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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 Thailand, Benchmarking Public Procurement team referred to Regulation of the Office of the Prime Minister on Procurement B.E. 2535 dated 1992, Regulation of the Office of the Prime Minister on Procurement by Electronic Means, B.E. 2549 dated 2006, Notification of the Office of the Prime Minister regarding Practical Guideline on Procurement by Electronic Marker (e-market) and by Electronic Bidding (e-bidding), Act on Establishment of Administrative Court and Administrative Court procedure B.E. 2542 dated 1999, Urgent Letter no.Gor Kor (Gor Vor Por) 0421.3/6/v423 of Committee in Charge of Procurement dated October 29, 2015, Ministerial regulation under the Administrative Procedure (no.12) B.E. 2543 dated 2000, Law on Administrative Procedure B.E. 2539 dated 1996 and Organic Act on Counter Corruption B.E. 2542 and 1999.
To conduct the analysis on Thailand, for the Public-Private Partnerships Procurement topic, the team referred to the Private Investment in State Undertaking Act, 2013 B.E. 2556, Required Details in a Project Agency?s Project Appraisal Report B.E. 2557 of 2014, Details of Invitation Notice, Document of Proposal for Investment Participation, Method for Announcing the Invitation, Selection Methods of the Selection Committee Prescription of Bidding Security and Performance Security, B.E. 2558 of 2015, dated 30 January 2015, Strategic Plan for Public-Private Partnership in State Undertaking B.E. 2558-2562 (2015-2019), Standard Provisions of an Investment Partnership Contract B.E. 2558 of 2015, and Characteristics of Amendment to Investment Partnership Contract in Material Content B.E. 2558 of 2015.×