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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 Costa Rica, the Benchmarking Public Procurement team referred to Law No. 7494 on Public Procurement, Executive Decree No. 33411 on the Public Procurement Regulations, Referendum and Reforms on Public Procurement Resolution No. R-DC-044, Economic Limits for Public Procurement Resolution No. R-DC-014-2016, and Political Constitution of Costa Rica and its procurement principles.
To conduct the analysis on Costa Rica, for the Public-Private Partnerships Procurement topic, the team referred to Law 7762 of 1998 - General Law of Concessions, Law 8696 of 2008, Law 8643 of 2008 and Law 8114 of 2001, the General Concession of Public Works with Public Services Regulation No 27098-MOPT, the Regulation of Private Sector Projects Concession of Public Works or Public Works Concession with Public Service No. 31836 -MOPT, Law No. 7494 of 1995 - the General Procurement law, Law 2726 of 1961 - Constitutive Law of the Aqueduct and Sewer Authority, Law 8660 of 2008 - Telecommunication Sector Modernization Law, Law 7794 of 1998 - Municipal Code, and Law 8828 of 2010 - Regulation Law of the Activity of the Public Companies Mixed Economy.×