1. Can members of the bid evaluation committee come from the same unit?
A: According to the current government procurement laws and regulations, two experts from the same unit did not violate the relevant regulations. From a practical point of view, as long as it is judged that the bid evaluation experts "independently and responsibly put forward their bid evaluation opinions without any interference in the bid evaluation process", the bid evaluation qualifications and evaluation results of the bid evaluation experts will not be affected.
2. Does the bid evaluation committee have the obligation to verify the authenticity of the bid information during the bid evaluation?
The bid evaluation committee has no obligation to verify the authenticity of the bid information during bid evaluation, but has the right to require the bidder to make necessary clarifications or explanations on the ambiguous contents in the bid documents.
Paragraph 1 of Article 40 of the Bidding Law stipulates: "The bid evaluation committee shall evaluate and compare the bid documents according to the bid evaluation standards and methods determined in the bidding documents". Therefore, the bid evaluation committee should only objectively evaluate the requirements of the bidding documents and the response of the bidding documents. The bid evaluation committee has no responsibility and ability of judicial expertise, so it has no obligation to verify the authenticity of the bidding materials. However, if the tender documents stipulate that the bid evaluation committee reserves the right to verify the bidders' bidding documents, the bid evaluation committee may further verify the bidding information based on reasonable doubt, which is a right, not an obligation.
In addition, according to the provisions of Article 39 of the Bidding Law, the bid evaluation committee has the right to require bidders to make necessary clarifications or explanations on ambiguous contents in the bidding documents, but the clarifications or explanations shall not go beyond the scope of the bidding documents or change the substantive contents of the bidding documents.
After the bid evaluation, if other bidders object to the authenticity of the bid information of the successful candidate according to law, the tenderer may organize the original bid evaluation committee to further verify; If the bidder makes further complaints, the administrative supervision department may conduct investigation again after accepting the complaints.
3. What behaviors of members of the bid evaluation committee are illegal operations?
According to the provisions of Article 71 of the Regulations on the Implementation of the Bidding Law, if a member of the bid evaluation committee commits one of the following acts, the relevant administrative supervision department shall order him to make corrections; If the circumstances are serious, it is forbidden to participate in the bid evaluation of projects that must be subject to tender according to law within a certain period of time; If the circumstances are particularly serious, it shall be disqualified as a member of the bid evaluation committee:
(a) should be avoided but not avoided;
(2) AWOL;
(3) Failing to evaluate the bid according to the bid evaluation standards and methods stipulated in the tender documents;
(four) private contact with bidders;
(five) consult the tenderer to determine the intention of the winning bidder or accept the express or implied requirements of any unit or individual to favor or exclude a specific bidder;
(6) Failing to make comments on the bids that should be rejected according to law;
(7) Hinting or inducing bidders to make clarifications or explanations, or accepting clarifications or explanations from bidders;
(eight) other acts that are not objective and unfair in performing their duties.
The legal responsibilities of the above-mentioned members of the bid evaluation committee for illegal operation include:
One is to order it to correct. Members of the bid evaluation committee who commit the above-mentioned illegal acts shall promptly correct them to ensure the objectivity and fairness of bid evaluation.
Two, suspend and cancel the bid evaluation qualification. According to the seriousness of the above-mentioned illegal acts, the relevant administrative supervision departments will prohibit members of the bid evaluation committee from participating in the bid evaluation of projects that must be subject to tender according to law within a certain period of time until they are disqualified as members of the bid evaluation committee.
At the same time, according to Article 72 of the Regulations on the Implementation of the Bidding Law, if a member of the bid evaluation committee accepts property or other benefits from a bidder, the property received shall be confiscated, and a fine of more than 3,000 yuan and less than 50,000 yuan shall be imposed, and he shall be disqualified as a member of the bid evaluation committee, and shall not participate in the bid evaluation of projects that must be subject to tender according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. "
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