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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 France, the Benchmarking Public Procurement team referred to Ordinance No. 2015-899 of July 23, 2015 on Public Procurement, Decree No. 2016-360 of March 25, 2016 on Public Procurement, General Administrative Clauses of Public Procurement JORF N. 0227 dated 2009, Decree No. 2013-269 of March 29, Precontractual interlocutory procedure, and Administrative Justice Code found at http://www.conseil-etat.fr/content/download/37782/327923/version/1/file/ENG_CJA%20partie%20legislative_MAJ_20141017.pdf.
To conduct the analysis on France, for the Public-Private Partnerships Procurement topic, the team referred to the Ordinance No. 2015-899 and its Regulations, dated July 23 2015, Ordinance No. 2004-559, dated June 17, 2004, and the Standard clauses from the PPP Unit - MAPPP, dated November 18, 2011.×