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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 Congo, Dem. Rep., the Benchmarking Public Procurement team referred to Law No. 10/010 of 27 April 2010 on Public Procurement, Decree on Procedures Manual of the Law on Government Procurement (Decree 10/22 of 02/06/2010), Decree on the Creation, Organization and Functioning of the Public Procurement Authority "ARMP" (Decree 10/22 of 02/06/2010), Decree on award thresholds, monitoring and approval of public procurement (Decree 10/34 of 12/28/2010), Decree on approval procedures for public procurement and public service contracts and delegations to public services (Decree 10/33 of 12/28/2010), Decree on the creation, organisation and functioning of the department for project management and public procurement (Decree 10/32 of 12/28/2010), Decree on the creation, organisation and functioning of the Head Office for control for public procurement (Decree 10/27 of 06/28/2010). All found at: http://www.armp-rdc.org/index.php/fr/reglementation and http://www.armp-rdc.org/index.php/fr/lois/file/loi-10-010-du-27-avril-2010-relative-aux-marches-publics?id=4.
To conduct the analysis on Congo, Dem. Rep., for the Public-Private Partnerships Procurement topic, the team referred to Law No. 10/010 of April 27, 2010 - Public Procurement Law for PPP Contracts, and Law No, 14/005 of February 11, 2014, on "Creating Tax, Customs and Parafiscal System of Non-Tax Revenues and Exchange Control System Applicable to Cooperation Agreements and Cooperation Projects".×