1818 H Street NW
Washington, DC 20433 USA
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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 United States, Benchmarking Public Procurement team referred to The Federal Acquisition Regulation (the "FAR"), Title 4, 33 and 48 of the Code of Federal Regulations (C.F.R.), Titles 10 and 41 of the United States Code (U.S.C.), the Competition in Contracting Act of 1984 (codified at 31 U.S.C ? 35), the Tucker Act (codified at 28 U.S.C. ? 1491), Executive Order 12674 dated (April 12, 1989), Executive Order 12979, Rules of the COFC, Procurement Practices Reform Act of 2010, Guidance on bid protests and complaints can found at FAR Part 33 http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/33.htm.
To conduct the analysis on United States, for the Public-Private Partnerships Procurement topic, the team referred to the Virginia Highway Corporation Act (Va. Code Ann. ? 56-535 et seq), the Public-Private Transportation Act of 1995 (Va. Code Ann. ? 33.2-1800 through Va. Code Ann. ? 33.2-1824), the PPTA Value for Money Guidance, dated August 2012, the Implementation Manual and Guidelines for the Public-Private Transportation Act of 1995 (As Amended), dated January 2016, and CV3P P3 Risk Management Guidelines, dated September 2015.×