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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 Ukraine, Benchmarking Public Procurement team referred to the Law of Ukraine on Public Procurement No. 922-VIII dated 25 December, 2015, Law of Ukraine on Governmental Procurement No. 1197-VII dated 10 April 2014, Approval of the Procurement Inspections by the State Financial Inspection and its Territorial Bodies and On Amendments to Certain Acts of the Cabinet of Ministers of Ukraine No. 631 dated 01.08.2013 and Administrative Procedural Code dated July 6, 2005 No. 2747-IV.
To conduct the analysis on Ukraine, for the Public-Private Partnerships Procurement topic, the team referred to Law of Ukraine "On Public Private Partnership" No. 2404-VI, dated July 1, 2010, Resolution of Cabinet of Ministers of Ukraine "Certain Issues of Organization of Implementation of Public-Private Partnership", dated April 11, 2011, Law of Ukraine "On Concessions" No. 997-XIV, dated July 16, 1999, Order of Ministry of Infrastructure of Ukraine "On Approval of Regulation of Bidding Commission for Conducting Concession Tender to Build and Operate Highways" No. 61, dated January 28, 2014, Resolution of Cabinet of Ministers of Ukraine "On Approval of Procedure for the Private Partner to Provide Information to the Public Partner on Implementation of the Agreement Concluded in the Framework of Public-Private Partnership" No. 81, dated February 09, 2011, Resolution of Cabinet of Ministers of Ukraine "On Approval of Procedure on Provision of State Support for Implementation of Public-Private Partnerships" No. 279, dated March 17, 2011, Law of Ukraine "On Concession for Construction and Operation of Highways" No. 1286-XIV, dated December 14, 1999, Order of Cabinet of Ministers of Ukraine "On Approval of the Conception of Public-Private Partnership in Ukraine for 2013-2018 years" No. 739-P, dated August 14, 2013, Resolution of Cabinet of Ministers of Ukraine "On Approval of Standard Concession Agreement" No. 643, dated April 12, 2000, Order of the Ministry of Economic Development and Trade of Ukraine "On Approval of the Form to Submit Proposals for Implementation of Public-Private Partnership" No. 40, dated August 16, 2011, and Order of the Ministry of Economic Development and Trade of Ukraine "Certain Issues of Conducting Analysis of the Efficiency of Implementation of Public-Private Partnership" No. 255, dated February 27, 2012.×