In government procurement, re-evaluation is relatively common, and it is often encountered for many procurers, bidding agents and suppliers. However, some people do not know much about re-evaluation. Let's take a look at what are the re-evaluations of government procurement and their legal basis!
First, what is re-evaluation?
Re-evaluation refers to the re-examination of their evaluation opinions by the members of the bid evaluation committee, the negotiation team, the consultative group and the inquiry team, and after the completion of the evaluation activities, the members of the original bid evaluation committee, negotiation team, consultation group and inquiry group re-examine their evaluation opinions.
II. What are the circumstances of the re-evaluation of government procurement?
The purchasing unit or agency can directly implement the re-evaluation situation:
1. The summary calculation of the score value is incorrect;
2. The sub-score exceeds the scope of the scoring standard;
3. The ratings of the objective evaluation factors by the members of the jury are inconsistent;
4. The score was determined by the jury to be abnormally high and low.
The purchasing unit or agency wants to reorganize the evaluation committee for review:
1. The composition of the jury is illegal;
2. In the evaluation of bids, due to special reasons such as the absence, avoidance or health of the members of the jury, there is a shortage of members of the jury, and it is impossible to make up for them in time;
3. The independent evaluation of bids by the jury and its members has been illegally interfered with;
4. The bid evaluation experts fail to conduct independent review in accordance with the review procedures, evaluation methods and evaluation standards specified in the bidding documents, or leak the evaluation documents and evaluation conditions;
5. The bid evaluation expert has an interest in the bidder and has not recused himself;
6. There are statutory prohibited acts in the jury and its members, such as private contact with bidders within the specified time, expressing tendentious opinions, and leaving their posts without authorization in the bid evaluation process to affect the normal progress of bid evaluation.
III. What are the legal bases for re-evaluation?
Article 67 of the Measures for the Administration of Tendering and Bidding for Government Procurement of Goods and Services No. 87 of The Ministry of Finance
If the bid evaluation committee or its members have the following circumstances that lead to the invalidity of the bid evaluation results, the procurer or procurement agency may re-establish the bid evaluation committee to evaluate the bids and report in writing to the financial department at the same level, except where the procurement contract has been performed:
(1) The composition of the bid evaluation committee does not conform to the provisions of these Measures;
(2) Where there are circumstances in items 1 to 5 of Article 62 of these Measures;
(3) The bid evaluation committee and its members have been illegally interfered with in the independent bid evaluation;
(4) There are illegal conduct provided for in Article 75 of the Implementing Regulations of the Government Procurement Law.
Members of the original bid evaluation committee who have violated laws and regulations shall not participate in the re-established bid evaluation committee.
Decree No. 74 of the Ministry of Finance entitled Article 21 of the Measures for the Administration of Non-tendered Procurement Methods for Government Procurement
Except for errors in the determination of qualifications and the calculation of prices, the procurer or the purchasing agency shall not organize a re-evaluation for any reason. Where the procurer or procurement agency discovers that the negotiation team or inquiry team has not conducted a review in accordance with the criteria for assessing the transaction specified in the procurement documents, it shall re-carry out the procurement activities and report in writing to the financial department at the same level at the same time.