Key words: review expert;Review discipline;Review site

Case replay

The procurement project of a stone bridge construction project adopts the competitive negotiation procurement method with a budget of 376.41096万元。March 31, 2020 is the end time of submission of supplier response documents and the opening time of response documents。After the end of the procurement activity, the local financial department found in the supervision and inspection that one agent A operated the computer in the bid evaluation room throughout the process, and another person frequently entered and left the bid evaluation room。Procurement agency A explained, "Due to the age of the review experts, we discussed with our company before the review and sent a staff member to assist in the operation of the computer.Did not participate in the discussion of the document;The entry of another staff member into the bid evaluation room is to assist the expert in resolving some issues encountered during the evaluation process."。A review of video recordings by the finance ministry found that not all experts were too old;After reviewing the review report, we can see that except for one page of the consultation report which is printed electronically, the information in the other review reports is filled in manually by experts。

Problem elicitation

If the evaluation expert is older, can the purchasing agency arrange personnel to enter the bid evaluation room to help input the evaluation report？

Expert review

Tianjin government procurement center bid evaluation Department Minister Wang Yongfeng believes，The Notice of the Ministry of Finance on Issues related to Further standardizing the Review of Government Procurement (Treasury [2012] No. 69) has been clearly stipulated，The purchaser and the procurement agency shall strengthen the management of the review site, and personnel unrelated to the review work shall not enter the review site。The financial departments at all levels shall seriously deal with the violations of the discipline and requirements of the review by the relevant parties in accordance with the law。In this case, it is illegal for the procurement agency to send someone into the bid evaluation room to help input the evaluation report on the grounds that the evaluation expert is old。

Wang Yongfeng also stressed that review experts can not make similar requirements on the grounds of old age, because the "Management Measures for government procurement review experts" (Finance [2016]198) clearly stipulates that review experts should be under 70 years old, healthy and able to undertake review work。因此，Having the physical health condition of "able to undertake the review work" is the basic condition that the review experts should have，The evaluation expert is indeed unable to perform the evaluation work due to physical reasons，The purchaser or the purchasing agency shall, in a timely manner, fill in the evaluation experts,Or, with the consent of the purchaser's competent budget unit, select a supplementary evaluation expert on its own。If the evaluation experts cannot be replenished in time, the purchaser or the procurement agency shall immediately stop the evaluation work, properly keep the procurement documents, and re-establish the bid evaluation committee, the negotiation group, the inquiry group, and the consultation group to conduct the evaluation according to law。Wang Yongfeng reminds，If, as stated by the procurement agency in this case, someone is sent to the bid evaluation room to help the review experts input the review report，This person is bound to contact and communicate with the review experts，It is difficult to avoid its influence on the independent review of expert reviewers，In addition, it helps to input review reports，There may also be intentional modification or error resulting in inputting error responsibility can not be identified。Therefore, it is not possible to send someone into the bid evaluation room to help the evaluation experts input the evaluation report on the grounds that the evaluation experts are old。

Regulation link

Measures for the Management of Government Procurement Review Experts (Finance [2016] No. 198)

Article 6 Evaluation experts shall meet the following conditions :(5) under the age of 70, healthy and able to undertake evaluation work;

Article 17 Where the number of experts on the evaluation site does not meet the requirements due to the absence or avoidance of experts, the purchaser or the procurement agency shall make up for the selection of experts in a timely manner, or, with the consent of the purchaser's competent budget unit, select the make-up experts on its own。If the evaluation experts cannot be replenished in time, the purchaser or the procurement agency shall immediately stop the evaluation work, properly keep the procurement documents, and re-establish the bid evaluation committee, the negotiation group, the inquiry group, and the consultation group to conduct the evaluation according to law。

Notice of the Ministry of Finance on Further Standardizing the Review of Government Procurement (2012) No. 69)

The purchaser and the procurement agency shall strengthen the management of the review site, and personnel unrelated to the review work shall not enter the review site。The financial departments at all levels shall seriously deal with the violations of the discipline and requirements of the review by the relevant parties in accordance with the law。

Source: Government Procurement Information Network