One, “ EIA qualification ” goodbye!
Recently, the State Council issued the "decision on Amending the regulations on environmental protection management of construction projects", and amended the regulations on environmental protection management of construction projects. It will come into effect on October 1, 2017.
The decision has made three major amendments to the existing regulations:
One of these requirements is to reduce the burden on enterprises and further optimize their 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.

Decree of the State Council of the People's Republic of China (No. 682nd)
Order of the State Council of the People's Republic of China
Number 682nd
The decision of the State Council on Amending the regulations on environmental protection management of construction projects has been passed by the 177th executive session of the State Council in June 21, 2017 and is hereby promulgated and will come into force on October 1, 2017.
Daniel Li Keqiang
July 16, 2017
The decision made the following provisions:
One is to delete the qualification management regulations for EIA units;
The two is to change the registration form of environmental impact from the approval system to the record 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 environmental impact assessment, such as the pre examination of the competent departments of the industry department and the preliminary examination of the soil and water conservation scheme;
Five, the environmental impact assessment and industrial and commercial registration decoupling, implementation of “ license separation ” requirements;
Six is to cancel construction project trial production approval, delete regulations on trial production regulations;
Seven is to cancel the approval of environmental protection departments for the completion acceptance of environmental protection facilities of construction projects, instead of the 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 " EIA unit qualification " terms, canceled the qualification certificate review system requirements;
Two is to cancel the completion of environmental protection acceptance of administrative licensing, the completion of the acceptance of the main body by the environmental protection department to adjust to the construction unit;
Three is to increase “ no approval case ” terms, clear EIA approval requirements;
Four is to clarify the legal status of environmental impact assessment;
Five is to cancel the “ &rdquo during the trial production;;
Six is to further increase the illegal punishment and accountability.
Two, “ margin ” bye bye!

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 guarantee, engineering performance guarantee and other guarantee business is a big positive. Although the Ordinance only provides a framework, it is believed that the subsequent management of the tender guarantee, project performance and other guarantees will be issued clear regulatory norms.
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.

In July 2017, the Ministry of housing and urban rural development and the Ministry of Finance issued the new version of "management measures for the quality guarantee of construction projects", which has also explicitly implemented the bank guarantee system, and the bank guarantee can replace the reserved deposit 04.

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. In order to reduce the burden on construction enterprises and increase the capital adequacy of enterprises, it is necessary to increase investment in the updating of mechanical equipment, technical research and development, personnel training and so on, so as to improve 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 needs the enterprise to pay a small amount of tender guarantee guarantee fee, and does not need to occupy a large amount of capital of 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 State Council and all levels of government actively promote bank guaranteesThe performance guarantee, system guarantee 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 standardizing the construction market.
The deposit system can not meet the requirements of the State Council “ ” the requirements of the reform, in the near future, the margin system will withdraw from the historical stage!
Three, “ bid &rdquo at the lowest price; bye bye!
Recently, the Ministry of Finance issued Decree No. 87 of the Ministry of finance "government procurement of goods and services tender and bid management measures", the "measures" proposed: the evaluation committee considers that the bidder's quotation is lower than the other by compliance review bidders'offer, may affect the quality of products or not in good faith compliance, shall be required to provide a written explanation in the evaluation site within a reasonable 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 attention:
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 integrity. The word "&ldquo" is used here; there may be ” it can be considered that if the price is too low, there is “ it may be ” therefore, it is necessary to clarify.
Third, it should be required to provide a written explanation in the reasonable time of the bid site, and submit relevant documents if necessary. Here should pay attention to “ bid site reasonable time ” this significance is great, avoid the outside human feelings, also say “ bid ” whether effective, decided on the spot.
View: national construction schedule in September (Reference)
Fourth. If the bidder fails to prove the reasonableness of the offer, the bid evaluation committee shall treat it as an invalid bid. Here the word is “ should be ” rather than “ can ” that is, the "method" directly stipulates that this situation is “ invalid bidding ”.
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 to improve the quality of enterprises, and it is urgent to govern and standardize. 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 bidding at the lowest price is often fermented from simple economic disputes to 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: the winner of the list must be determined!!
If fifty-fifth state-owned funds occupy the holding or dominant position, the project must be carried out according to law, and the tenderee shall determine the winner of the list as 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 bidders determine the winning bidder according to the written bid evaluation report submitted by the bid evaluation committee and the recommended candidate for winning the bid. 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.
Under the summary, it means that:
1, the first bidder may not win the bid.
2. Party A has the right to decide the winner of second or third bid.
Content source: chemical 707