According to the report, Zhou Guozhuang, a bid evaluation expert, took the initiative to disclose the bid evaluation location on WeChat group, which violated relevant regulations. Tanghe county Forestry Bureau decided to suspend Zhou Guozhuang's bid evaluation qualification for one year. Details are as follows:
10 On the morning of June 5438+04, the bid evaluation expert Zhou Guozhuang received the bid evaluation invitation of tanghe county project randomly issued by the provincial comprehensive bid evaluation expert database. Immediately, Zhou Guozhuang sent the word "Tanghe" in a large number of WeChat groups, voluntarily revealing the bid evaluation location. On the same day, I participated in the bid evaluation of "tanghe county National Reserve Forest Base 2020 Project Area Project (suburban paddy field camp, orchard and northern and southern slopes of Baishaomiao)". 10 June 16, the winning candidate of this project will be publicized. 10 year 10 20th, the project announced the winning result.
Regarding the project that Zhou Guozhuang participated in the bid evaluation, tanghe county Forestry Bureau conducted a comprehensive investigation on the process of expert selection, bid opening and bid evaluation by watching the monitoring video of the transaction site and asking the personnel involved. After investigation, Zhou Guozhuang admitted to leaking bid evaluation information in the WeChat group; The bid opening process of the project is carried out legally in accordance with the prescribed procedures, and there is no abnormality; There is no abnormality in the project bid evaluation process; The publicity of the winning candidate and the announcement of the winning result of the project were published in the legal media, and no relevant questions were received during the period.
Zhou Guozhuang's initiative to disclose the bid evaluation location belongs to the situation of "disclosing the list of members of the bid evaluation committee and the bid evaluation items before the bid evaluation results are determined" explicitly prohibited by Article 27 of the Measures for the Administration of Comprehensive Bid Evaluation Expert Database and Bid Evaluation Experts in Henan Province (OrderNo. 166 of Henan Provincial People's Government). Tanghe county Forestry Bureau decided to suspend Zhou Guozhuang's bid evaluation qualification for one year. After research, Zhou Guozhuang was granted the qualification to suspend bid evaluation 1 year, and the suspension time was 165438+20201October 26th -202 1 year,165438+1October.
I hope that all bid evaluation experts will take a warning, don't take any chances, and remember that the network is not illegal. At the same time, if it is found that other bid evaluation experts are suspected of leaking clues of bid evaluation information, they should keep evidence in time and report to the provincial public management office or other relevant departments to create a fair, open and honest trading environment for public resources.
On June/KOOC-0/65438+/KOOC-0/October/KOOC-0/7, 2020, five bid evaluation experts were publicized on the website. These five people colluded with each other to manipulate the bid evaluation. A project is * * * seven pieces, of which the five pieces of the first place of the winning candidate are all manipulated by five people. In the end, all five people violated the criminal law and were sentenced to fixed-term imprisonment ranging from 1 year to 1 year for six months, and suspended from 1 year to two years.
Dear bid evaluation experts:
Recently, Li Qiang, Zhao Yinlong, Qi, He Zhijun and five bid evaluation experts colluded with each other to manipulate the bid evaluation and committed the crime of accepting bribes by non-state staff, and were sentenced by Hebi Intermediate People's Court according to law. The relevant information is hereby notified as follows:
I. Criminal facts
From August 2, 2065438 to August 5, 2008, Li Qiang, Zhao Yinluan, Qi, He Zhijun and Wu Fuwen were randomly selected as experts in the provincial comprehensive bid evaluation library to participate in the bid evaluation activities of five small water conservancy projects in qibin district, Hebi City. Five people accepted high benefits from the trustee, colluded with each other, carved up blocks, * * * gave high marks to the trustee, and illegally manipulated the bid evaluation results. There are seven projects * * *, and the first place of the first five successful candidates is manipulated by five people * * *, which is extremely bad in nature.
After the final judgment of Hebi Intermediate People's Court, all five people violated the criminal law and were sentenced to fixed-term imprisonment ranging from 1 year to 1 year for six months, and suspended from 1 year to two years.
Second, warning reminders.
Li Qiang, Zhao Yinlong, Qi, He Zhijun, ignoring the law, intentionally committed crimes, and finally assumed legal responsibility. I want to remind you of several legal provisions that may be involved in this case:
(1) Warning about * * * related crimes.
Five people * * * conspired to manipulate the bid evaluation and obtain benefits, which had the subjective intention and behavior of accepting bribes from others. In the end, the court determined the amount of bribes not by the amount of benefits actually received by each person, but by the total amount of bribes received by five people.
(2) Warnings and reminders related to the crime of accepting bribes by non-state staff.
Five people took bribes of more than 60,000 yuan, which have violated the criminal law and were sentenced to fixed-term imprisonment of not more than five years or criminal detention.
(3) Warnings and reminders of crimes committed by public officials
Bribery is a deliberate crime. Once a public official intentionally commits a crime, no matter whether he is suspended or not, he will be expelled from public office.
Three. Related requirements
I hope that all bid evaluation experts will learn from the painful lessons of Li Qiang and others, take a warning, respect the law, abide by it, cherish freedom and honor, and never take chances and trample on the legal red line for petty profits, leaving a permanent stain on life. At the same time, I hope that all experts will strive to be righteous people. If they find that some experts are suspected of manipulating bid evaluation or some experts voluntarily disclose bid evaluation information in chat groups such as WeChat, they will report to the administrative supervision department or the public management office.
Please bid evaluation experts, in the future bid evaluation activities, earnestly, fairly and honestly perform their bid evaluation duties, and jointly safeguard the bid evaluation environment of public resources transactions in our province.
Attachment: Articles of laws and regulations involved in early warning and reminding
2020 165438+ 10/7
Laws and regulations involved in early warning and reminder
1. Article 25 of the Criminal Law: * * Joint crime refers to intentional crime committed by two or more persons. If two or more people commit a negligent crime, they shall not be punished as negligent crimes; Those who should bear criminal responsibility should be punished according to the crimes they committed.
2. Article 163 of the Criminal Law: Any employee of a company, enterprise or other unit who, by taking advantage of his position, extorts or illegally accepts other people's property and seeks benefits for others, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than five years and may also have his property confiscated.
3. Article 6 of the Opinions of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Commercial Bribery: Members of a lawfully formed bid evaluation committee, a negotiation team in competitive negotiation and procurement, and an inquiry team in inquiry procurement ask for or illegally accept other people's property in bid evaluation or procurement activities such as bidding and government procurement, and seek benefits for others. If the amount is relatively large, non-state personnel shall be convicted and punished for accepting bribes in accordance with the provisions of Article 163 of the Criminal Law.
4. Article 14 of the Law of People's Republic of China (PRC) on Administrative Punishment of Public Officials: A public official who commits a crime shall be dismissed under any of the following circumstances: (1) He is sentenced to public surveillance, criminal detention or fixed-term imprisonment (including probation) for intentional crime.
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