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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 China, the Benchmarking Public Procurement team referred to the Government Procurement Law of the People's Republic of China dated 2002, Regulations on the Implementation of Government Procurement Law of the PRC dated 2015, The Bidding Law of the PRC, 1999, Regulations on the Implementation of the Bidding Law of the PRC, dated 2011, Interim Measure on Administering Tendering of Construction Works in Shanghai dated 2010, Administrative Measures for Government Procurement Information Publishing 2994, Measures on Electronic Tendering 2013, The PRC Tendering and Bidding Law found at: http://www.npc.gov.cn/wxzl/gongbao/2000-12/05/content_5004749.htm., The Implementation Regulations of the PRC Tendering and Bidding Law found at http://www.gov.cn/flfg/2011-12/29/content_2034519.htm., The Implementation Regulations of the PRC Tendering and Bidding Law found at: http://www.gov.cn/flfg/2011-12/29/content_2034519.htm., The Government Procurement Law of the PRC, 2002 found at http://www.npc.gov.cn/wxzl/gongbao/2014-11/18/content_1892150.htm., Implementing Regulations of the Government Procurement Law of the PRC found at http://www.gov.cn/zhengce/2015-02/27/content_2822395.htm., Measures for the Bid Invitation and Bid Tendering for Construction and Engineering Projects found at http://gpa.mofcom.gov.cn/channel/2013/country/china_cgtz_en.shtml., and Measures for Dealing with Complaints about Bidding on Architectural Projects found at http://gpa.mofcom.gov.cn/channel/2013/country/china_cgtz_en.shtml.
To conduct the analysis on China, for the Public-Private Partnerships Procurement topic, the team referred to Guidelines for the Operation of Public-Private Partnership (trial), dated November 29, 2014, the Ministry of Finance Notice on Issues relating to Promoting PPP, dated September 23, 2014, the Ministry of Finance Notice on Regulating PPP Contract Management, dated December 30, 2014, the Ministry of Finance Notice on Regulating the Operation of PPP Information Platform, dated December 18, 2015, the Ministry of Finance Guidance on Financial Affordability Assessment of PPP Projects, dated April 7, 2015, the Ministry of Finance Notice on Implementing the Policy of Replacing Subsidy with Reward, dated December 8, 2015, the NDRC Guiding Opinions on Work relating to PPPs, dated December 2, 2014, the Guiding Opinions of the State Council on Innovating in Investment and Financing Mechanism and Encouraging Social Investment in Key Fields, dated November 16, 2014, the Measures for the Administration of Government Procurement in Public-Private Partnership Projects, dated December 31, 2014, the Guiding Opinions of the Ministry of Finance, NDRC and the People's Bank on Promoting PPP in Public Service, dated May 19, 2015, Government Procurement Law of the People's Republic of China, dated August 31, 2014, and Article 11 (7) of the "Guidelines for Mode of Cooperation for Government and Social Capital (for Trial Implementation)".×