Article one In order to strengthen the management of the comprehensive bid evaluation expert database and bid evaluation experts, realize the sharing of expert resources, ensure the fairness and justice of bid evaluation activities, and improve the quality of bid evaluation,Law of the People's Republic of China on Tendering and Bidding", "the People's Republic of China Law on the Implementation of the Regulations" and other laws and regulations, combined with the actual situation of this province, formulated these measures。

Article 2 The term "comprehensive bid evaluation expert database" as mentioned in these Measures refers to the cross-regional and cross-departmental expert database established by the provincial people's government according to law to provide services for the tendering and bidding activities of construction projects within the administrative area of the province。

Article 3 The establishment, use and management of the expert database for comprehensive bid evaluation should follow the principles of resource sharing, effective utilization, fairness and standardization。

Article 4 For construction projects within the administrative area of this province that are subject to tender according to law, the tenderee or its entrusted bidding agency shall randomly select bid evaluation experts from the comprehensive bid evaluation expert database。

Where there are other provisions on projects directly administered by relevant departments under The State Council, such provisions shall prevail。

Where the loan or aid funds of an international organization or foreign government are used for bidding, and the lender or fund provider has special provisions on the bid evaluation experts, its special provisions may apply。

Article 5 The provincial development and reform administrative department is responsible for the establishment and management of the expert pool for comprehensive bid evaluation。Provincial industry and information technology, land resources, housing urban and rural construction, transportation, water conservancy and other relevant administrative departments shall cooperate with the provincial development and reform administrative departments to do a good job in the establishment and management of the comprehensive bid evaluation expert database。

The relevant administrative departments of the people's governments at or above the county level shall, in accordance with the prescribed division of responsibilities, supervise the selection of bid evaluation committee members, the selection of bid evaluation experts and bid evaluation activities according to law。

Article 6 The bid evaluation expert specialty of the comprehensive bid evaluation expert database shall be classified and set in accordance with the unified national standards。

Article 7 The provincial administrative department for development and reform shall, together with the relevant administrative departments of other provinces, recruit the comprehensive bid evaluation expert pool to the public。

The bid evaluation experts can be applied in two ways: individual application and unit recommendation。Where recommended by the unit, the consent of the person recommended shall be obtained in advance。

Article VIII Bid evaluation experts shall meet the following conditions:

(1) Engaged in the relevant professional field of work for at least 8 years and have a senior title or equivalent professional level;

(2) Be familiar with the laws, regulations, rules and relevant provisions concerning bidding and tendering;

(3) Be able to perform their duties conscientiously, fairly, honestly and incorruptly;

(4) In good health, able to undertake bid evaluation work, age generally not more than 70 years old;

(5) Other conditions stipulated by laws, regulations and rules。

Those who have received criminal or administrative punishment for illegal acts in the tendering and bidding activities shall not be employed as bid evaluation experts。

The ninth article Bid evaluation experts should provide the following materials:

(1) valid documents to prove one's identity;

(2) academic certificate and professional qualification certificate;

(3) Personal information and work resume;

(4) A summary of personal research achievements or work achievements;

(5) If recommended by the unit, recommendation opinions shall be issued;

(6) Other materials related to the application。

Article ten The provincial administrative department for development and reform shall, together with the relevant administrative departments of other provinces, examine the qualifications of the applicants。

The applicant who passes the examination shall be issued by the provincial development and reform administrative department the recruitment certificate of the comprehensive bid evaluation expert database。The appointment period of bid evaluation experts is 3 years, and those who pass the evaluation can be renewed at the end of the appointment period。

Article 11 The provincial administrative department for development and reform shall use information network technology to establish a remote use and management system for the comprehensive bid evaluation expert database。

The relevant administrative departments of the province and the relevant administrative departments and units of the provincial cities, counties (cities, districts) may set up the network extraction terminal of the comprehensive bid evaluation expert database, and the established bid evaluation expert database shall be included in the comprehensive bid evaluation expert database。Specific administrative measures shall be formulated separately by the provincial administrative department for development and reform together with the relevant administrative departments of other provinces。

The experts in the bid evaluation expert database established by the relevant administrative departments of the province and the relevant administrative departments and units of the cities, counties (cities, districts) of the province shall be screened by the provincial development and reform administrative department in conjunction with the relevant administrative departments of other provinces in accordance with the conditions provided for in these Measures and incorporated into the management of the comprehensive bid evaluation expert database。

Article 12 The establishment of a network extraction terminal shall meet the following conditions:

(1) Having the hardware equipment and network environment required for the comprehensive bid evaluation expert database system;

(2) Having staff who have been trained and registered with the provincial development and reform administrative department;

(3) a relatively closed place for the selection of bid evaluation experts;

(4) There is a sound network extraction terminal management system。

Article 13 The network extraction terminal management unit and its staff shall perform the following duties:

(1) To provide random selection services of bid evaluation experts for bid inviter or bidding agency according to law;

(2) Strictly abide by the relevant confidentiality provisions;

(3) Timely submit to the provincial development and reform administrative departments the use of network extraction terminal and bid evaluation experts and other relevant information。

Article 14 Bid evaluation experts required for bidding projects shall be determined by random selection。The list of bid evaluation experts shall be kept confidential until the winning result is confirmed。

If the technology is complex and professional, there are less than 8 experts in the comprehensive bid evaluation expert database to meet the conditions, or the national or provincial people's government has special requirements for the project, and the experts determined by random selection are not competent, the administrative department with supervision responsibilities can directly determine the bid evaluation experts by the tenderer。

Article 15 The selection of bid evaluation experts shall be carried out under the supervision of relevant administrative departments in accordance with the following procedures:

(1) The bid inviter shall fill in the Registration Form for Selection of Bid Evaluation Experts;

(2) Random selection of bid evaluation experts within the prescribed time;

(3) The staff of the network extraction terminal, the tenderee or the staff of the bidding agency entrusted by it shall jointly sign to confirm the extraction results of the bid evaluation experts。

Article 16 Bid evaluation experts in any of the following circumstances, should take the initiative to apply for withdrawal, may not serve as a member of the bid evaluation committee:

(1) The close relatives of the bidder or the main person in charge of the bidder;

(2) Staff of the department in charge of the project or of the department in charge of administration responsible for the supervision of the project;

(3) Having an economic interest relationship with the bidder, which may affect the fair evaluation of the bid;

(4) Other circumstances provided for by laws, regulations and rules。

Article 17 Under any of the following circumstances, bid evaluation experts shall be selected:

(1) The selected bid evaluation experts need to be avoided under the circumstances specified in Article 16 of these measures;

(2) The selected bid evaluation experts cannot participate in bid evaluation activities。

Article 18 In the process of bid evaluation, if it is found that the bid evaluation expert is engaged in favoritism and malpractices, does not evaluate the bid in accordance with the provisions, violates the rules of avoidance, etc., the relevant administrative department shall terminate the bid evaluation activities of the bid evaluation expert and determine another bid evaluation expert to evaluate the bid in accordance with the provisions。

After the completion of the bid evaluation work, it was found that the bid evaluation experts had favoritism and malpractices, did not evaluate the bid according to the regulations, violated the rules of avoidance and other behaviors,But does not affect the bid evaluation results,Bid evaluation is valid;Affecting the bid evaluation results,The relevant administrative departments shall, in accordance with the provisions of laws, regulations and rules, determine that the bid evaluation is invalid,The bid inviter shall re-organize the bid evaluation。

Article 19 The provincial development and reform administrative department shall establish a bid evaluation expert file, record the basic information of bid evaluation experts, bid evaluation activities, bad records, illegal penalties, etc., and regularly check the bid evaluation expert files, and timely update the relevant records。

The provincial administrative department of development and reform shall establish and improve the evaluation and credit evaluation system of bid evaluation experts, replace or supplement the evaluation experts in a timely manner according to the actual needs and the assessment situation of the evaluation experts, and implement dynamic management of the evaluation experts。

Article 20 Bid evaluation experts enjoy the following rights:

(1) Accepting the invitation of the bid inviter or the bidding agency to serve as a member of the bid evaluation committee;

(2) to evaluate bids in accordance with the law, independently put forward evaluation opinions and recommend successful candidates, without interference from any unit or individual;

(3) accepting legal remuneration for labor services participating in bid evaluation activities;

(4) to lodge a complaint in accordance with law against the decision made by the relevant administrative department involving the relevant bid evaluation activities of the applicant;

(5) Other rights provided for by laws, regulations and rules。

Article 21 Bid evaluation experts shall perform the following obligations:

(1) Before the bid evaluation results are determined, the list of members of the bid evaluation committee and the bid evaluation project shall be kept confidential;

(2) evaluate bids objectively and impartially, sign the evaluation opinions and assume personal responsibility, and may not entrust others to evaluate bids;

(3) shall not privately contact the bidder and his agent or other people who have an interest in the bidding result, shall not accept property or other benefits from the bidder, intermediary or other interested parties, and shall not disclose the evaluation and comparison of the bidding documents and the recommendation of the successful candidate;

(4) To assist and cooperate with the supervision, inspection and investigation of the relevant administrative departments;

(5) Consciously participate in assessment;

(6) Other obligations stipulated by laws, regulations and rules。

Article 22 Bid evaluation experts have any of the following circumstances, shall terminate their bid evaluation expert qualifications:

(1) failing to pass the assessment;

(2) Those who are not suitable to serve as bid evaluation experts due to work transfer;

(3) Unable to perform bid evaluation due to physical health reasons;

(4) no longer serve as a bid evaluation expert upon application by the applicant;

(5) There are other circumstances that are not suitable to serve as bid evaluation experts。

Article 23 For acts violating these Measures, laws and regulations already provide for legal liability, such provisions shall prevail。

Article 24 If the provincial administrative department for development and reform, relevant administrative departments and their staff have any of the following acts, the directly responsible persons in charge and the directly responsible persons shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) failing to examine the bid evaluation experts in accordance with the provisions of these Measures, or making false records in the archives of bid evaluation experts;

(2) failing to establish management systems such as bid evaluation expert files, assessment and credit evaluation in accordance with the provisions of these Measures;

(3) Disclosing the list of bid evaluation experts in violation of the relevant confidentiality provisions;

(4) Illegally interfering with bid evaluation activities of bid evaluation experts;

(5) failing to deal with illegal acts that should be dealt with;

(6) other acts of abuse of power, neglect of duty, favoritism and malpractice。

Article 25 If the network extraction terminal management unit and its staff have any of the following acts, the provincial development and reform administrative department shall suspend or cancel the network extraction terminal qualification according to the circumstances;If serious consequences are caused, the persons directly in charge and other persons directly responsible shall be given sanctions according to law:

(1) Failure to select bid evaluation experts in accordance with the provisions of these Measures;

(2) Disclosing the results drawn by the bid evaluation experts in violation of the relevant confidentiality provisions;

(3) failing to timely submit to the provincial development and reform administrative departments the use of network extraction terminals and the extraction of bid evaluation experts and other relevant information。

Article 26 The tenderer and its entrusted bidding agency commit any of the following acts,The relevant administrative department shall order it to make corrections,The bid evaluation has been completed,The bid evaluation result is invalid,May be imposed a fine of not more than 30,000 yuan;The persons directly in charge and other persons directly responsible shall be given sanctions according to law;Causing losses to the bidder,Bear compensation liability according to law:

(1) failure to select bid evaluation experts from the comprehensive bid evaluation expert database in accordance with the provisions of these Measures;

(2) In violation of the provisions of the second paragraph of Article 14 of these Measures, without the confirmation of the relevant administrative departments, directly determine the bid evaluation experts;

(3) In violation of the procedures prescribed in these measures to select bid evaluation experts, the circumstances are serious。

Article 27 Bid evaluation experts who commit any of the following acts shall be ordered by the relevant administrative departments to make corrections;If the circumstances are serious, the provincial development and reform administrative department shall suspend or cancel the qualification of its comprehensive bid evaluation expert pool;If they are state workers, they shall be given sanctions according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(1) fraudulently obtaining the qualification of a bid evaluation expert with false materials;

(2) does not take the initiative to apply for withdrawal, knowing that there are circumstances that should be withdrawn;

(3) Not participating in bid evaluation activities without justifiable reasons;

(4) Disclosing the list of members of the bid evaluation committee and the bid evaluation project before the bid evaluation result is determined;

(5) Having private contact with bidders and their agents or other persons who have an interest in the bidding result, accepting money or other benefits from bidders, intermediaries or other interested persons, disclosing the evaluation and comparison of bidding documents and the recommendation of the successful candidate;

(6) unable to perform their duties objectively and impartially;

(7) entrusting others to take the place of bid evaluation;

(8) failing to assist or cooperate with the supervision, inspection and investigation work of the relevant administrative departments;(9) Other acts in violation of laws, rules and regulations。

Those who have been disqualified as bid evaluation experts shall not be re-employed as bid evaluation experts in this province, and shall not participate in bid evaluation activities of bid invitation projects in this province。

Article 28 These measures shall come into force as of May 1, 2015, and the Measures for the Administration of Henan Province Bid Evaluation Experts and Bid Evaluation Expert Database promulgated by Henan Provincial People's Government Order No. 99 on April 19,2006 shall be repealed simultaneously。