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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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
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
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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
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.
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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
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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.