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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 Egypt, the Benchmarking Public Procurement team referred to Tender Law No. 89 of 1998 Tenders Law, Tender Law's executive regulations, issued by the Ministerial Decree No. 1367 of 1998, Decree No. 1367 of the year 1998 Promulgating the Executive Statutes of Tenders Law, Ministerial Decree No. 33 of 2010 on the Electronic Publishing of Governmental Tenders, Ministerial Decree No. 463 of 2012 on the Electronic Publishing of Governmental Tenders' Technical and Financial Bids Final Results and the Award to the Winning Bid, Presidential Decree on Preferring Egyptian Products in Governmental Contracts No. 5 of 2015, Law No. 89 on Organizing Tenders and Bids, adopted in 1998, Decree No. 1367 of 1998, Decree No. 3549 of 1998, and Council of State Law No. 47 of 1972. found at: https://etenders.gov.eg/ArabicStaticDocs/Low89.pdf and http://www.mof.gov.eg/Arabic/_Layouts/MOF/ExternalPages/Laws/Default_Ar.aspx.
To conduct the analysis on Egypt, for the Public-Private Partnerships Procurement topic, the team referred to Law No. 67 of 2010 on "Regulating the Particpation of the Private Sector in Infrastructure Projects, Services and Public Utilities", the PPP Executive Regulations of Law No. 67 of 2010 issued by virtue of Prime Ministerial Decree No. 238 of 2011, the Prime Ministerial Decree No. 1875 of 2010 on "Structure and Competence of the PPP Supreme Committee", Law No. 129 for 1947 on "Concessions of Public Utilities", Law No. 61 for 1958 on "Concessions Relating to the Investment of Natural Resources and Public Utilities", and Public Tenders Law No. 89 for 1998 on "Organizing Tenders and Bids and Any Specific Laws Related to Granting Concessions of Public Utilities".×