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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 Honduras, the Benchmarking Public Procurement team referred to Decree No. 74-2001 - Public Procurement Law, Executive Accord No. 055-2002 - Regulations of the Public Procurement Law, General Provisions of the Budget and Expenses of the Republic for 2016, Efficient and Transparent Electronic Procurement Law, 2014, and Regulations to the Electronic Procurement Law, 2014, Honduran Procurement Law, Decree No 74 -2001 and its Bylaw, Executive agreement No 055-2002, Administrative Procedure Law- Decree 152-87, and Administrative Litigation Law- Decree 189-87. All found at: www.honducompras.gob.hn., http://www.ccit.hn., and http://honduras.eregulations.org/.
To conduct the analysis on Honduras, for the Public-Private Partnerships Procurement topic, the team referred to Legislative Decree 143 of 2010 - Public-Private Partnership Promotion Law, Executive Decree No. 02073 of 2010 - Public-Private Partnership Promotion Law General Regulation, Decree 24 of 2012, Decree No. 51 of 2011 - Law for the Promotion and Protection of Investment, and Decree No. 58 of 2011 - Special Law to the Simplification of Public Infrastructure Investment Procedures.×