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In order to strengthen the management of government procurement review experts and ensure the fairness and fairness of government procurement, according to the "People's Republic of China Government Procurement Law" and the General Office of the State Council, the spirit of the "Notice of the Ministry of Finance on Comprehensively Promoting the Reform of the Government Procurement System" Ban Fa [2003] No. 74), the Ministry of Finance and the Ministry of Supervision formulated the Administrative Measures for Government Procurement Review Experts.

Administrative Measures for Government Procurement Review Experts

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In order to strengthen the management of government procurement review experts and ensure the fairness and fairness of government procurement, according to the "

The first 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 "People's Republic of China Government Procurement Law" (hereinafter referred to as "Government Procurement Law"), Law Implementation Regulations (hereinafter referred to as the "Government Procurement Law Implementation Regulations") and other laws and regulations and related provisions, formulated these measures.

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

Article 3 The review experts implement the management principles of uniform standards, separation of usefulness, and random selection.

Article 4 The Ministry of Finance is responsible for formulating a unified national professional classification standard for reviewing experts and the standards for building a reviewing expert database, and building and managing a national reviewing expert database.

The financial department of the provincial people's government is responsible for the construction and dynamic management of the assessment expert database in the region, and interconnection and resource sharing with the national assessment expert database.

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

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

Article 6 The review experts shall meet the following requirements:

(1) Have good professional ethics, be honest and self-disciplined, abide by laws and disciplines, and have no bad credit records such as bribery, bribery and fraud;

(2) Have intermediate professional and technical titles or equivalent professional level and have worked in related fields for 8 years, or have advanced professional and technical titles or equivalent professional level;

(3) Familiar with government procurement related policies and regulations;

(4) Chinese citizens who commit to participate in the review work in an independent capacity, perform their duties as review experts in accordance with the law, and assume corresponding legal responsibilities;

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

(6) Within three years before applying to become an assessment expert, there is no record of bad behaviors prescribed in Article 29 of these Measures.

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

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

(1) Personal resume, application and commitment signed by me;

(2) Certificates of academic degrees, professional and technical titles, or certification materials of equivalent professional level;

(3) valid documents to prove his identity;

(4) the information that I think I need to apply for withdrawal;

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

Article 8 Applicants shall apply for an assessment profession based on their profession or expertise.

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 applied professional review and credit information, and qualified candidates shall be selected as review experts and incorporated into the management of the review expert database.

Article 10 If there is any change in the working units, contact information, professional and technical titles, information to be avoided, etc. of the appraisal experts, they shall apply to the relevant financial department of the people's government at or above the provincial level to change the relevant information in a timely manner.

Article 11: In any of the following cases, the appraisal expert shall be dismissed by the financial department of the people's government at or above the provincial level:

(1) It does not meet the conditions stipulated in Article 6 of these Measures;

(2) I have applied for no longer serving as a review expert;

(3) Records of bad behaviors prescribed in Article 29 of these Measures;

(4) Criminal penalties.

Article 12 The purchaser or procurement agency shall randomly select review experts from a review 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 review expert database cannot guarantee the need for random selection, the purchaser or purchasing agency may recommend qualified personnel to be selected and used randomly after review and selection.

Article 13 If it is difficult to determine a suitable review expert through a random method for a technically complex and professional procurement project, the purchaser may select the review expert in the corresponding professional field on his own with the consent of the competent budget unit.

In the case of self-selected review experts, priority should be given to review experts other than their own units.

Article 14 Except for projects that are purchased through competitive negotiation, competitive negotiation, and off-site review, the start time for the purchaser or procurement agency to select review experts shall not be earlier than 2 working days before the start of the review activity.

Article 15 The purchaser or the procurement agency shall announce the discipline of the review before the review activities are started, and shall keep the written documents recording the discipline of the review as the procurement documents.

Article 16 An assessment expert who has one of the following interests with suppliers participating in procurement activities shall avoid it:

(1) within three years before participating in procurement activities, had a labor relationship with the supplier, or had served as a director or supervisor of the supplier, or was the controlling shareholder or actual controller of the supplier;

(2) He has a husband, wife, immediate blood relative, close blood relative within three generations, or close marriage with the legal representative or person in charge of the supplier;

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

If the review expert finds that he has an interest relationship with the supplier participating in the procurement activity, he shall take the initiative to avoid it. If the purchaser or the procurement agency finds that the review expert has an interested relationship with the supplier participating in the procurement activity, it shall require it to evade.

Except in the circumstances specified in Article 13 of these Measures, review experts can only participate in review activities as the purchaser's representative for government procurement projects of the unit.

Government procurement supervision and management staff at all levels of finance departments shall not participate in the review activities of government procurement projects as review experts.

Article 17 In the absence of review experts, avoidance, etc., resulting in the number of review site experts not complying with the regulations, the purchaser or procurement agency shall promptly recruit review experts, or select the top-up review experts themselves with the consent of the purchaser s competent budget unit. If it is not possible to fill up the evaluation experts in a timely manner, the purchaser or the procurement agency shall immediately stop the evaluation work, properly save the procurement documents, and re-establish the bid evaluation committee, negotiation group, inquiry group, and consultation group for evaluation.

Article 18 The review experts shall strictly observe the review work discipline and conduct independent review in accordance with the objective, fair and prudent principles and in accordance with the review procedures, review methods and review standards stipulated in the procurement documents.

When the review expert finds that the content of the procurement documents violates the relevant national compulsory regulations or there are ambiguities or major defects in the procurement documents that make the review impossible, the review should stop the review and explain the situation to the purchaser or procurement agency in writing.

The review experts shall cooperate in responding to the supplier's inquiries, queries and complaints, and shall not disclose the review documents, review status and business secrets learned during the review process.

If the review expert finds that the supplier has committed illegal acts such as bribery, provision of false materials or collusion, he shall report to the financial department in a timely manner.

If the reviewing experts are illegally interfered in the review process, they shall report to the finance and supervision departments in a timely manner.

Article 19 The review experts shall sign the review report and bear legal responsibility for their review opinions. If there is a dispute over a matter that needs to be jointly identified, the conclusion shall be made in accordance with the principle that the minority submits to the majority. If there is any objection to the review report, they shall sign different opinions on the review report and explain the reasons, otherwise they shall be deemed to agree with the review report.

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

Relevant staff of financial departments at all levels, purchasers and procurement agencies shall not disclose the personal information of review experts.

Article 21 The purchaser or procurement agency shall record the performance of the duties of the review expert in the government procurement credit evaluation system within 5 working days after the review activity.

Evaluation experts can query their performance records in the government procurement credit evaluation system and make explanations on the relevant situation.

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

Article 22 The review expert shall record the performance of the duties of the purchaser or the procurement agency in the government procurement credit evaluation system within 5 working days after the review activity.

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

Article 24 The financial department of the people's government at the provincial level shall, in accordance with the actual situation, formulate the labor remuneration standards for the regional experts. The central budget unit shall pay the review expert labor remuneration with reference to the standards of the location of the unit or the location of the review activity.

Article 25 If an appraisal expert participates in a remote appraisal, the actual expenses incurred such as round-trip intercity transportation and accommodation expenses may be reimbursed to the purchaser or the centralized procurement agency with reference to the corresponding standards of the travel expense management measures implemented by the purchaser.

Article 26. Appraisal experts who leave the review site without completing the review work or who have violated laws and regulations during the review activities shall not receive labor remuneration and reimbursement of travel expenses for remote review. No one other than the review expert may receive compensation for review labor.

Article 27 If the review expert fails to conduct an independent review or leaks the review documents and review conditions in accordance with the review procedures, review methods and review standards specified in the procurement documents, the financial department will issue a warning and impose a fine of 2,000 yuan to 20,000 yuan ; Affected by the winning bid and the transaction result, a fine of 20,000 yuan up to 50,000 yuan shall be imposed, and it is forbidden to participate in government procurement review activities.

If there is an interest relationship between the review expert and the supplier who has not avoided, he shall be fined from 20,000 yuan to 50,000 yuan and prohibited from participating in government procurement review activities.

The review experts who accept bribes from purchasers, procurement agencies, suppliers or obtain other improper benefits constitute criminal offences shall be investigated for criminal responsibility according to law; if they have not constituted a crime, they shall be fined 20,000 to 50,000 yuan and prohibited from participating Government procurement review activities.

If the appraisal expert has any of the above-mentioned illegal acts, his appraisal opinion is invalid; if there is any illegal income, the illegal income shall be confiscated; if he causes losses to others, he shall bear civil liability according to law.

Article 28 If the purchaser or procurement agency finds that the review expert has violated the law or regulations, he shall report to the financial department at the same level of the purchaser in a timely manner.

Article 29 The applicant or review expert shall be included in the record of bad behavior if:

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

(2) leakage of review documents and reviews;

(3) Failing to avoid having an interest relationship with the supplier;

(4) Accepting bribes from purchasers, purchasing agents, and suppliers or obtaining other improper benefits;

(5) providing false application materials;

(6) Refusal to perform its legal obligations such as responding to inquiries, queries and complaints from suppliers;

(7) Engage in activities that undermine the credibility of government procurement as a review expert.

Article 30 If a purchaser or a procurement agency fails to select and use review experts in accordance with these Measures, it shall be held legally responsible in accordance with the Government Procurement Law and relevant laws and regulations.

Article 31 If the staff of the financial department commits any illegal or disciplinary actions such as abuse of authority, neglect of duty, or malpractice for personal gain in the management of review experts, they shall be implemented in accordance with the Government Procurement Law, the Civil Service Law, the Administrative Supervision Law, and the Government Procurement Law. The relevant regulations of the State and other countries shall be investigated for corresponding responsibilities; if a crime is suspected, it shall be transferred to the judicial organ for handling.

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

Article 33 If the State has other regulations on the selection and selection of review experts, such regulations shall prevail.

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

Article 35 The interpretation of these measures is the responsibility of the Ministry of Finance.

Article 36 These Measures shall be implemented as of January 1, 2017. The "Administrative Measures for the Evaluation of Government Procurement Experts" (Caiku [2003] No. 119) issued by the Ministry of Finance and the Ministry of Supervision on November 17, 2003 shall be repealed simultaneously.

In order to strengthen the management of government procurement review activities and standardize the behavior of government procurement review experts, the Ministry of Finance has revised the "Administrative Measures for Government Procurement Review Experts" (Caiku [2003] No. 119, hereinafter referred to as the "Measures") issued in 2003. , Formulated and issued a new "Administrative Measures for the Evaluation of Government Procurement Experts" (Cai Ku [2016] No. 198, hereinafter referred to as the "Measures"). recently,

From January 1, 2017, the newly revised "Administrative Measures for Government Procurement Review Experts" will be officially implemented. Focusing on relevant hot issues, relevant persons in charge of the Ministry of Finance were interviewed by reporters on the 8th for detailed explanations of new measures.

After 13 years, the new rules are revised

The revised Administrative Measures for Government Procurement Review Experts was revised in 2003 by the Ministry of Finance and the Ministry of Supervision. According to the relevant person in charge of the Ministry of Finance, the reason for the revision is that with the development of practice, some provisions of the original Measures have not adapted to management requirements.

The person in charge emphasized that, on the one hand, in order to implement the requirements for the management of review experts in the Implementation Regulations of the Government Procurement Law, it is necessary to further establish and improve the review, entry, use, and exit mechanism of review experts, clarify the discipline and requirements for review, and avoidance of experts, Experts' dispute resolution of review reports, expert list confidentiality and announcement requirements, expert performance records, expert database dynamic management, etc.

On the other hand, it aims to solve the problems reflected in practice, adapt to the changes in the government procurement management environment, and formulate comprehensive measures against the inequality of experts' powers and responsibilities, the shortage of experts, and the lack of expertise and unfairness of a few experts.

According to reports, this revision mainly regulates the selection and dismissal of experts, selection and dismissal, use and supervision and management of the review experts, mainly in six areas, adjusting the scope of the Measures, strict qualifications for experts, establishing an expert withdrawal mechanism, detailed Randomized rules for random selection, increased supervision of review experts, and clarification of the subjects and standards for payment of expert labor remuneration.

Four new rules ensure fair and independent review by experts

No bad credit records such as bribery, bribery, fraud, etc .; have intermediate professional technical title or equivalent professional level and have worked in related fields for 8 years, or have advanced professional technical title or equivalent professional level; familiar with government procurement related policies and regulations ... new measures Clarified the conditions that review experts should have.

According to the relevant person in charge of the Ministry of Finance, in order to ensure the impartial and independent review of experts, the new method has made specific provisions:

The purchaser or procurement agency shall randomly select review experts from the review expert database. If the review experts are not selected and used in accordance with the regulations, they shall be investigated for legal responsibility in accordance with the Government Procurement Law and relevant laws and regulations.

When review experts are required to find that the procurement documents violate relevant national mandatory regulations or there are ambiguities or major deficiencies that make review work impossible, they should stop reviewing and explain the situation in writing; review experts should report violations of suppliers to the financial department in a timely manner. ; Those who have been illegally interfered in the review process shall report to the finance and supervision departments in a timely manner.

The list of review experts shall be kept secret until the review results are announced, and the relevant staff of financial departments at all levels, purchasers and procurement agencies shall not disclose the personal information of the review experts.

Evaluation experts can inquire about their performance records in the government procurement credit evaluation system, explain the relevant situation, and record the performance of the duties of the purchaser or procurement agency.

Expert malpractice will be severely punished according to law

The review expert has bad behavior, how to supervise punishment, the new method provides:

If the review experts fail to conduct independent review or leak the review documents and review conditions in accordance with the review procedures, review methods and review standards stipulated in the procurement documents, the financial department will issue a warning and impose a fine of 2,000 yuan to 20,000 yuan; If the transaction is concluded, a fine of 20,000 to 50,000 yuan shall be imposed, and it shall be prohibited to participate in government procurement review activities.

Evaluation experts and suppliers who do not evade their interests shall be fined 20,000 to 50,000 yuan and prohibited from participating in government procurement review activities.

Evaluation experts who accept bribes from purchasers, procurement agencies, suppliers or obtain other improper benefits and constitute a crime shall be investigated for criminal responsibility according to law; if they have not constituted a crime, they shall be fined 20,000 to 50,000 yuan and prohibited. It participates in government procurement review activities.

A person in charge of the Ministry of Finance said that in order to ensure the fairness and fairness of procurement activities, the new method proposed four measures to strengthen the management of review experts:

The first is that the purchaser and the procurement agency use the government procurement credit evaluation system to record the performance of the duties of review experts.

Second, experts who provided false application materials, refused to cooperate with suppliers to answer queries, complaints, and engage in activities that undermined the credibility of government procurement as review experts were included in the records of bad behavior.

The third is to link the expert's bad behavior records with the employment and dismissal of experts.

The fourth is to clarify the reporting obligations of purchasers and procurement agencies for reviewing experts 'violations of laws and regulations, and reiterated the Regulations on the Implementation of the Government Procurement Law for punishment and accountability of experts' violations.

The person in charge stated that in the next step, the Ministry of Finance will study and formulate a unified national professional classification standard for review experts and the standards for review expert database construction, build a national review expert database and a central government-level government procurement credit evaluation system, and promote national resources for review experts. shared. The local financial department shall formulate the labor remuneration standards of the assessment experts in the region as soon as possible, and improve the regional assessment expert database in accordance with the unified national standards, interconnect with the national assessment expert database, and share resources. ^[2]