Research On The Legal Liability Of Bid Evaluation Experts In Construction Projects

The bid evaluation work of construction project bid evaluation experts directly affects the final bid evaluation results.Objective,fair and just bid evaluation can ensure the realization of the purpose of selecting the best in bidding and procurement.However,in the bidding practice,many bid evaluation experts in the bid evaluation activities,there are violations of professional ethics,laws and regulations irregularities,which has a negative impaction the bidding work.Therefore,it is of great significance to study the legal responsibility of bid evaluation experts in construction projects,and then put forward relevant countermeasures and suggestions to restrain the behavior of bid evaluation experts and standardize the bid evaluation activities.This paper firstly analyzes the requirements of the bid evaluation committee and the bid evaluation experts,discusses the nature of the legal relationship between the bid evaluation experts and the tenderer,and combs and explains the legal rights and obligations of the bid evaluation experts in construction projects.Secondly,the author summarizes and summarizes the specific illegal and illegal acts of the bid evaluation experts;in practice,including unfair marking,independent evaluation,failure to evaluate bids in accordance with the bid evaluation criteria stipulated in the bidding documents,and accepting bribes from bidders.This paper analyzes the reasons for thein legal behavior,including the lack of incentive mechanism for bid evaluation,thein adequate system of continuing education for bid evaluation experts,and the poor organization and discipline of bid evaluation experts.The possible consequences of illegal acts are discussed,such as affecting the smooth start of construction,causing commercial losses to bidders and causing losses to tenderers and the State.Then,the legal theories of civil legal liability,administrative legal liability and criminal legal liability of bid evaluation experts are analyzed.This paper expounds the constitutive elements of civil liability,administrative liability,criminal liability,the way of taking responsibility and the existing problems in the implementation of liability.Through analysis,it is found that there is no clear system of individual civil liability investigation for bid evaluation experts,no strict administrative supervision and enforcement of laws by bid evaluation experts,no effective execution of clearing out the storage of bid evaluation experts,no administrative supervision means in the bid evaluation process,hidden and difficult to detect the bribery of bid evaluation experts,and it is very difficult for bid evaluation departments to investigate cases of bribery.Finally,some suggestions are put forward to improve the legal liability system of bide valuation experts in construction projects,including improving the conditions for the appointment of bid evaluation experts,strengthening the continuing education and knowledge updating training of bid evaluation experts,improving the file management of bid evaluation experts and strengthening the management of the clearance of bid evaluation experts.The suggestions of law enforcement include exploring methods of civil liability investigation of bid evaluation experts,establishing investigation and handling mechanism of the administrative supervision department of bid invitation and the judicial department,and strengthening the supervision of bid evaluation experts and bid evaluation activities.