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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 Colombia, the Benchmarking Public Procurement team referred to The Anticorruption Statute (Law 1474 of 2011), Law on Transparency and Access to Information (Law 1712 of 2014), the General Procurement Statute (Laws 80 of 1993 and 1150 of 2007), Regulatory Decree on Administrative Sector Planning (Decree 1082 of 2015), Regulatory Decree on the Public Procurement System (Decree 1510 of 2013), Commercial Code, and Law 1437 of 2011 for the Code of Administrative Procedure. All found at http://www.colombiacompra.gov.co/ and on: http://www.senado.gov.co.
To conduct the analysis on Colombia, for the Public-Private Partnerships Procurement topic, the team referred to Law 1508/ 2012 - PPP Law, Presidential Decree 1082 of 2015, Decrees 1467 and 2043 of 2012, Decree 1610 of 2013, the Decrees 1026 and 1553 of 2014, Decree 063 of 2015, Decree 1510 of 2013, Resolution 3656 of 2012 of the National Planning Department, Law 80 of 1993 - Public Procurement General Law modified by the Law 1150 of 2007, Law 1753 of 2015 - National Development Plan, Law 80 of 1993, and Law 1150 of 2007.×