Request For Expressions Of Interest For Legal Advisory Services To Develop Model Agreements For The Energy Sector

REPUBLIC OF RWANDA MINISTRY OF INFRASTRUCTURE
TRANSACTION ADVICE AND CAPACITY BUILDING PROJECT FOR THE ENERGY SECTOR
REQUEST FOR EXPRESSIONS OF INTEREST FOR LEGAL ADVISORY SERVICES TO DEVELOP MODEL AGREEMENTS FOR THE ENERGY SECTOR

Background:

The Government of Rwanda (GoR) represented by the Ministry of Infrastructure (MININFRA) has received funding from the Investment Climate Facility for Africa Trust (ICF) for the implementation of support to the Energy and Power Sector in Rwanda in order to reduce the barriers to investment and economic growth. A capacity building and transaction advice project has been developed by MININFRA in cooperation with ICF, that is meant to address shortfalls in expertise in the Energy Sector in Rwanda, not only in the Ministry itself but also in the utility regulating agency (RURA) as well as the power utility (RECO).
The Ministry of Infrastructure intends to apply part of the proceeds to the procurement of legal advisory services and now invites applications from eligible Law Firms to provide services for the development of model agreements for the Energy Sector such as Power Purchase Agreements, Concessions and related agreements.

Objectives:

In order to achieve its ambitious objectives to massively increase power generation and access to electricity, the Ministry of Infrastructure will depend increasingly on involving the private sector into power generation projects in order to raise available financing and develop all local resources efficiently.

As a strategy to provide a conducive legal and institutional framework for private investments in the power sector, an Electricity Law has been recently passed while the Gas Law is currently under review by Parliament. The enforcing regulations of the two laws shall comprise inter alia model or standard agreements for use in negotiations with private investors.
So far no standard or model agreements exist for the development of energy resources such as hydropower, geothermal, methane gas to power, or peat to power. However it will ease negotiations with the private sector if template agreements can be availed for concessions and power purchase agreements. In addition, as complement tools for the legal framework, the template agreements will play a significant role in regulating the power sector in Rwanda

The template or model agreements that shall be developed include:

- Memorandum of Understanding, Non Disclosure Agreements, Letters of Intent
- Power Purchase agreements for different projects such as hydropower, geothermal, peat and methane gas
- Concession agreements for energy projects: Peat Concession Agreements, Gas Concession Agreements, Geothermal Concession Agreements
- Fuel supply agreements (for example steam supply agreements in order to allow IPPs to buy steam from a developer, or equivalent gas or peat supply)
- Management Contracts for power plants (for example for the Government owned hydropower plants)
- Engineering, Procurement and Construction Contracts

It is expected that the selected consultant will study the relevant existing legislation and harmonize templates accordingly. Wherever relevant legislation does not yet exist the consultant shall use the international best practice.

Qualifications and Experience:

The Law Firm should demonstrate the experience of its lawyers and the firm in the following:

- International experience in legal and regulatory frameworks in energy sector.
- Proven qualification and skills in the development of legal agreements.
- Proven experience in the energy sector with regard to concession agreements and Power Purchase Agreements.
- Demonstrate experience in advising and assisting governments in energy transactions and private public partnerships.
- Demonstrate strong business standing by providing information on general consultancy experience, at least five (5) recent major assignments and names of three (3) credible referees including their telephone numbers and email addresses.
- Experience in the region is an added advantage.

Submission of Expressions of Interest:

Expressions of interest with relevant references for similar assignments should be submitted not later than 25th April 2011 to the:

ICF Transaction Advice and Capacity Building Project for the Energy Sector
Ministry of Infrastructure
Room 505
P. O. Box 24, KIGALI
eva.paul@mininfra.gov.rw

Only short listed companies will be requested for a technical and financial proposal