curriculum vitae (cv) for proposed professional staff · curriculum vitae (cv) for proposed...

Curriculum Vitae (CV) for Proposed Professional Staff

1. Proposed Position: Legal expert

2. Name of Firm: EKWA CONSULTING, SELARL

3. Name of Staff: Monique BOLMIN

4. Date of Birth: June 11, 1962 Nationality: French

5. Education:

HARVARD LAW SCHOOL, Cambridge, Massachusetts, USA

LL.M awarded June, 1987

Honors: Fulbright and Harvard Law School Scholarships

Thesis: «The Role of the International Financial Institutions in Rescheduling the Debt of Third World

Countries. »

UNIVERSITY OF PARIS I, PANTHEON-SORBONNE, Paris, France

o D.E.A. (post-graduate studies), International Relations, awarded October, 1986

o D.E.A. (post-graduate studies), European and International Law, awarded June, 1985

Honors: Panthéon-Sorbonne Fellowship, awarded 1985

o Maîtrise, (Master of Laws) European and International Law, awarded June, 1984

6. Membership of Professional Associations: o Paris Bar

o Harvard Law School Association

o French Institute of International Legal Experts (IFEJI)

o American Bar Association – International Section

7. Other Training [Indicate significant training since degrees under 5 - Education were obtained]: N/A

8. Countries of Work Experience:

Africa: Algeria, Angola, Burundi, Burkina Faso, Cameroon, Chad, Central African Republic,

Congo, DRC, Ethiopia, Gabon, Ghana, Ivory Coast, Kenya, Mali, Madagascar, Mauritius,

Nigeria, Republic of the Congo , Rwanda, South Africa, Sao Tome e Principe, Swaziland, Togo

and Uganda

Asia: Malaysia, Nepal and Thailand

Caribbean and Latin America: Brazil, Chile, Cuba, Dominican Republic, Guyana, Haiti,

Jamaica, Mexico, Puerto Rico and the French West Indies

Central, Eastern and Western Europe: France, Romania, Spain, The Netherlands and Turkey.

Middle East and North Africa: Algeria, Egypt, Jordan, Morocco, Qatar and Tunisia

9. Languages:

Language Reading Speaking Writing

French good good good

English good good good

Spanish good fair fair

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10. Employment Record :

From: 2007 to Present

Employer: Law Firm of EKWA Consulting

Position held: Managing Partner

From: 2004 to 2007

Employer: Emergence Consult

Position held: Consultant – Head of the Project Finance Department

From: 2002 to 2004

Employer: African Development Bank

Position held: Consultant – Legal Department, Operations Division

From: 2000 to 2002

Employer: Schlumberger Oilfield Services

Position held: Deputy General Counsel – Europe, CIS, and Africa

From: 1998 to 2000

Employer: Alstom Transport, Systems Business Unit

Position held: Legal Director

From: 1992 to 1998

Employer: CEGELEC (Alcatel Engineering System Subsidiary)

Position held: Legal Counsel, International Affairs Division

From: 1989 to 1992

Employer: Law Firm of Coudert Brothers

Position held: Associate

From: 1988 to 1989

Employer: Law Firm of Baker & McKenzie

Position held: Associate, Foreign Trade Department

11. Detailed Tasks Assigned 12. Work Undertaken that Best Illustrates Capability

to Handle the Tasks Assigned

• Analysis of the institutional

structures, competencies,

decision-making systems and

statutory provisions;

• Develop and implement

appropriate regulations applicable

Name of Assignment: Achievement of a sustainable

improvement of the water supply and sanitation situation of the

Greater Kampala Area by taking into account the long-term

development of the city

Year: February to April 2017

Location: Uganda

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to Kampala's sanitation sector and

on-site sanitation, faecal sludge

collection, transfer and disposal

financed by SLF

• Create and implement Sanitation

Levy Fund (SLF), including: Set

up necessary legal and regulation

framework for introducing SLF

(legal status and statutory

framework)

Client: National Water and Sewerage Corp. /GOPA Infra

Main Project Features: (i) Development of Institutional,

regulatory and financial frameworks; (ii) Design of an

information, PR & sanitation marketing campaigns; (iii)

Business development and O&M activities.

Position Held: International legal and regulatory expert

Activities Performed:

▪ Determination of an appropriate regulatory framework

between the main insitutions involved and regulations

pertaining to onsite sanitation & FS collection, transfer and

treatment

▪ Creation and implementation of a Sanitation Levy Fund

(SLF) describing funded measures, financing needs, legal

and regulatory frameworks

• Assessment of legal,

institutional and regulatory

framework applicable to IPPs

• Determination of PPP

contractual arrangements

suitable for mico-grid electricity

operation at the municipal level

• Draft of PPP transaction

documents

Name of Assignment: Assistance to the mini grid business

models in Haiti

Year: December 2016 to July 2017

Location: Haiti

Client: EarthSpark/AETS

Main Project Features: Assessment of the legal and

regulatory landscape for the development and operation of

energy access micro grids in Haiti and development of the

supporting legal documents for micro grid development. Position Held: Team Leader - PPP legal expert


▪ Evaluate best practices in public private partnership (PPP)

structuring for infrastructure services at the municipal level

to inform the decision on what legal structure is best

▪ Review work to-date on the SAM (Société Anonyme

Mixte) legal structure for public private partnerships in

Haiti to inform the decision on what legal structure is best

for micro grid development in Haiti

▪ Summarize the existing legal and regulatory situation for

energy access micro grids in Haiti (even as it is in flux)

▪ Generate a credible third-party assessment of the legal and

regulatory environment - and its relevance to micro grids –

for potential funders/investors

• Legal and institutional aspects of

PPAs

• legal and contractual aspects of

PPAs

Name of Assignment: GIZ Project Development Program– PPA Boot Camp

Year: September 2016

Location: Frankfurt and Berlin

Client: GIZ

Main Project Features: Participate in the design and conduct

of a two-day workshop on the legal, institutional and

regulatory aspects of Power Purchase Agreements (PPA) in

connection with the development, implementation and

monitoring of renewable energy PPP projects (wind and solar)

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for the German Development Aid Agency (GIZ).

Position Held: PPP legal expert

Activities Performed: Develop and conduct a presentation on

the (i) legal and institutional aspects of PPAs; and (ii) legal and

contractual aspects of PPAs.

• Review the proposed concession

agreement at Cap Haitien and

other lease/license contracts at

Cap Haitien port (and possibly

Port-au-Prince as well)

• Review the draft legislation of

the regulatory agency and the

port management and operation

agency with regard to roles and

responsibilities in port

concessions,

• leases and licenses Review Haiti

Port, PPP and contract

legislation

• Prepare templates for contract,

lease and licenses of port

services in the Cap Haitien

context

• Prepare a draft user manual for

further training on the

Contracting and Licensing tool

• Prepare training manuals for

teachers

Name of Assignment: Cap Haitian Port Regulatory Strengthening Project Year: August 2016 to present

Location: Haiti

Client: USAID - Haiti/ Nathan Associates

Main Project Features: Provide services to Haiti National

Port Auhtority to assist in preparing its staff at the Cap Haitien

Port (CHP) for operation through the process of port

rehabilitation, bidding and operation by a new terminal

operator as part of the CHP Rehabilitation and Public Private

Partnership (PPP) Project.

Position Held: International legal expert – COP since August

2017


▪ Responsible for refining and implementing the project’s

work plan;

▪ Coordinate technical assistance activities with staff;

▪ Prepare a technical paper on concepts and forms of port

concession contracts, leases and licenses

▪ Review the proposed concession agreement at Cap

Haitien and other lease/license contracts at Cap Haitien

port (and possibly Port-au-Prince as well)

▪ Review the draft legislation of the regulatory agency and

the port management and operation agency with regard

to roles and responsibilities in port concessions,

▪ leases and licenses Review Haiti Port, PPP and contract

legislation

▪ Prepare templates for contract, lease and licenses of port

services in the Cap Haitien context

▪ Prepare a draft user manual for further training on the

Contracting and Licensing tool

▪ Prepare training manuals for teachers

• Assistance in the contractual and

institutional structuring of the

financing, operation and

maintenance of a power utility by

a private operator under a PPP

scheme

• Determination of the adequate

contractual and institutional

framework for the procurement of

the delegated activities to a

private operator

Name of Assignment: Caracol power utility transaction

support

Year: April 2016 to present

Location: Haiti

Client: USAID - Haiti/ Deloitte Touche

Main Project Features: Provide transaction advisory services

to the Government of Haiti (GoH) to assess the feasibility for

and facilitate the establishment of a PPP for the sustainable

management of the Caracol Industrial Park power utility. The

objectives of this activity are to:

▪ Determine and conduct the necessary research,

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• Provision of insight and leading

practice expertise on the legal

components of the transaction

and public-private partnership

models

assessments, and studies to assist the GoH in exploring

options and in selecting the appropriate PPP model(s) to

pursue; and

▪ Provide tailored transaction advisory technical assistance

to support the GoH in the preparation of PPP documents

and leading a competitive bidding process for the private

sector management of the Caracol power utility (CPU);

▪ Assist the GoH to achieve its goal of contracting a private

sector entity through a lease/concession basis to manage

the CPU for at least 20 years.

Position Held: legal expert

Activities Performed: (i) Legal and institutional feasibility

study for the delegation to a private contractor of the

financing, design, construction operation and maintenance

of the CPU, including the distribution, sale and bill

collection of the sale of electricity to the industrial park

and surrounding municipalities; (ii) Determination of the

legal and institutional framework for the procurement of the

delegated services under a PPP contractual scheme, the tariff

setting and revision procedure as well as the monitoring of the

PPP contract; (iii) Assist to identify the appropriate contractual

structure; (iv) Build the capacity of the GoH to design and

implement a successful procurement preparation of the tender,

including the draft PPP contract and the determination of the

security package.

• Determination of the procedures

relating to the structuring and

monitoring of financial

guarantees with regard to project

finance transactions ;

• Identification and categorization

of risks in connection with the

financing of PPP projects in

infrastructure and agribusiness

development in the ECOWAS

region;

• Definition of PPP risk

identification, preventive and

mitigation procedures to be used

by the legal department

Name of Assignment: ECOWAS Bank for Investment and

Development - Strengthening of the Legal Department

capacity

Year: November 2015 to present

Location: Lomé - Togo

Client: ECOWAS Bank for Investment and Development/

AfDB

Main Project Features: strengthening of the legal department

capacity in connection with the financing of private sector

activities and PPPs relating to infrastructure and agribusiness

projects development, including:

▪ The Organization of the legal department comprising:

- the definition of the internal procedure;

- the determination of the legal department role and

responsibilities in the project cycle and the interaction

with the operational department and the management of

the Bank;

- the definition of a methodology for the setting up of a

risk identification map and risk preventive procedures

▪ Strengthening of the legal department capacity comprising:

- the loans and financing operation categorization and

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the roles and level of responsibilities of each division

of the Bank involved in the project cycle;

- the determination of the procedures relating to the

provision and monitoring of the Bank financial

guarantees;

- the definition of training modules and self-evaluation

procedures.

Position Held: International legal expert

Activities Performed: (i) determination of the loans and

financing operation categorization and the roles and level of

responsibilities of each division of the Bank involved in the

project cycle; (ii) determination of the procedures relating to

the provision and monitoring of the Bank financial guarantees;

(iii) the determination of the legal department role and

responsibilities in the project cycle and the interaction with the

operational department and the management of the Bank; (iv)

the definition of a methodology for the setting up of a risk

identification map and risk preventive procedures.

• Drafting of all legal aspects of the

PPP manual of procedures

describing the administrative and

technical relating to the

evaluation, procurement,

negotiation, implementation,

supervision and audit of the PPP

projects

• Formulation of recommendations

and assistance to the PPP Unit to

facilitate the implementation of

the Manual of procedures

• Definition of guidelines with

respect to the treatment of

unsolicited proposals

• Recommendations as to a

capacity building program for the

PPP unit staff.

Name of Assignment: Drafting of a PPP manual

Year: June 2015 – December 2015

Location: Haiti

Client: Ministry of Economics and Finance / IADB

Main Project Features:

▪ Drafting of all legal aspects of the PPP manual of

procedures describing the administrative and technical

procedures and guidelines relating to the evaluation,

procurement, negotiation, implementation, supervision and

audit of the PPP projects ;

▪ Formulation of recommendations and assistance to the PPP

Unit to facilitate the implementation of the Manual of

procedures PPP in light of the legislative and

administrative regulations in force for the PPP Unit and

with respect to the role and responsibilities assigned to the

ministries and regulatory agencies as well as their

interaction with the PPP Unit.

Position Held: Team Leader - International legal expert

Activities Performed: (i) diagnostic study of the existing

public procurement procedures,; (ii) definition of the different

PPP contractual schemes; (iii) establishment of specific

procedure for PPPs in the social sector; (iv) benchmarking of

manual of PPP procedures; (v) definition of guidelines with

respect to the treatment of unsolicited proposals; (vi)

recommendations as to capacity building program for the PPP

unit staff.

• Identification and analysis of the

relevant laws, regulations and

treaties currently in force in the

Name of Assignment: Haitian - Dominican Binational Private

Investment Projects

Year: May 2015 to present

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two countries

• Confirmation of the compatibility

between the 2 national legal

regimes

• Determination of the main

constraints and obstacles

• Recommendations as to the

amendment of existing legislation

or enactment of new regulations

to create an enabling environment

• SWOT analysis of each legal

option for the establishment of a

Special Economic Zone

• Determination of the legal

implications and actions required

Location: Dominican Republic & Haiti

Client: Dom Rep and Haitian Binational Commission/

Inter-American Development Bank


▪ Legal feasibility study relating to the development of

binational investment projects on the public-private

partnership basis;

▪ Determination of the various legal options to establish a

Special Economic Zone at the border of Haiti and the

Dominican Republic and develop public-private investment

projects;

▪ Formulation of recommendations with respect to legal,

regulatory and institutional actions;

▪ to be undertaken in order to improve commercial

integration and to achieve more balanced trade exchanges

between the two countries;

▪ Definition of a short to medium term action plan and a road

map for its implementation.

Position Held: Team Leader - International legal expert


▪ Conduct a diagnostic study on the legal and regulatory

environment relating to the development of private sector

participation, foreign direct investment, trade exchanges

between the two countries and within the Caribbean region;

▪ Identification and definition of the different legal options,

▪ Definition of short and medium-term action plan based

upon:

- the selected option

- The priorities identified

▪ Definition of a road map.

• Design and conduct of a two day

workshop on the following

topics:

• Introduction to the legal

documents that need to be

prepared as part of a PPP project;

• Documentation for the

qualification and evaluation

stages of a PPP procurement;

• Introduction to the main standard

clauses in a PPP project /

concession agreement;

• Project specific issues, in

particular design and build

availability and performance

measurement and impact on any

payment mechanism.

Name of Assignment: Public-Private Partnership (PPP)

Training Workshop on Legal Implications of PPPs

Year: March 2015 Location: Jamaica Client: Development Bank of Jamaica Ltd/ IDB funds Main Project Features: Presentation on (i) Introduction to

the legal documents that need to be prepared as part of a PPP

project; (ii) documentation for the qualification and evaluation

stages of a PPP procurement; (iii) Introduction to the main

standard clauses in a PPP project / concession agreement; (iv)

project specific issues, in particular design and build,

availability and performance measurement and impact on any

payment mechanism.

Position Held: International legal expert; Activities Performed:

Design and conduct of a two day workshop for the

managerial staff of the Jamaican Development Bank, the

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Ministry of Finance and the Ministry of Justice involved

in the promotion, development and implementation of

PPP projects

• Legal due diligence

• Legal feasibility

• Risk analysis and assessment

• Legal and institutional structuring

• Drafting of procurement

documentations

Name of Assignment: Pre-Feasibility Analysis Report for the

rehabilitation and/or construction of agriculture storage

(Warehouse) infrastructure

Year: December 2014 to March 2015

Location: Ghana

Client: IDA/WB/Inclam

Main Project Features: Improvement of the investment

climate for agri-business and establishment of inclusive PPPs

aimed at increasing on-farm productivity and value addition in

selected value chains

Position Held: Legal expert


▪ Strengthening investment promotion infrastructure and

facilitating secure access to land;

▪ Securing PPPs and small-holder linkages in the Accra

Plains;

▪ Securing PPPs and small-holder linkages in the area under

the Savannah Accelerated Development Authority

(SADA)

▪ Project management and monitoring and evaluation

• Drafting of procedure manuals

for the PPP projects evaluation,

procurement, negotiation,

implementation and supervision;

Preparation of Draft PPP

regulations;

• Identification of PPP projects

pipeline with the contracting

authorities;

• Assistance to the assessment

process and structuring of pilot

projects.

Name of Assignment: Technical Assistance for the

strengthening of the Public-Private Dialogue Permanent

Secretary capacities in developing and implementing PPP

transactions

Year: November 2014 to May 2016

Location: Burundi

Client: Public – Private Dialogue Permanent Secretary

Main Project Features: Implementation of the PPP law and

related regulations



▪ Design of an action plan for the establishment and

operation of the PPP unit, including the determination of a

recruiting program, the definition of the TdR of the PPP

unit expert and of the PPP unit;

▪ Design and animation of training sessions and of a

capacity building program for the PPP unit staff as well as

public and private stakeholders;

▪ Drafting of procedure manuals for the PPP projects

evaluation, procurement, negotiation, implementation and

supervision;

▪ Preparation of Draft PPP regulations;

▪ Identification of PPP projects pipeline with the contracting

authorities;

▪ Assistance to the assessment process and structuring of

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pilot projects.

• Development of private sector

• Support of the SMEs in their

access tothe financial market

• Structuring of an incubation

investment fund

• Private investment in the Bio and

Renewable energy sector

Name of Assignment: Sustainable Energy Incubation &

Development Fund in support of business in bio and

renewable energies in the Caribbean

Year: September 2014 to April 2015

Location: Caribbean Region

Client: Caribbean Export Development Agency/BizClim/ ITC Main Project Features: Feasibility study related to the

establishment and operation of an Incubation-baked

investment fund in support of SMEs involved in bio and

renewable energies

Position Held: Team Leader - Legal expert


▪ Assistance to the Caribbean Export Development Agency

in assisting Caribbean countries in deploying an Incubator-

baked Fund to enable faster production and use of

sustainable energies, including:

▪ The organization of a 2-day workshop with regional and

international experts, private sector, local industries, policy

makers, technology providers and financial institutions;

▪ The conduct of a feasibility study relating to the

structuring, establishment, operation and management of

the Incubation Fund;

▪ The determination of an on-line platform main features and

content to provide support for the assessment of

sustainable energy projects and assistance to aspirant

businesses and early stage firms.

• Drafting and negotiation of

shareholders‘ agreement

• Drafting of O&M contract

• Drafting of the Power Purchase

Agreement with the electricity

public utility

• Structuring of the security package

Name of Assignment: Assistance to the Independent Energy

Producer in the Design, Financing, Building, Operation and

maintenance of a solar power plant project in Djermaya Year: July 2014 to present

Location: Chad

Client: CDEN

Main Project Features: Development and legal structuring of

the construction, operation and maintenance of a solar plant

Position Held: legal counsel


Advise the project sponsor on the development and

implementation of a solar power plant project, including the

drafting of the investment convention with the government,

the power purchase agreement and the relating security

package and sovereign guarantees.

• Drafting of the PPP law and related

regulations, including the

establishment of a PPP Unit

• Determination of the institutional

Name of Assignment: Improvement of the PPP legal and

institutional framework

Year: July 2014 to May 2015

Location: Haiti

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organization for the assessment,

development, procurement,

implementation and monitoring of

PPP projects

• Definition of PPP training sessions

for the public as well as the private

sector

Client: Ministry of Economy and Finance/IADB Funds

Main Project Features: Development of the PPP legal and

institutional framework

Position Held: Team Leader - legal expert


Drafting of a PPP law and related regulations governing the

evaluation, development, procurement and implementation of

PPP projects, including the establishment of a PPP unit, the

procurement procedures (Competitive Dialog and Unsolicited

proposals assessment mechanisms) as well as the audit and

supervision procedures.

• Identify models: Identify the

various ownerships, the legal and

regulatory regime applicable and

its implications on the legal status

and contractual scheme as well

as operating models available for

the financing, construction,

ownership and on-going

management of water

infrastructure assets

• Evaluate models: Assess the

implications of each model

(DFBMO, Lease/affermage,

management), outlining the

strengths, weaknesses, risks,

liabilities and other key aspects of

the arrangement.

• Recommendations: Based on the

assessment and case studies,

provide clear recommendations

regarding the optimum asset

ownership and management

model(s) to be employed by

CRIDF

• Instrument identification: For

each recommended model,

identify the required legal,

financial and governance

instruments/agreements that will

be required

• Draft required legal

instruments: Prepared the agreed

framework

instruments/agreements

Name of Assignment: Climate Resilient Infrastructure

Development Facility (CRIDF) - Asset ownership and

management model

Year: November 2013 to April 2014

Location: Angola; Botswana; Lesotho; Malawi; Namibia;

Mozambique; South Africa; Swaziland; Tanzania; Zambia;

Zimbabwe

Client: ASI/ Climate Resilient Infrastructure Development

Facility (CRIDF)/DFID

Main Project Features: Technical and/or financial support to

the implementation of a wide range of small-scale water

infrastructure projects in Southern Africa.

Position Held: legal expert


• identify different models for the ownership and

management of assets that will be created under CRIDF

projects, and to outline the legal, financial and governance

issues and implications of each;

• recommend the preferred model(s) for CRIDF that are

practical and feasible for use within the context of CRIDF.

• outline the various instruments and/or agreements that will

be required to be developed for each model.

• Review legal and policy Name of Assignment: Gurara Power Generation, Irrigation

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documents as it pertains to the

development of a legal and

regulatory framework for PPPs in

the water sector

• Conduct an assessment of Water

Sector’s Legal environment

including PPPs (identify legal

constraints to PPPs and

recommend way forward)

• Review existing Road Map

developed for water sector

• Provide legal advice to the other

team members' water sector input

on the OBC

• Carry out legal due diligence on

the right to concession the

Infrastructure

• Review the draft water license

agreement and procedures Project

deliverables

• Review the water tariff document

• Advise on the procurement

process and transitional

arrangements

• Review (legal implication on)

selection of a preferred PPP

option

• Undertake workshop to share

reports with FMoWR

and Water Supply PPP project - Development of Outline

Business Case

Year: September to December 2013

Location: Nigeria

Client: Federal Ministry of Water Resources PPP UNIT/ASI

Main Project Features: (i) Accelerate development of the

Gurara Power Generation, Irrigation and Water Supply PPP

project; (ii) Enhance professional capacity of staff in the PPP

Unit.

Position Held: Senior legal adviser


▪ Assessment of the legal and regulatory framework

applicable to the contemplated project, including legal due

diligence on the right to concession the Infrastructure;

• Advise on the procurement process, the contractual

structuring and transitional arrangements;

• Determination and legal implications on the selection of a

preferred PPP option.

• Legal, institutional and regulatory

assessment relating to the

definition of the procurement

procedure(s) applicable to the

transactions contemplated with

different categories of private

investors

• Identification of legal and

administrative evaluation criteria

with respect to the pre-

qualification and selection phase

• Drafting of all tender documents,

including draft contracts

• Assistance in the selection of the

preferred bidders

Name of Assignment: “Technical Assistance for the

development of the Bagré, zone promotion strategy with

respect to the structuring of viable transactions”

Year: April 2013 to March 2014

Location: Burkina Faso

Client: Bagrépôle – Chamber of Commerce – World Bank

Funds/IOS Partners


Position Held: Legal expert – Team Leader


• Identification of the procurement procedures adapted to the

nature of the contracts to be entered into with the private

investors and preparation and drafting of the tender

documentation;

• Preparation and drafting of the tender documentation;

• Selection of the private investors and assistance in the

negotiation of the land lease/management contracts.

• Assessment of the legal, Name of Assignment: “Consultancy to Support the

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institutional and regulatory

framework that may applicable to

PPP transactions

• Formulation of recommendations

to structure an enabling legal and

regulatory framework to promote

and develop PPP projects

• Definition of the PPP concept in

light of the existing legislation in

force in Haiti

• Identification of PPP contracts

and State-owned management

contracts and relating procedures

with respect to positive law

prevailing in Haiti

• Clarification on the respective

role and responsibilities of the

State and local authorities in the

implementation of PPP projects

Implementation of the Regional Public-Private Partnerships

Advisory Services Program”

Year: June 2013 to March 2014

Location: Haiti

Client: Ministry of Finance – PPP Unit – IADB Funds

Main Project Features: Diagnostic study relating to the legal,

institutional and regulatory environment applicable to the

development of PPP project


Activities Performed: Diagnostic study relating to the legal,

institutional and regulatory environment applicable to the

development of PPP project

• Provide recommendations for

amendments, revisions, or

additions to such laws and regulations

• Participate in stakeholder

consultations regarding the

origins of identified policy

constructs and the implications of

the proposed amendments; and

• Codify stakeholder feedback

against recommendations and

issue a final report on proposed

amendments, revisions and/or

additions

• Assist the Ministry of Finance to

obtain government concurrence

with proposed amendments and

draft the amendments required to

strengthen key legislation and

regulations and to the level

appropriate to support PPP

investment and operations.

• Draft a model concession

agreement (for infrastructure and

service sector) and, as directed,

model project contracts between

government and the private sector

• Support the team leader in

Name of Assignment: Capital Market and Infrastructure

Capacity Support Project

Year: April 2013 to October 2014

Location: Nepal

Client: Ministry of Finance – Deloitte India / Asian

Development funds

Main Project Features: Assistance to the Government of

Nepal (MoF) in designing and enabling policy and institutional

framework for greater private sector participation in

infrastructure



• conducting an inventory and suitability assessment of laws

and regulations for enabling PPP transactions, and providing

recommendations for amendments, revisions;

• developing PPP manuals and a process handbook;

• building the operational and information technology

capacity of the central PPP cell;

• developing a coordination mechanism with each line

ministry PPP cell; and

• implementing PPP training programs

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information dissemination and

capacity-building activities

• Analysis of existing contracts,

agreements, MoUs, commercial

covenants, terms and conditions,

pertaining to the subject

concession agreement. • Assess the commercial, viability

of the concessions agreement

including, but not limited to,

necessary guarantees (e.g.,

performance)

• Assess the institutional,

regulatory and contractual

implications of the proposed

concession agreement

framework.

Name of Assignment: Investment Promotion Within The

Egyptian Transport Sector - Expansion Of The Liquid Bulk

Terminal, Sokhna Port, Red Sea Port Authority

Year: February to June 2013

Location: Egypt

Client: Ministry of Transport – Red Sea Transport Authority /

EU funds

Main Project Features: Assistance to the MoT Investment

Unit and the Red Sea Port Authority to provide with

transaction advisory expertise in order to perform a

comprehensive financial valuation, assessment, and appraisal

for structuring, revising and negotiating the concession

agreement.

Position Held: Legal and institutional expert


• Review existing contracts, agreements, MoUs, commercial

covenants, terms and conditions, available financial

information, etc. pertaining to the subject concession

agreement;

• Contrast terms of the subject concession agreement against

past concession agreements within the Egyptian Maritime

sector and other best practices in order to gauge

competiveness and draw from past experiences.

• Assess the commercial, economical, and financial viability

of the concessions agreement including, but not limited to,

necessary guarantees (e.g., performance, etc.), project cycle

cost, optimum duration and conditions, CAPEX, OPEX,

EIRR, FIRR, ROI, etc.

• Prepare optimal value for money delivery method, Public

Sector Comparator (PSC) analysis, risk analysis (i.e.

allocation, assessment, cost, etc.) and other base line data;

• Assess the institutional, regulatory and contractual

implications of the proposed concession agreement

framework.

• Draft of PPP regulations

• Institutional establishment of a

PPP Unit

• Definition of Public Private

Dialogue Secretariat strategy and

action plan

• Capacity building

Name of Assignment: Technical Assistance to the

Permanent Secretary of the Dialog and Consultation

Framework between the Public and Private Sector

Year: February to June 2012 Location: Burundi Client: Permanent Secretariat of the Dialog and Consultation

Framework between the Public and Private Sector / IDA Main Project Features: Technical assistance to the

Permanent Secretary of the Dialog and Consultation

Framework between the Public and Private Sector in

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establishing a strategy and action plan for the development of

PPPs aimed at implementing projects contributing to the

sustainable development of the Burundian economy. Position Held: Team leader

Activities Performed: ▪ Design of a strategic plan for the Dialog and Consultation

Framework between the Public and Private Sector;

▪ Preparation of Draft PPP regulations;

▪ Establishment of a capacity building program;

▪ Provision of technical assistance to facilitate the

commencement of the Dialog and Consultation Framework

between the Public and Private Sector activities.

• Legal Feasibility Study

• Preparation and drafting of tender

documentation

• Drafting of power purchase

agreement

Name of Assignment: Green Power Wind Farm Project

Year: February 2010 to January 2012 Location: Dominican Republic Client: Comisión Nacional de La Energía / Equitao Main Project Features: French Government - FASEP funds Position Held: Legal Expert Activities Performed: Responsible for the legal feasibility study regarding the implementation and operation of a wind farm within a concession contractual framework, including the preparation of tender documentation, the drafting of the power purchase agreement and the partnership arrangements.

• Supervision of the legal

feasibility study

• Legal due diligence and analysis

of the different PPP schemes

• Preparation of the procurement

documentation

Name of Assignment: Feasibility of a High-Speed Train

Year: November 2008 to October 2009 Location: Brazil Client: Banco Nacional de Desenvolvimento Econômico e

Social (BNDES) and Agência Nacional de Transportes

Terrestres (ANTT) / IADB/ Nathan Associates Main Project Features: Advising on the preparation of bidding documentation for the design, financing, construction, operation and maintenance of the High-Speed line (ATV) between Rio de Janeiro and Sao Paulo (416 km) Position Held: Rail Concessioning Legal Specialist Activities Performed: Advise the BNDES and the transport regulatory agency on the feasibility, structuring and preparation of the bidding documentation of the High-Speed Train Rio de Janeiro- Sao Paulo under a PPP scheme.

• Analysis of the prevailing

situation among East African

IOs;

• Identification of Project Advisory

Units (PAU) staffing needs

• Benchmarking Against Best

Name of Assignment: Reinforcing the Capacity of

Intermediary Organizations (IOs) in East Africa to Identify,

Develop and Promote Public Private Partnerships (PPPs) for

Infrastructure

Year: December 2010 to March 2011

Location: Burundi-Kenya-Rwanda-Uganda

15

Practice in IO promotion of

private sector PPP engagement

• Establishment, Staffing and

Training Design for PAUs

• Training Design and Capacity

Building

Client: Center for the Development of Enterprise

/PRO€INVEST/BKP Development


Position Held: PPP Legal Expert

Activities Performed: Advise and assist selected intermediary

organizations (chamber of commerce, professional

organizations…) of some member States of the East African

region in establishing Public Private Partnership Project

Advisory Units (PAU).

• Analysis of all contractual

documentation (operation and

maintenance agreement, tariff

structure, correspondences etc.)

pertaining to the operation and

management of the hydroelectric

plant and interconnection system

• Conduct interviews with all

parties involved in the dispute

Name of Assignment: “Study relating to the trial energy

period of the hydroelectrical dam of Manantali”

Year: November 2010 to December 2011

Location: Mali

Client: Société de Gestion de l’Energie de Manantali

(SOGEM) et Energie du Mali (EDM)/SOFRECO



Activities Performed: Advise SOGEM and EDM to settle

their dispute relating to the implementation and management

of the hydroelectric plant and interconnection system of

Manantali between Mali, Senegal and Mauritania.

• Review and recommend policy

actions aimed at promoting PPP

projects and strengthening

private sector participation in

public infrastructure

• Diagnostic study relating to the

legal and regulatory framework

pertaining to PPP transactions

• Proposals and recommendations

of an harmonized PPP legal and

regulatory framework for the

financing and management of

transport infrastructure in

Central Africa

Name of Assignment: Harmonization of legal and regulatory

PPP framework in the Transport Sector in the CEEAC region

Year: June 2010 to June 2011

Location: ECCAS (Economic Community of Central African

States) Member Countries

Client: BDEAC / PRO€INVEST /BKP Development


Position Held: Team Leader – PPP Expert

Activities Performed: Advised the Development Bank for

Central African States on the development and promotion of

private sector investments in transport infrastructures. Proposal

for the harmonization of the legal and regulatory framework

relating to Public Private Partnerships and action plan to be

implemented by the relevant regional organizations,

comprising the rules governing the structuring and operation of

SPC for the construction, management and operation of the

infrastructures.

• Advise the concessionaire on the

procurement of the supply,

installation and commissioning of

hydroelectrical equipment

• Drafting of tender documentation

• Analysis and selection of bids

submitted by the tenderers and

negotiation with the preferred

bidders

Name of Assignment: Hongrin Leman

Year: April 2010 to January 2011

Location: Switzerland

Client: EDF/Emergence Consult

Main Project Features: Private funds

Position Held: Legal Counsel

Activities Performed: Legal assistance to the SPC/PPP

concessionaire in connection with the preparation of the

16

• Negotiation and drafting of supply

and construction contracts

bidding documentation and negotiation of the ensuing turnkey

contracts for the supply and installation of hydro-electrical

equipment relating to the construction of a hydraulic power

plant in Hongrin-Léman.

• Study on PPP Best Practices

and definition of a standardized

PPP contract and common

procurement procedures,

identifying pitfalls and

shortcomings

• Organization of a 2-day

Validation workshop to discuss

and disseminate the findings

and tools of the study to the 19

Investment Promotion

Agencies.

• Defining a standardized PPP

contract and common

procurement procedures,

• Elaborating a self-diagnosis

tool to appraise the degree of

maturity of a given country,

• Preparing a roadmap for

Governments to set up the

proper environment for

developing PPP projects.

Name of Assignment: Fostering the development of PPP models in the COMESA region

Year: February to July 2009

Location: COMESA Member Countries

Client: COMESA (Common Market for Eastern and Southern

Africa) Regional Investment Agency /BKP Development

Main Project Features: ACP Business Investment Climate /

EDF

Position Held: PPP Expert

Activities Performed: Study on PPP best practices and

definition of PPP contract and common procurement

procedures, including SPV structuring and definition of

shareholders roles and responsibilities, with respect to public

utilities, energy, water supply, transportation, health and

education in the COMESA member countries.

• Water Policy & Legal Framework

for PPP

• Analysis of the legal and

regulatory environment

• PPP Project Pipeline Review

Name of Assignment: Policy and legal frameworks review

toward supporting PSP and identify potential PPP projects in

the water sector

Year: October 2008 to February 2009

Location: Nigeria

Client: Nigeria Infrastructure Advisory facility (NIAF) /

DFID/ASI

Main Project Features: Assistance to the Ministry of

Agriculture and Water Resources to review the policy and

legal frameworks toward supporting PSP and identify potential

PPP projects in the water sector

Position Held: Legal Expert


▪ Review of Water Policy & Legal Framework for PPP -

analysis of the legal and regulatory environment applicable

to the water sector, definition of public procurement

procedure relating to PPP, including minimum requirements

with regard to the terms and conditions of PPP agreements,

allocation of risks between the private and public sector,

determination of sovereign guarantees to be issued by the

Federal Government in support of PPPs;

17

▪ Water PPP Project Pipeline Review - provided legal

guidance and recommendations in connection with the

identification and feasibility of selected PPP projects.

• Assist Kano State Water Board

in determining the baseline

revenue collection performance

and other outstanding issues.

• Provide guidance to Kano State

Water Board on routine

management of the management

and operation and contract.

• Review the background

information relating to relating

to operational performance

specifications (output and

quality) of the water treatment

plant.

• Review all relevant documents

associated with the contractor’s

contract proposal to identify

potential short-comings and,

where appropriate, make

recommendations for

improvements where necessary.

• Provide guidance to KnSWB on

routine management of the

contract.

• Recommendations for legislative

and regulatory framework to

improve law implementation and

enforcement.

Name of Assignment: Development of the Tamburawa Water

Treatment Plant

Year: June to November 2008

Location: Nigeria

Client: Nigeria Infrastructure Advisory facility (NIAF) /

DFID/ASI

Main Project Features: Support to the Kano State Water

Board in negotiating and implementing a management

agreement with the private contractor and with the private

operator with regard to the O&M of the Tamburawa Water

Treatment Plant and help to develop procedures for effective

contract administration and management over the duration of

the contract.

Position Held: Legal Expert

Activities Performed: Assistance to the Kano State Water

Board in the negotiation, development and management of the

contract for the operation and maintenance of the Tamburawa

Water Treatment Plant and the development and management

of the commercial operation of the Board. Assistance to the

Ministry of Agriculture and Water Resources to review the

policy and legal frameworks toward supporting PSP and

identify potential PPP projects in the water sector.

• Assessment of the legal and

regulatory framework pertaining

to the water and agricultural

sector, and to the protection of

the environment;

• Design of a Draft Policy

Framework for the sea and river

defence sector, including the

definition of an institutional

framework and an administrative

coordination system;

• Preparation of the project

management cycle;

• Definition of strategic objectives

and action plan with regard to

Name of Assignment: Institutional Framework of Sea and

River Defence Sector

Year: April 2008 to October 2008

Location: Guyana

Client: European Development Fund – SPSP/ ECORYS

Main Project Features: Legal and Regulatory Framework

Position Held: Legal and Institutional Expert

Activities Performed: Assessment of the legal and regulatory

framework. Design of a Draft Policy Framework for the sea and river defense sector under the European Sector Policy Support Program in Guyana, including the definition of an institutional framework and an administrative coordination system.

18

Strengthening of legal and

Institutional Framework and Law

Enforcement;

• Conduct consultation and

workshop and draft questionnaire

addressed to the different

stakeholders.

• Drafting of the tender

documentation

• Drafting of the Development,

Operating and Maintenance

Agreement

• Revision and discussion of the

Term Sheet

• Revision and amendment of the

Industrial Terminal User

Agreement

Name of Assignment: Aqaba Port Relocation Project Year: February 2008 – May 2008 Location: Jordan

Client: Aqaba Development Corporation / USAID/Bearing

Point Jordan Main Project Features: Asset Management and Private Investment Participation Position Held: Legal and Institutional Expert Activities Performed: Advise on the legal transaction strategy for the Aqaba Port Relocation Project with respect to the improvement of asset management systems and procedures for private investment participation in the Aqaba Specific Economic Zone within a public private partnership framework. Preparation and reviewing of tender documentation, (including user and concession agreements, guarantees and other related documents).

• Analysis of the institutional

framework of the water sector

• Determination of the institutional

and regulatory options for the

establishment of a sub basin

authority

Name of Assignment: Tana Beles Integrated Resource

Development Project

Year: November 2007 to April 2008

Location: Ethiopia

Client: Ministry of Water Resources / World Bank

Funds/ BRL Ingenierie

Main Project Features: Institutional and Regulatory

Framework

Position Held: Legal and Institutional Expert

Activities Performed: Advised on the legal, institutional and

regulatory aspects of the Tana Beles Integrated Resource

Development Project, including analysis of the institutional

gap and determination of the institutional and regulatory

options for the establishment of a sub basin authority.

• Verification and update of the

underlying transaction

parameters to reflect recent

changes, if any;

• Preparation of a Request for Pre-

Qualification to potential

bidders/operators;

• Development of Pre-

qualification Criteria;

• Design of a Marketing Strategy

Name of Assignment: Dead Sea Wastewater Treatment Plant Year: June 2007 – November 2007 Location: Jordan Client: Executive Privatization Commission/European

Development Fund/Pohl Consulting

Main Project Features: design and implementation of a

Public Private Partnership (PPP) transaction for the

construction and operation of a waste water treatment plant for

19

targeting potential

bidders/operators;

• Preparation of an Information

Memorandum;

• Development of the Draft

Request for Proposals (RfP),

including Draft PPP

Agreements;

• Development of Bid Evaluation

Criteria.

irrigation and landscaping purposes on the North-East Coast of

the Dead Sea. Position Held: International Senior Legal Expert

Activities Performed: Preparation and drafting of all

contract documents related to an international tender,

including the PPP agreement, in connection with the design,

financing, construction, maintenance and operation of a

wastewater treatment plant for irrigation and landscaping

purposes structured on the basis of a BOT contract on the

North-East side of the Dead Sea. Consultation with the

Ministry of Water and Irrigation and the Water Authority of

Jordan to assess the appropriate legal and institutional

framework for the implementation of the project and define

guidelines and basic principles with respect to the allocation

and management of equitable water rights to farmer

community.

• To provide project management

support to the PIU organized for

the measure by the Municipality

of Bucharest;

• To provide Technical Assistance

for all other functions of the PIU

and requirements of the

Financing Memorandum;

• To review the process of capital

investment carried out by the

Municipality;

• To secure a sound

implementation of the works

contract including the

environmentally friendly

disposal of significant quantities

of redundant material;

• To monitor the performance of

the Supervision Engineer and the

Works Contractor and to

negotiate stage 2 contracts;

• To monitor the work to be

carried out by ANB in reducing

water network losses and water

consumption;

• To develop a master plan for the

sewerage collection service of

Bucharest with an aim to

significantly reduce the very

high level of infiltration;

• To secure funding for stage 2 of

Name of Assignment: Bucharest Wastewater Treatment Plant

Rehabilitation Project

Year: January to December 2007

Location: Romania

Client: Municipality of Bucharest / EU Commission, EIB

& EBRD Funds/ Halcrow

Main Project Features: improvement of the environmental

infrastructure in the waste water sector of Bucharest, capital

city of Romania, candidate country for accession to the EU,

with the purpose of meeting the obligations laid down in the

Accession Partnership. The measure is to provide first time

effective wastewater treatment for a part of the sewage flows

and partial treatment of the remaining flows currently being

discharged untreated at the partially constructed works.

Position Held: International Senior Legal Expert

Activities Performed: Technical assistance for project

management and implementation of the Bucharest Wastewater

Treatment Plant Rehabilitation Project, including analysis and

review of all legal aspects pertaining to the implementation of

the financing agreements (IPSA, EIB and EBRD), drafting and

negotiation of the amendments to the Concession contract with

the operator, involving the economic regulator and the

technical regulatory body, the establishment of a capital

investment management fund and the training of project

implementation unit personnel, comprising institutional

strengthening and dissemination of best practice.

20

the project so that Bucharest can

comply with its commitment to

treat all of its domestic and

industrial sewage;

• Secure the successful transfer of

the works to the works operator

at agreed costs and tariffs;

• Monitor the wastewater &

sewerage development fund to

be set up to collect tariffs for

initial wastewater treatment

operation, loan repayments and

other works;

• To provide a suitable promotion

of the ISPA Measure and public

awareness for the works

contract.

• Verification and update of the

underlying transaction

parameters to reflect recent

changes, if any;

• Preparation of a Call for

Expressions of Interest (EoI) to

potential bidders/operators;

• Development of Pre-

qualification Criteria;

• Design of a Marketing Strategy

targeting potential

bidders/operators;

• Development of the Draft

Request for Proposals (RfP),

including Draft PPP

Agreements;

• Development of Bid Evaluation

Criteria.

• Support the EPC and the

Technical Committee in drafting

replies to two rounds of

questions and answers.

• Support the EPC and the

Technical Committee in the

bidders’ conference.

• Finalize the BOOT contract and, if

applicable, other transaction documents.

Name of Assignment: Waste Treatment Plant Development

Year: August 2006 to October 2007

Location: Jordan

Client: Executive Privatization Commission (EPC)

/European Development Fund/ Pohl Consulting

Main Project Features: Preparation of bidding documents

Position Held: International Legal Expert

Activities Performed: Preparation and drafting of all

documents related to an international tender, including the PPP

agreement, in connection with the design, financing,

construction, maintenance and operation of a combined

medical and industrial waste treatment plant structured on the

basis of a BOOT contract. Participation to the tender

consultative phase and the selection of the preferred bidder.

• Provide an adequate legal

and institutional framework for

reform of the SNEC

Name of Assignment: Legal assistance to the Cameroonian

National Water Company (SNEC)

Year: September 2005 – June 2006

21

• Selection and procurement

of a private operator for the

rehabilitation and extension

of the drinking water

supply facilities

• Recommendations and

Guidelines relating to the

Reform of the irrigation

sector

Location: Cameroon

Client: Technical Commission on Privatization and

Liquidation/ World Bank funds/ Emergence consult

Main Project Features: Institutional and Regulatory Aspects

Position Held: Senior Legal Expert


-Advise on the institutional and regulatory aspects for the

design and implementation of a public private partnership

with the Cameroonian national water company.

-Assistance to the establishment of new public bodies

-Preparation and drafting of the tender documents,

including the contract documents, in connection with the

leasing and management contract for the development of

drinking water supply facilities and for rehabilitation and

extension works under an EPC contract.

• PPP Contract Diagnostic Study

• Assistance to Contracting authority and Regulation

authority

• Tariff study

• Drafting of PPP contractual

documentation, including

security package

• Design of a negotiation strategy

Name of Assignment: Analysis and renegotiation of the

concession agreement relating to the Electricity Sector

Year: October 2005 – May 2006

Location: Cameroon

Client: The Regulatory Authority for the Electricity

Sector (ARSEL) / World Bank Financing/ Emergence

Consult

Main Project Features: Contractual Framework


Activities Performed: Advise the Government of Cameroon

and ARSEL on the analysis and renegotiation of the

contractual framework and the terms and conditions of the

concession agreement of the electricity sector between the

Government of Cameroon and the private operator, AES

SONEL, within a divestiture program. Drafted and negotiated

amendments to the production, energy transportation and

distribution contracts for this project.

Name of Assignment: Gas-Solar Hybrid Plant Development

Year: March 2005 – January 2006

Location: Algeria

Client: New Energy Algeria, Spa/ Sonatrach/ Emergence

Consult

Main Project Features: Preparation of bidding materials


Activities Performed: Participate in the revision and drafting

of the General Conditions (TOR, Instructions to Bidders) and

contractual documents (EPC contract, power purchase

agreements, security package) with respect to the issuance of a

call for bids for the financing, construction, operation,

maintenance and sale of a hybrid (gas – solar) plant on a

B.O.T. basis.

22

• Analysis and comments on the

ToR; including the draft EPC and

O&M contracts

• Drafting and negotiation of

development partnership and

shareholder’s agreement relating

to the respective role and

responsibilities of the project

investors and sponsors

Name of Assignment: Rail Transportation BOT Project

Year: 1999 – 2000 Location: Spain Client: Alstom Transport – System Business Unit Main Project Features: Contractual Framework Position Held: Legal Director

Activities Performed: Negotiation and implementation of

the contractual framework of the first rail transportation

BOT project in Spain, including negotiation with

governmental and regional authorities of Spanish and E.U.

public procurement regulations, joint development and

shareholders’ agreements with the promoters, investors,

contractors and operators involved in this project.

13. Certification

I, the undersigned, certify that to the best of my knowledge and belief, this CV correctly

describes myself, my qualifications, and my experience. I understand that any wilful

misstatement described herein may lead to my disqualification or dismissal, if engaged.

Monique Bolmin November 28, 2016

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