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For the purpose of this questionnaire, and in accordance with the International Monetary Fund’s definition (https://www.imf.org/external/np/sta/di/glossary.pdf), a foreign firm is a foreign-owned domestically incorporated enterprise (e.g. subsidiaries) in which a foreign investor owns 10 percent or more of the ordinary shares or voting power.)×
Material Adverse Government Action means any act or omission by the procuring authority or other relevant authority, which occurs during the term of the PPP Contract and which has a material adverse effect on (i) the ability of the PPPCo to comply with any of its material obligations under this PPP Contract and/or (ii) the cost or the profits arising from such performance.)×
A financial model is an analytical tool that allows the user to assess the financial robustness of the project by representing its expected financial performance, including cash flows, returns, etc. Not to be confused with a financial proposal.)×
To conduct the analysis on Brazil, the Benchmarking Public Procurement team referred to Law 8666 on Public Procurement, 1993, Constitution of the Federal Republic of Brazil, 1988, Supplementary Law 123 on the Differential Treatment of Micro and Small Enterprises, 2006, Federal Law No. 9.784/1999 on federal administrative procedures, Constitution of Brazil, and Federal Law No. 10.520/2002 on electronic trading found at: www.planalto.gov.br.
To conduct the analysis on Brazil, for the Public-Private Partnerships Procurement topic, the team referred to the General Law of Public Procurement and Government Contracts of 1993 Federal Law No. 8,666 of 1993, the General Law of Permissions and Concessions of Public Services of 1995 - Federal Law No. 8,987 of 1995, the Law of Granting and Extension of Concession of Public Services of 1995 - Federal Law No. 9,074 of 1995, the General Law for Public-Private Partnerships of 2004 - Federal Law No. 11,079 of 2004, the Law of the Differential Public Procurement Regime of 2011 - Federal Law No. 12,462 of 2011, the Regulatory Decree for the Steering Committee for the Federal Public-Private Partnership of 2005 - Federal Decree No. 5.385 of 2005, the Federal Government's Decree on Expressions for Interest and Unsolicited Proposals of 2015 - Federal Decree No. 8,428 of 2015, the Law of the National Privatization Program of 1997 - Federal Law No. 9,491 of 1997, Law No. 8,666/1993 - Public Procurement Law, Law No. 8,987/1995 - Concessions Law, the PPP Law No. 11,079/2004, and Law No 11,688, dated May 19, 2004.×