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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 Philippines Benchmarking Public Procurement team referred to the Republic Act 9184 (Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for Other Purposes), otherwise known as the Government Procurement Reform Act ("GPRA"); the Revised Implementing Rules and Regulations of Republic Act 9184 ("Revised IRR"); the Administrative Order No. 46 (s. 2015); the GPPB Resolution 04-2012; the Manual of Procedures for the Procurement of Infrastructure Projects; the Revised Implementing Rules and Regulations of Republic Act (IRR) 9184, September 2003, amended in August 2009: Rule XVII, Protest Mechanism, Sections 55 to 58 & rule XVIII - Settlement of disputes.
To conduct the analysis on Philippines, for the Public-Private Partnerships Procurement topic, the team referred to the Philippine Constitution states, Republic Act No. 6957, Republic Act No. 7718, Revised Implementing Rules and Regulations of Republic Act No. 6957, Executive Order No. 8 (series of 2010), Executive Order No. 136 (series of 2013), Executive Order No. 78, Policy Circular No. 01-2015, dated March 25, 2015, Policy Circular No. 02-2015, dated March 25, 2015, Policy Circular No. 03-2015, dated March 25, 2015, Policy Circular No. 06-2015, dated March 25, 2015, Policy Circular No. 07-2015, Policy Circular No. 09-2016, dated March 7, 2016, Policy Circular No. 04-2015, dated March 25, 2015, Policy Circular No. 05A-2016, dated March 7 2016, Policy Circular No. 08-2016, Generic Preferred Risks Allocation Matrix of 2014, Investment Priorities Plan of 2014, NEDA JV Guidelines for Government-Owned and Controlled Corporations, NEDA-DBM Joint Memorandum Circular (JMC) No. 2016-01, entitled ?Policy Guidelines and Procedures for the Formulation of the Three (3)-Year Rolling Infrastructure Program (TRIP)?, General Appropriations Act 2016 provisions on PDMF and Risk Management Program, Republic Act No. 10752 - Right of Way Act, Republic Act No. 7160 - Local Government Code, Republic Act No. 8975, BSP Circular No. 779 (series of 2013), DBM National Budget Circular No. 538, DILG Memorandum Circular No. 2012-107, DILG Memorandum Circular 2011-16, Guidelines on the Preparation, Review and Approval and Implementation of ICT Projects Proposed for Financing Under BOT Law, Joint Circular No. 03-01, and Office of the Court Administrator Circular No. 232-2015.×