Recently, the State Council issued the decision on Amending the regulations on Environmental Protection Administration of construction projects, which revised the regulations on environmental protection management of construction projects. It will come into effect on October 1, 2017.
The decision has made three major modifications to the existing regulations:
One of these requirements is to ease the burden on enterprises and further optimize services. Clear approval and record the environmental impact assessment document and technical evaluations, both shall not charge any fees to the enterprise, and the requirements of environmental protection departments to promote e-government and information, to carry out environmental impact assessment document online approval, filing and information disclosure.

The decision made the following provisions:
First, the qualification of the EIA unit shall be deleted;
Two is the environmental impact registration form by examination and approval system instead of filing system;
Three is the environmental impact report, approval time report from the feasibility study stage of adjustment for the construction, &ldquo series; modified parallel ” specific time, approval by the construction unit according to their own situation flexibly;
The four is to cancel the pre examination and approval of the environmental impact assessment, such as the pre examination of the competent departments of the industry and the preliminary review of the water and soil conservation schemes;
Five is the environmental impact assessment and industrial and commercial registration decoupling, the implementation of “ license separation ” requirements;
Six is to cancel the construction project trial production approval, delete the regulations on trial production regulations;
Seven is to cancel the environmental protection department for the construction project environmental protection facilities completed acceptance approval, instead of construction units in accordance with the provisions of the independent acceptance.
Compared with the old version of the regulations, the new regulations have made major changes in the following aspects:
First, delete the " EIA unit qualification " articles, canceled the qualification review system requirements;
Two is to cancel the completion of environmental inspection and acceptance of administrative licensing, the completion of the acceptance of the main environmental protection departments into the construction unit;
Three is to increase “ no approval situation; ” terms; clear EIA approval requirements;
Four is to clarify the legal status of environmental impact assessment;
Five is to cancel “ during trial production, &rdquo is required;;
Six is to further increase the illegal punishment and accountability.

In order to standardize the financing behavior of Guarantee Corporation, risk prevention, August 2, 2017, Premier Li Keqiang signed the State Council Decree No. 683, promulgated the "Regulations of financing Guarantee Corporation (hereinafter referred to as the" supervision and management regulations, implemented since October 1, 2017).
The "Regulations" provisions, in addition to business loan guarantee, the issuance of bonds secured financing guarantee business, stable operation and financial condition of the Guarantee corporation financing business can also project bid guarantee, performance guarantee, litigation preservation guarantee for non financing guarantee business and related consulting services and guarantee industry. For financing, Guarantee Corporation in the field of engineering insurance guarantees, project performance guarantee and other guarantee business is a big positive. Although the regulations only provide for a framework, it is believed that the follow-up will provide relevant explicit management standards for how to carry out the guarantee of tender and the performance of the project.
Before the date issued by the Ministry of housing construction office of the municipal Letter No. [2017]460, explicitly requested by the provincial housing and urban construction departments should each quarter to promote bank guarantee instead of cash margin work and related policies and measures for the implementation of statistics, a written report, reporting, meaning is clear: the provinces should speed up the promotion of bank guarantee alternative cash deposit.
July 2017 04, the Ministry of housing and urban construction and the Ministry of Finance issued a new version of the "construction project quality margin management approach", has also explicitly implemented the bank guarantee system, the bank guarantee can replace the reserve margin.
On the project margin, under the State Council and the Ministry of Housing recently make snap reform, the quality guarantee proportion limit from 5% to 3%, effectively reduce the construction enterprise funds, add liquidity, reduce bank loans, reduce operating costs; on the other hand to promote the system to ensure the implementation of the bank guarantee, performance guarantee and insurance Guarantee Corporation three kinds of guarantee. To further reduce the burden on the construction enterprises, enterprises have sufficient funds, you can update the machinery and equipment, technical research and development, personnel training and other aspects of investment, is conducive to improving the quality level of the project.
For a long time, in the field of engineering, the margin system industry has been criticized, margin occupied, misappropriation and other illegal violations have occurred, enterprises for bidding, quality margin, resulting in a large number of funds are occupied, and the cycle is very long, heavy burden, is not conducive to construction enterprises especially the development of small and medium-sized enterprises.
Compared with the deposit guarantee system, the tender guarantee only requires the enterprise to pay a small amount of tender guarantee guarantee fee, and it does not need to take up a large amount of funds from the enterprise, thus greatly reducing the burden on the enterprise. However, the tender guarantee of the implementation of the system, related to the bidders, bidding and tendering agency, Guarantee Corporation and other multi stakeholder relations, to further adjust the existing procurement business process and related management system will.
The margin is not returned on time, even without being delayed return time, as interest free loans in some areas, the construction enterprises occupy a lot of money deposit, the enterprise liquidity has brought great pressure, the flow of funds is the lifeline of the enterprise, take up a lot of liquidity, not only make the enterprise more miserable, is likely to endanger the lifeline enterprise.
In this case, the guarantee system of the State Council and governments at all levels to actively promote the bank guarantees, guarantees and insurance Guarantee Corporation guarantee, credit guarantee deposit to non cash flow, the bank to pay the deposit, greatly reducing the pressure of the enterprise, has a great role in regulating the construction market.
The margin system has been unable to meet the requirements of the State Council “ ” the requirements of the reform; in the near future, the margin system will inevitably withdraw from the stage of history!

Recently, the Ministry of Finance issued the Ministry of Finance Order No. 87, "government procurement of goods and services bidding management measures", the "measures": the tender evaluation committee believes that the bidders offer obviousOther than through the compliance review bidders'offer, may affect the quality of products or not in good faith compliance, shall be required to provide written instructions for the evaluation of the site within a reasonable period of time, when necessary, submit the relevant certification materials; the bidder cannot justify its offer, the bid evaluation committee shall be treated as invalid bid.

The "measures" has the following points, we need to pay attention to:
First, the bidding price compared with the price of other bidders, the reference object is “ the other bidders, this is not the price of ” we often say that the cost of “ &rdquo, “ because of the cost price; ” sometimes it is difficult to directly determine the dispute, is also very large, directly with the &ldquo standard; other people the price of ” in contrast, easy to operate, for example: if the nine bidders, eight bidders for another 100 million or so, if 80 million, you may need to explain the rationality of ” &ldquo.
Second, the price is significantly lower than the quotations of other bidders, it may affect the quality of products, or can not perform good faith. The term "&ldquo" is used here; there is the possibility of "&rdquo"; it can be assumed that if the price is too low, there is a “ there is the possibility of "&rdquo"; therefore, there is no need to clarify.
Third, it shall be required to provide a written explanation within the reasonable time of the bid site, and submit relevant supporting materials when necessary. Here should pay attention to is “ bid site reasonable time ” this significance is great, avoided outside human feelings, also said “ tender ” whether effective, decided on the spot.
View: September national construction schedule in the field of engineering construction (Reference)
Fourth, the bidder can not prove the reasonableness of the offer, the bid evaluation committee shall be treated as invalid tender. The term "&ldquo" here should be "&rdquo"; rather than "&ldquo"; "&rdquo"; that is, the measure directly states that this situation is "&ldquo"; "invalid bid &rdquo";.
At present, some places in the bidding in the presence of “ &rdquo low bid; phenomenon, resulting in the lowest bid competition, showing good exit and inferior, predicament. This has become a prominent obstacle for enterprises to upgrade their product quality, requiring urgent attention to governance and standardization. In the infrastructure and real estate industry. Contractors often make unprofitable or even lose money at the lowest bid, the contractor is often the means of dealing with engineering construction, malicious default compensation etc.. Winning bid at the lowest price is often fermented from simple economic disputes into social problems.
87 orders may affect product quality or not in good faith compliance offer provide instructions or to prove its rationality, is bound to the lowest bid phenomenon brings some curb “ starved peers, exhausted themselves, dead pit owners &rdquo phenomenon is expected to be improved!
New "Bidding Law": “ first ” not necessarily winning the bid!!
Change: the fifty-fifth most important ones
Existing regulations: must determine the first place for the successful bidder!!
Where fifty-fifth state-owned funds occupy the holding or leading position, and the bid invitation project must be carried out according to law, the tenderee shall determine the winner of the number one candidate to be the winning bidder. Ranking the first successful candidate to abandon the bid, due to force majeure is unable to perform the contract, not in accordance with the requirements of the bid invitation documents submitted to the performance bond, or influence the bidding result verified the existence of illegal behavior, does not meet the conditions of the bid, the tenderer in accordance with the bid evaluation committee proposed the list of successful candidates in order to determine the sort of other successful candidate as the successful bidder, can also re tender.
Draft amendment: in the winning candidate, Party A chooses the winning bidder himself
The fifty-fifth bidder shall determine the winning bidder according to the written bid evaluation report submitted by the bid evaluation committee and the winning candidate recommended by the bid evaluation committee. The tenderer may also authorize the bid evaluation committee to directly determine the winning bidder, or provisions in the tender documents ranked first successful candidates for the winning bidder, and clearly ranked first successful candidate winning the case can not be used as rules and related processing.
The project subject to tender, tender the written evaluation report by the Committee recommended the successful candidate to determine the winning bidder in bidding, shall be submitted to the relevant administrative supervision departments of the written report, explain the reason to determine the winning bidder.
Sum up, meaning:
1, the first bidder may not win the bid.
2 Party A has the right to decide second or third bid winners.
This article source: chemical 707;

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