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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 South Africa Benchmarking Public Procurement team referred to The Constitution of the Republic of South Africa dated 1996, The Public Finance Management Act dated 1999 and Regulations in terms of the public finance management act dated 1999, Municipal Finance Management Act No. 56 (Chapter 11 Part 1) dated 2003, The Promotion of Administrative Justice Act 3 dated 2000 and its regulations ,and The Municipal Supply Chain Management Regulations dated 2005. Treasury Department found at http://www.treasury.gov.za/legislation/pfma/regulations/default.aspx; , Preferential Procurement Policy Framework Act No. 5 dated 2000, Preferential Procurement Regulations dated 2011, and Guide for Accounting Officer dated February 2004.
To conduct the analysis on South Africa, for the Public-Private Partnerships Procurement topic, the team referred to Section 217 of the Constitution of South Africa, Section 51(1)(a)(iii) of the Public Finance Management Act 1 of 1999, the Preferential Procurement Policy Framework Act 5 of 2000, the Preferential Procurement Regulations of 2011, the Broad-based Black Economic Empowerment Act of 2003, the Promotion of Administrative Justice Act 3 of 2000, Treasury Regulation 16 to the PFMA, and the Standardized PPP Provisions under National Treasury PPP Practice Note 1 of 2004.×