As a domestic law for China to respond to Vienna Convention for the Protection of the Ozone Layer and Montreal Protocol on Substances that Deplete the Ozone Layer, Regulations on Administration of Ozone Depleting Substances (hereinafter referred to as Regulations) took effect in 2010, serving as a legal basis and playing an active role in the administration of production, sales, use, import and export of ozone depleting substances (ODS) of China.

With the practices, legislation in China, and negotiations globally in recent years, including the evolution of HCFCs phase-down model, increasing improvement of ecological and environmental laws, and the Kigali Amendment that took effect recently, ODS administration is faced with new requirements and the Regulations need to be amended. To accomplish the tasks for the implementation of Montreal Protocol, strengthen the supervision on ODS phase-down, we plan to amend the Regulations. A consulting service agency is welcome to provide technical supports and consulting for the amendment.

I. Work Content

(I) Pre-amendment Assessment and Research

Summarizing the requirements to controlled ODS in Montreal Protocol and amendments thereof, conclusions of management concepts of ODS production, sales, use, export and export underway in China; analysis on the gap between provisions of the Regulations and current demands to implement the conventions; identification of targets and tools for amendment, concepts of revision to the Regulations; learning from the institutional arrangement of relevant environmental laws, so as to roll out the pre-amendment assessment and research report.

(II) Preparation, Revision, and Finalization of the Amendment Opinions for Regulations

To prepare and complete the initial draft of amendment opinions for Regulations, based on the concepts and content confirmed in the pre-amendment assessment and research report.

To carry out survey and research on major systems; solicit relevant parties’ opinions and suggestions for the draft; organize the experts’ appraisal meeting.

To revise the draft amendment opinions for Regulations, complete the revision, instructions for preparation, validation report for major systems, and relevant background materials.

(III) Outputs

1. Pre-amendment assessment and research report for Regulations；

2. Initial draft amendment to Regulations and instructions for preparation;

3. Final draft amendment to Regulations;

4. Validation report for major systems and relevant background materials;

5. Minutes of experts’ appraisal meeting.

III. Schedule

The project will be implemented from August 2019 to February 2020. The concrete work will be implemented step by step as follows: for pre-amendment assessment, August to September 2019; for preparation of amendment drafts, October to November; for opinion soliciting, November to December; for finalization of amendment, January to February 2020.

IV. Requirements to Bidders/Personnel

Requirements to the bidding organizations:

1. 10 years plus experiences in research of legislation, policies and laws;

2．Familiar with the legal systems of Montreal Protocol, United Nations Framework Convention on Climate Change, the Chinese laws and policies on the management of ODS and HFCs;

3. Priority will be given to those who have ever participated in drafting the Regulations.

Requirements to the personnel:

1． For person in charge of the team: doctoral degree in law or title of associate professor or above, familiar with legal systems of ODS phase-down, greenhouse gas management and relevant requirements of international conventions, as well as the domestic environmental laws; those who have ever presided over and participated in drafting the Regulations will be given a priority.

2． For team members: master’s degree in law or above, at least 10 years’ experiences in laws or legislation research, familiar with legal systems of ODS phase-down, greenhouse gas management and relevant requirements of international conventions, as well as the domestic environmental laws; those who have ever participated in drafting the Regulations will be given a priority.

V. Bidding Documents and Contacts

Qualified units will be invited by the Foreign Economic Cooperation Office, Ministry of Ecology and Environment to submit a proposal. Any interested unit shall provide relevant materials to show that they have certificates and experiences required by the project. The final undertaker for the project will be confirmed from appraisal on the proposal of technologies and finance. See the document for soliciting proposals for details.

Attn: Li Li

Contact: Division III, Foreign Economic Cooperation Office, Ministry of Ecology and Environment

Tel: 010-82268930

Fax: 010-82200510

E-mail: li.li @fecomee.org.cn

Address: Room 909, No. 5 Houyingfang Hutong, Xicheng District, Beijing

Postal code: 100035

Should you need the document for soliciting proposals or have any question, please contact the person in charge of the bidding at 09:00-17:00 of Monday to Friday.

VI. Place and personnel to receive bidding documents and deadline of submission

The proposals of possible undertakers shall be submitted to the proposal recipient by 17:00, July 31, 2019.

Attn: Lu Junming

Tel: 010-82268845

E-mail: Room 710, No. 5 Houyingfang Hutong, Xicheng District, Beijing

Postal code: 100035

VII．Notes

1.Requirements of binding: The project proposals shall be put into two internal envelopes and one external envelop. Marked on the external envelop are the project name, name and address of the company, contact person and phone number. The words “Technical Proposal” and “Financial Proposal” shall be written on the two internal envelops respectively; all the external envelop and internal envelops shall be bound well, with corporal sales being affixed.

2. Requirements of personnel CV: the personnel as listed in the project proposals shall submit their personnel information and sign their names according to the format set forth in the bidding documents. Please see the format of CVs thereafter.

3. Requirements of technical solutions: Please refer to the requirements of term of reference (ToR) and prepare your technical proposal and prepare a targeted, detailed, and focused explanation to the technical routes, methodology, and workplan, as a major indicator of appraising a bid. A technical proposal will be deemed as failing to respond to the requirements of bidding documents and will be rejected, if there’s no actual explanation over the content of ToR.

Units that intend to participate in the bidding shall, according to the Law of the People's Republic of China on Bid Invitation and Bidding and requirements of project management authority, prepare their bidding documents. Illegal behaviours, if any, will be dealt with by FECO seriously according to the Law and Notice on Seriously Dealing with Illegal Behaviours in Purchase.

FECO/MEE

July 12, 2019