Curriculum Vitae (CV) for Proposed Professional Staff · Curriculum Vitae (CV) for Proposed...
Transcript of 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
Activities Performed:
▪ 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
Activities Performed:
▪ 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
Main Project Features:
▪ 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
Activities Performed:
▪ 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
Activities Performed:
▪ 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
Position Held: Legal expert
Activities Performed:
▪ 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
Activities Performed:
▪ 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
Activities Performed:
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
Activities Performed:
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
Activities Performed:
• 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
Activities Performed:
▪ 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
Main Project Features:
Position Held: Legal expert – Team Leader
Activities Performed:
• 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
Position Held: International legal expert
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
Position Held: International legal expert
Activities Performed:
• 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
Activities Performed:
• 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
Main Project Features:
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
Main Project Features:
Position Held: Legal expert
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
Main Project Features:
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
hydro- electrical 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
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• 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
Activities Performed:
▪ 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
Activities Performed:
-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
Position Held: Senior Legal Expert
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
Position Held: Senior Legal Expert
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