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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 Peru, the Benchmarking Public Procurement team referred to Public Procurement Law No. 30225 dated 2014, Public Procurement Regulations, Supreme Decree No. 350 - 2015-EF, and Law No. 30372 - National Budget for the Public Sector dated 2016, Law on State Contracting and Regulation found at http://portal.osce.gob.pe/osce/content/ley-de-contrataciones-del-estado-y-reglamento.
To conduct the analysis on Peru, for the Public-Private Partnerships Procurement topic, the team referred to Legislative Decree 1224, dated September 25, 2015, and its regulation, Supreme Decree 410-2015-EF, dated December 27, 2015, Supreme Decree No. 059-96-PCM - Concessions Law, dated December 27, 1996, Supreme Decree No. 060-96-PCM - Concessions Regulation, dated December 28, 1996, Legislative Decree No. 1012 - PPP Law, dated May 13, 2008, Law No. 30167, dated March 02, 2014, Supreme Decree No. 054-2013-PCM Execution of Administrative Procedures of PPPs, dated May 16, 2013, and Supreme Decree No. 127-2014-EF - PPP Regulations, dated May 31, 2014.×