Can the owner's representative who enters the bid evaluation committee be the owner's own unit?

The owner's representative who enters the bid evaluation committee may not be the owner's own unit.

With reference to Article 12 of the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods, no one may serve as a member of the bid evaluation committee under any of the following circumstances:

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

(two) the personnel of the competent department of the project or the administrative supervision department;

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

(4) Having been subjected to administrative punishment or criminal punishment for illegal acts in bidding, bid evaluation and other activities related to bidding.

Members of the bid evaluation committee shall voluntarily withdraw from any of the circumstances specified in the preceding paragraph.

Extended data

Referring to Article 8 of the Interim Provisions on Bid Evaluation Committees and Methods, the bid evaluation committee shall be established by the tenderer. The list of members of the bid evaluation committee shall generally be determined before the bid opening. The list of members of the bid evaluation committee shall be kept confidential until the bid winning result is determined.

Referring to Article 9 of the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods, the bid evaluation committee is composed of representatives familiar with related businesses and experts in related technologies and economics from the tenderee or its entrusted bidding agency, with an odd number of more than five members, of which the experts in technology and economics shall not be less than two thirds of the total number of members. If there is a person in charge of the bid evaluation committee, the person in charge of the bid evaluation committee shall be elected by the members of the bid evaluation committee or determined by the tenderer. The person in charge of the bid evaluation committee enjoys the same voting rights as other members of the bid evaluation committee.

Referring to Article 10 of the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods, the expert members of the bid evaluation committee shall be determined from the list of experts provided by the relevant departments of the people's governments at or above the provincial level or the list of relevant experts in the expert database of the bidding agency.

According to the provisions of the preceding paragraph, bid evaluation experts can be randomly selected or directly selected. General items can be randomly selected; For a project subject to tender with particularly complex technology, high professional requirements or special requirements of the state, if the experts randomly selected are incompetent, they can be directly determined by the tenderer.

Referring to Article 11 of the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods, bid evaluation experts shall meet the following conditions:

(1) Having worked in relevant professional fields for eight years, and having a senior professional title or equivalent professional level;

(two) familiar with the laws and regulations related to bidding, and have practical experience related to bidding projects;

(3) Being able to perform their duties conscientiously, fairly and honestly.

Referring to Article 13 of the Interim Provisions on Bid Evaluation Committees and Methods, members of a bid evaluation committee shall perform their duties objectively and fairly, abide by professional ethics and take personal responsibility for the evaluation opinions put forward. Members of the bid evaluation committee shall not have private contact with any bidder or any person who has an interest in the bidding results, and shall not accept property or other benefits from bidders, intermediaries or other interested parties.

With reference to Article 14 of the Interim Provisions on the Bid Evaluation Committee and Bid Evaluation Methods, members of the bid evaluation committee and staff related to bid evaluation activities shall not disclose the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation. The staff related to bid evaluation mentioned in the preceding paragraph refers to all staff except members of the bid evaluation committee who are aware of the bid evaluation due to their participation in bid evaluation supervision or daily work.

Referring to Article 14 of the Interim Measures for the Administration of Bid Evaluation Experts and Expert Database, bid evaluation experts have the following obligations:

(1) Under any of the circumstances stipulated in Article 37 of the Bidding Law and Article 12 of the Interim Provisions on the Evaluation Committee and Evaluation Methods, the applicant shall voluntarily withdraw;

(2) Abide by the discipline of bid evaluation, do not contact bidders privately, do not accept property or other benefits from others, and do not disclose the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation;

(3) conducting bid evaluation objectively and fairly;

(four) to assist and cooperate with the supervision and inspection of the relevant administrative supervision departments;

(5) Other obligations stipulated by laws and administrative regulations.

With reference to Article 15 of the Interim Measures for the Administration of Bid Evaluation Experts and Expert Database, the relevant administrative supervision departments shall give a warning to bid evaluation experts in any of the following circumstances; If the circumstances are serious, the government department or bidding agency that established the expert database of bid evaluation shall cancel its qualification as an expert of bid evaluation and make an announcement:

(a) Private contact with bidders;

(2) Accepting property or other benefits from interested parties;

(three) to disclose to others the evaluation and comparison of bid documents, the recommendation of successful candidates and other information related to bid evaluation;

(four) unable to perform their duties objectively and fairly;

(5) refusing to participate in bid evaluation activities without justifiable reasons.

Referring to Article 39 of the Bidding Law of People's Republic of China (PRC), the bid evaluation committee may 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.

Referring to Article 40 of the Bidding Law of People's Republic of China (PRC), the bid evaluation committee shall evaluate and compare the bidding documents according to the evaluation criteria and methods determined in the bidding documents. If there is a pre-tender estimate, it shall be referred to. After completing the bid evaluation, the bid evaluation committee shall submit a written bid evaluation report to the tenderer and recommend qualified candidates for winning the bid. The tenderer shall determine the winning bidder according to the written bid evaluation report put forward by the bid evaluation committee and the recommended candidate winning bidders. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder. The State Council has special provisions on the bid evaluation of a specific project subject to tender, and such provisions shall prevail.

Shaoxing public * * * resource trading network-Interim Provisions on bid evaluation committee and bid evaluation method

Kunshan Housing and Urban-Rural Development Bureau-Interim Measures for the Administration of Bid Evaluation Experts and Expert Database

Xinjiang Uygur Autonomous Region Prison Administration-People's Republic of China (PRC) Bidding Law