of Communications will organize a review according to the application to determine whether the applicant has the qualification of bid evaluation expert in the expert database of the Ministry of Communications. Those who are qualified to enter the expert database of bid evaluation shall be awarded the qualification certificate of bid evaluation experts after the unified training organized by the Ministry of Communications and published in the form of documents.
Specific declaration matters will be notified separately by our department.
Seventh general bidding projects can be randomly selected to select bid evaluation experts; Special tender projects with complex technology can be directly designated to select bid evaluation experts after being reported to the competent department of transportation for approval according to the project management authority.
Article 8 The selection of bid evaluation experts shall be conducted according to the following procedures:
(a) the tenderer shall apply to the Ministry of Communications seven days in advance according to the bid evaluation arrangement;
(2) The Ministry of Communications will notify the tenderer two days in advance and provide the password, which will be randomly selected by the tenderer through the network;
(three) the tenderer shall determine the bid evaluation experts according to the extraction results, and feedback the list of experts who do not participate in the bid evaluation without reason to the Ministry of Communications, and indicate the reasons.
(4) The list of bid evaluation experts shall be kept confidential.
Article 9 The selection of bid evaluation experts shall implement the avoidance system. Bid evaluation experts who have interests with bidders and may affect fair bid evaluation shall not enter the bid evaluation committee.
Tenth experts unit should actively support the work of bid evaluation experts, give priority to participate in bid evaluation activities.
Eleventh the main rights of bid evaluation experts:
(1) Accepting the engagement of a tenderer or a tendering agency, joining the bid evaluation committee, serving as an expert in bid evaluation and participating in bid evaluation activities;
(two) independent evaluation of bidders' bidding documents, free from illegal interference and influence by any department, unit or individual;
(three) according to the unified arrangement of the bid evaluation committee, the bidder is required to clarify the problems existing in the bidding documents;
(four) the tenderer, the procuratorial agency or other members of the bid evaluation committee have illegal, illegal or unfair behavior, have the right to report to the transportation department, and refused to sign the bid evaluation report.
Article 12 The main obligations of bid evaluation experts are:
(a) strictly implement the relevant provisions of national laws, regulations, rules and bidding documents, and accept the supervision and management of the transportation department and the discipline inspection and supervision department;
(2) Evaluate the bidding documents objectively and fairly, abide by professional ethics, do not practice favoritism, and take personal responsibility for the evaluation opinions put forward;
(three) to abide by the confidentiality provisions and not to disclose any information related to bid evaluation;
(four) to participate in the training organized by the Ministry of communications.
Article 13 A tenderer shall bear the expenses of accommodation, transportation and other expenses of the bid evaluation experts during the bid evaluation, and pay the remuneration of the bid evaluation experts in accordance with the relevant provisions of the state.
Fourteenth bid evaluation experts in any of the following circumstances, the Ministry of communications will cancel the qualification of bid evaluation experts after verification:
(1) Being invited for three times within one year, but refusing to participate in bid evaluation activities;
(two) without justifiable reasons, promised to participate in but did not participate in the bid evaluation activities or withdraw from the bid evaluation activities;
(3) Contacting bidders privately during the bid evaluation;
(4) accepting property or other benefits from bidders;
(five) in violation of the confidentiality provisions, the disclosure of bid evaluation;
(six) there is unfair behavior in the bid evaluation, which damages the rights and interests of the tenderer or bidder;
(seven) failing to submit the bid evaluation report as required;
(eight) did not participate in the training for more than two times;
(nine) due to health and other reasons, can not be competent for the bid evaluation work;
(10) Having been subjected to administrative punishment or criminal punishment because of illegal acts in bidding, bid evaluation and other activities related to bidding.
Fifteenth the Ministry of communications to implement the training system of bid evaluation experts, in principle, organized once a year.
Sixteenth evaluation expert database to implement dynamic management. After the bid evaluation, the tenderee shall promptly report the opinions and evaluation of the bid evaluation experts to the Ministry of Communications (see Annex for the comprehensive evaluation table). The Ministry of Communications will evaluate the bid evaluation work of experts every year. Experts who fail to pass the bid evaluation shall be disqualified as bid evaluation experts. According to the needs of the work, qualified experts can join the expert database.
Article 17 The Ministry of Communications shall be responsible for the interpretation of these Measures.
Article 18 These Measures shall come into force as of June 1 day, 2007.