Ministry of Energy and Public Utilities

Request for Proposal

For

Provision of Expert Services under the Expert Skills Scheme for a Dam
Expert

Procurement No: MEPU/RFP/09/19-20.

Issued on: 10 January 2020

Ministry of Energy and Public Utilities

2nd Level, Sicom Tower, Wall Street, Ebene 72201
Telephone: (+230) 405 6701
Fax: 454 0743
mpu@govmu.org

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 Request for Proposal
LETTER OF INVITATION

Dear Sir/Madam,

Subject: Recruitment of a Dam Expert

1. You are hereby invited to submit technical and financial proposals for services required
under the Expert Skills Scheme of the Ministry of Finance, Economic Planning and
Development, circular 2 of 2017, which could form the basis for future negotiations
and ultimately, a contract between you and the Ministry of Energy and Public Utilities.

2. The purpose of this assignment is to assist its technical staff in the implementation of
dam projects, including the rehabilitation and monitoring of existing dams.

3. The following documents are enclosed to enable you to submit your proposal:

(a) Terms of Reference (Annexure 1);

(b) Supplementary information for Experts (Service Providers), including a
suggested format of curriculum vitae (Annexure 2); and
(c) Sample format of the Service Contract under which the service will be
performed (Annexure 3).
4. Any request for clarification should be forwarded via e-mail on
rballgobin@govmu.org. Request for clarifications should be received 14 days prior to
the deadline set for submission of proposals in para. 7.

5. The Government of the Republic of Mauritius requires that

bidders/suppliers/contractors participating in the procurement in Mauritius observe the
highest standard of ethics during the procurement process and execution of contracts.
Service Providers are advised to consult the website of the Procurement Policy Office
of Mauritius ppo.govmu.org to acquaint themselves with the legislations related to
procurement in Mauritius.

6. Eligibility
(a) Service Providers: For the purpose of this Scheme, the term Service Provider relates to
individuals, who are professionals/experts with proven expertise and experience in
relevant fields. Enlistments under this scheme shall follow the procurement process
similar to that of consulting services under the aegis of the Public Procurement Act
(PPA)
(b) A Service Provider that is under a declaration of ineligibility by the Government
of Mauritius in accordance with applicable laws at the date of the deadline for
bid submission and thereafter shall be disqualified.

(b) Proposals from Service Providers appearing on the ineligibility lists of African
Development Bank, Asian Development Bank, European Bank for
Reconstruction and Development, Inter-American Development Bank Group
and World Bank Group shall be rejected.

Links for checking the ineligibility lists are available on the PPO’s website:
ppo.govmu.org

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 (c) Service Providers should submit a statement on past and present declaration of
ineligibility, if any, by any international agency or any termination of contract
for unsuccessful completion of assignment, giving adequate details to enable a
fair assessment.

7. Submission of Proposals

The proposals from the service providers shall be submitted in one envelope,
including Technical and Financial proposals (in two separate inner envelopes),
and should follow the form given in the "Supplementary Information for
Service Providers." The proposals well labelled
“Dam Expert” Procurement No. MEPU/RFP/09/19-20.
and shall be deposited in the Bid Box of the

Ministry of Energy and Public Utilities,

Level 2, SICOM Tower,

Wall street, Ebene

by to 13H30 on Thursday 27 February 2020.

Proposals submitted by electronic mail or by fax shall be rejected

8. Criteria and point system

Criteria and point system for the evaluation of the Technical Proposals are:

SN Criteria Points
(i) Proposed methodology and work plan in responding to the 20
Terms of Reference (ToR)
a) Methodology 12
b) Work Plan 8

(ii) Service Provider qualifications and experience for the 70

assignment
a) Qualifications 30
b) Adequacy of the Service Provider’s experience in
40
meeting requirements of the ToR

(iii) Training of MEPU’s staffs 10

a) Training approach and methodology 5
b) Relevant experience in providing training under 5
similar assignment

Total points for the three criteria, i.e. for the Technical proposal: 100.

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9. Deciding Award of Contract

Qualification and experience of the Service Providers shall be of paramount importance

for the selection of the Service Provider. Proposals from Service Providers would be
retained for further consideration only if they score at least 70% of the total marks in
the evaluation of the Technical Proposal.

Proposals will be ranked according to their combined technical score (Ts) and financial
score (Fs) using the weights as follows:

S= Ts x 70% + Fs x 30%

The formula for determining the financial score (Fs) is as follows:

Fs = 100 x Fm/F, in which Fs is the Financial Score, Fm is the lowest price and F the
price of the proposal under consideration.

Only those Service Providers scoring a total of 70 marks on the overall assessment (i.e.
combined technical score (Ts) and financial score (Fs)) shall be considered for the
assignment. Negotiations will start with the Service Provider scoring the highest marks
and if negotiation is not successful, negotiation will start with the next best ranked
Service Provider and so on until an agreement is reached.

The Service Provider shall submit his/her proposal for remuneration inclusive of all
taxes as may be applicable. He/she is required to consult the Mauritius Revenue
Authority’s website, given below, prior to submission of proposal.

https://www.mra.mu/

The remuneration shall include cost of accommodation, communication abroad and

other incidentals related to mobilization and demobilization as well as local
transportation shall also be included in the monthly rate.
Should you be contacted for negotiations, you will be expected to provide all
clarifications on your proposal, as may be required to adjudge the reasonableness of
your remuneration.
10. The Ministry of Energy and Public Utilities reserves the right not to appoint any Service
Provider following this Request for Proposals.

11. The contract of the Service Provider shall be for an initial period of 1 year, renewable
on a yearly basis (or an agreed period between the Client and the Service Provider),
subject to Client’s needs and the Service Provider’s performance.

12. Please note that the cost of preparing a proposal and of negotiating a contract shall be
borne by the Service Provider and shall not be reimbursable.

13. Tax Liability

Service Providers under the Expert Skills Scheme will not be required to file VAT
Returns. The Client will retain the amount of VAT and credit same to the MRA

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 accordingly. The VAT amount payable in respect of each Service Provider shall be 15%
of the fees paid in one month.
Tax Deduction at Source will be applicable to Professionals in line with applicable tax
laws.
14. The Service Provider shall meet the cost of any insurance and/or medical examination
or treatment required by him/her in the course of performing the services. This shall not
be reimbursable.

15. We commit ourselves to maintain the highest standard of integrity and ethical principles
during all stages of the procurement cycle.
.

16. The Ministry of Energy and Public Utilities would like to thank you for considering
this invitation for submission of proposals.

Yours faithfully,

Dr D. Kawol.
Permanent Secretary

Enclosures:
Annexure 1: Terms of Reference
Annexure 2: Supplementary Information for Service Providers
Annexure 3: Draft contract under which service will be performed

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 Annexure – 1

Terms of Reference for Appointment of Expert (Service

Provider)

1. Background

The Ministry of Energy and Public Utilities (MEPU), through the Water Resources
Unit (WRU) is currently implementing three dam projects, namely:

(i) Design review and Construction Supervision of Rivière des Anguilles Dam;
(ii) Rehabilitation of La Ferme Dam; and
(iii) Feasibility Study for the Enlargement of La Nicolière reservoir.

The salient features of the three dams are as follows:

Rivière des Anguilles Dam

Dam Type Rockfill
Maximum Operation Level (amsl) 209.5m
Storage capacity 14Mm3
Regulated annual yield 50 Mm3
Total submerged area + Dam 135 ha
Crest Length 2200 m
Maximum Dam Height 55

La Ferme Dam
Dam Type Homogeneous earthfill dam, masonry
spillway
Maximum Operation Level (amsl) 146.0m
Storage Capacity 11.52 Mm3
Regulated annual yield 17 Mm3
Crest Length 1500 m

La Nicoliere Dam
Dam Type Homogeneous earthfill dam
Maximum Operation Level (amsl) 249.02 m
Storage Capacity 5.26 Mm3
Regulated annual yield * 71 Mm3
Crest Length 819 m

* Note: Regulated annual yield includes transfers from Midlands Dam.

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2. OBLIGATIONS OF THE SERVICE PROVIDER

The obligations of the Service Provider shall be to advise the Client on the following:-

(i) The integrity and safety standards of dam design;

(ii) General technical procedure and methodology adopted in dam design;
(iii) Independent assessment and review of the technical, environmental, economic
and social issues associated with dam project in accordance with International
Standards and
(iv) Project implementation and management.

The Service Provider is expected to provide on the job training to technical staff of the
Ministry and prepare appropriate manuals for Client’s use.

3. DUTIES OF THE DAM SERVICE PROVIDER

The MEPU is seeking the services of a Service Provider to assist its technical staff in
the implementation of dam projects, including the rehabilitation and monitoring of
existing dams. The services of the Service Provider shall include, but not limited to
the following:

(i) La Ferme Dam: review design reports and provide inputs to prequalification and
bidding documents and assist in the construction supervision of the
rehabilitation works;

(ii) Rivière des Anguilles Dam: review and provide inputs to the dam design report,
prequalification and bidding documents and assist in the construction
supervision of the dam;

(iii) La Nicoliere Dam: review and provide inputs to the feasibility study report, the
Terms of Reference for the EIA study and detailed design of the dam and assist
in the construction supervision of the dam;

(iv) Assist in the setting up of a monitoring system of eight existing dams (Mare-aux-
Vacoas, Mare Longue, Arnaud, Midlands Dam, La Nicoliere, Piton du Milieu,
Bagatelle Dam and La Ferme Dam).

The Service Provider shall be attached to the MEPU.

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4. DETAILED SCOPE OF SERVICES

The Service Provider shall advise on, but not limited to, the following key components
of dam design and construction supervision as summarized below:

 Engineering Geology / Geotechnical Engineering – The quality and extent of the

geological investigations and the interpretation thereof including suitability of
materials for specific purposes; review of the geophysical investigations with
respect to foundation design, foundation treatment including drainage and sealing
by grouting/diaphragms wall (or other methods) for water tightness; stability of
natural and excavated slopes and support surface and underground excavations;
review of design of surface and excavations, including selection of stable slopes;
appropriate shapes and orientations for excavations.
 Dam Design – The overall project layout, review of dam design criteria and
adequacy of field and laboratory investigations in relation to materials for
construction of the dam, assessment of the foundation level and suitability of the
foundation conditions for the spillway structure fit for purpose for the prevailing
geological conditions, selection of foundation treatment and drainage of the
foundations and abutments considering the level of seepage and water tightness.
The construction methodology has to be assessed for the dam and its foundation
together with dam instrumentation and any proposed monitoring program.
 Hydraulic Design – The hydraulic design of the spillway and energy dissipation
facilities, diversion schemes, drawdown facilities, regulating pond and other
appurtenant structures.
 Protection of Environment – The implementation of the conditions stipulated in
the EIA license through an Environmental Management Plan incorporating
mitigation measures to be implemented pre, during and post-construction phases.
 Planning and Construction of Dams - Construction planning for temporary site
installation, project access roads and contractors proposals in relation to
construction methodologies, river diversion; overall construction
schedule/organization, staffing and procedures for managing the construction of
the project, quality control with due consideration to specifications, BOQ and
conditions of contract, review and analysis of contractual claims and contract
negotiations.
 Existing Dams - Assessment of on-going monitoring program and
recommendations for improvement.
- Planning for rehabilitation works for existing dams with detailed definition of
Scope of works.
The Service Provider shall also advise the Client on any other related aspects of dams.

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5. QUALIFICATIONS OF THE SERVICE PROVIDER

The Service Provider shall have at least a degree in Civil Engineering with a minimum
of 20 years relevant international professional experience in dam design and
construction supervision. The Service Provider must have been involved in at least
two dam projects demonstrating practical experience in geological and/or
geotechnical studies specific to dam design and construction.

6. CONTRACT PERIOD

The contract of the Service Provider shall be for an initial period of 1 year, renewable
on a yearly basis, subject to Client’s needs and the Service Provider’s performance, up
to a maximum of four (4)years.

7. REPORTING/DELIVERABLES

The Client considers of utmost importance the timely submission of pertinent reports
and briefings during the course of the assignment. The reports and briefs shall be
submitted in English.

At the start of the assignment, the Service Provider is expected to submit an annual
work-plan based on activities to be performed after discussion with the Client. The
Service Provider shall submit monthly reports on activities carried out. The report
should particularly highlight key technical observations made on the various activities
being performed. The Service Provider will be required to prepare ad-hoc reports on
specific issues on the projects.

8. REMUNERATION

The Service Provider shall submit his/her proposal for remuneration inclusive of all
taxes as may be applicable. The Service Provider is required to consult the Mauritius
Revenue Authority’s website, given below, prior to submission of proposal.

https://www.mra.mu/

The remuneration shall include cost of accommodation, communication abroad and

other incidentals related to mobilization and demobilization as well as local
transportation shall also be included in the monthly rate.

The Service Provider remuneration will be on a monthly basis, within 7 days into a
Bank Account to be provided by to the Client.

9. INTERNATIONAL TRAVEL

The Client shall reimburse the Service Provider ONE return economy class ticket, by
the shortest route to Mauritius on an annual basis.

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10. SERVICES AND FACILITIES TO BE PROVIDED BY THE
CLIENT

10.1 Documentation

The Client shall provide all documents available, such as topographical maps,
previous studies, reports, operational data for the existing reservoirs, transmission
and distribution systems, reservoir monitoring data, etc., that may be required for the
performance of the services.

10.2 Office Space and Facilities

The Client shall provide for office space and local communication facilities, for the
execution of the services.

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 Annexure - 2

SUPPLEMENTARY INFORMATION FOR SERVICE PROVIDERS

1. Proposals

1.1 Proposals should include the following information:

(a) Technical Proposals

(i) Curriculum Vitae of Service Provider (Form F-2);

(ii) An outline of recent experience on assignments of similar nature executed
relevant to the ToR in the format given in Form F-3;
(iii) A description of the methodology and workplan to be adopted by the Service
Provider to undertake the assignment;
(iv) Training approach and methodology for MEPU’s staff during the assignment;
(v) Any comments or suggestions of the Service Provider on the ToR
(vi) Any other documents and information as spelt out in the RFP document and
ToR

(b) Financial Proposals

The financial proposals should be given in the format given in Form F- 4.

1.2 The proposals shall be submitted in one original and two hard copies and one soft copy
on CD ROM. Note: the bid price or a copy of Form F-4 should appear neither in the
Technical Proposal nor in the CD ROM containing the soft copy of the Technical
Proposal, else the bidder’s proposal shall be rejected.

2. Contract Negotiations

The aim of the negotiations is to reach an agreement on all points with the Service
Provider and initial a draft contract by the conclusion of negotiations. Negotiations
commence with a discussion of Service Provider’s proposal, the proposed work plan,
and any suggestions you may have made to improve the Terms of Reference.
Agreement will then be reached on the final Terms of Reference and the bar chart,
which will indicate periods in months or weeks and reporting schedules.

Once these matters have been agreed, financial negotiations will take place and will
begin with a discussion of your proposed payment schedule.

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 FORM NO.F-1

From: ………………………… To: …………………………

………………………… …………………………
…………………………_ …………………………

Sir
Hiring of Service Providers for (………………)

I ………………………………….. herewith enclose Technical and Financial Proposals for

selection as Service Provider for the ( ----------------------name of public body---------).

I undertake that, in competing for (and, if the award is made to me/us, in executing) the above
contract, I will strictly abide by the Conduct for bidders and Contractors as provided under the
Public Procurement Act 2006 of Mauritius.

I hereby certify that we have taken steps to ensure that no person acting for us or on our behalf
will engage in any type of fraud and corruption during our participation in the bidding process
and we commit ourselves to observe the same principles if the contract is awarded to me/us
and during its execution. We understand that transgression of the above is a serious offence
and appropriate actions will be taken against me/us.

Yours faithfully

Signature: …………………………
Full name: …………………………
Address: …………………………

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 FORM F-2

FORMAT OF CURRICULUM VITAE (CV) FOR SERVICE PROVIDERS

Name of Service Provider: …………………………………

Profession: …………………………………………………
Date of Birth: ………………………………………………
Nationality:…………………………………………………
Membership in Professional bodies……………………….

Key Qualifications:
[Give an outline of experience and training most pertinent to tasks on assignment. Describe
degree of responsibility held on relevant previous assignments and give dates and locations.]

Education:
[Summarize college/university and other specialized education, giving names of institutions,
dates attended, and degrees obtained. Use about one quarter of a page.]

Employment Record:
[Starting with present position, list in reverse order every employment held. List all positions
held since graduation, giving dates, names of employing organizations, titles of positions held,
and locations of assignments. For experience in last eight years, also give types of activities
performed and employers references, where appropriate. Use about two pages.]

Languages:
[For each language indicate proficiency: excellent, good, fair, or poor; in speaking, reading,
and writing]

Certification:
I, the undersigned, certify that to the best of my knowledge and belief, these data correctly
describe me, my qualifications, and experience.

Date: Day/Month/Year

[Signature of Service Provider]

Full name of Service Provider:…………………………………………………

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 FORM F-3

ASSIGNMENTS OF SIMILAR NATURE SUCCESSFULLY COMPLETED

1. Outline of recent experience on assignments of similar nature:

Sl.No Name of Name Owner or Cost of Date of Your role / Was
assignment of Sponsoring Project Commencement input in the assignment
Project agency and completion assignment satisfactorily
completed?

Use additional sheets if necessary.

Note: Please attach certificates from the employer by way of documentary proof. (Issued by the Officer of rank
not below that of Divisional Manager or equivalent.)

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 FORM F-4

Remuneration

Remuneration (inclusive of all taxes as may be applicable):

Service Provider’s Name Monthly Rate1

………………………. …….……………….

Air fare1 (To be reimbursed by Client) ……………

(ONE economy return ticket, by the shortest
route to Mauritius on an annual basis)

1: The currency, other than Mauritian Rupees, should be specified

2: The contract shall be on a fixed price basis subject to para 6 of TOR.

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 Annexure 3

CONTRACT No. MEPU/RFP/09/19-20.

SERVICE CONTRACT

BETWEEN

Ministry of Energy and Public Utilities

AND

(Name of Service Provider………………………… )

 TABLE OF CONTENTS

Page

Preamble ....................................................................................................................................................... 1
Article I Scope of Services .................................................................................................... 1
Article II Commencement of Services and Duration of Contract .......................................... 1
Article III Duties of the Service Provider ............................................................................... 1
Article IV Payment for the Services ........................................................................................ 2
Article V Confidentiality and Ownership of Documents ....................................................... 2
Article VI Liability of the Service Provider ............................................................................ 3
Article VII Force Majeure ......................................................................................................... 3
Article VIII Termination of Contract .......................................................................................... 3
Article IX Dispute Settlement .................................................................................................. 4
Article X Modification or Amendment .................................................................................. 4
Article XI Effective Date.......................................................................................................... 4
Article XII Channel of Communications and Notices .............................................................. 4
Article XIII Governing Law ....................................................................................................... 5
ANNEXURE I Terms of Reference
THIS SERVICE CONTRACT entered into this [date], between the Ministry of Energy and Public
Utilities (hereinafter called the "Client") and ………… (hereinafter called the " Service Provider").

WITNESS THAT:

WHEREAS the Client determined the need to procure the services described, implied or referred to
in this Contract, subject to the terms and conditions hereinafter set forth;

WHEREAS the Service Provider represents and affirms that he/she possesses the requisite
experience, qualifications, capability, resources and skills to perform the said services;

NOW THEREFORE the parties hereto have agreed as follows:

ARTICLE I
SCOPE OF SERVICES

1.1 The services to be performed by the Service Provider under this Contract (hereinafter called
the "Services") are those described in the Terms of Reference attached hereto as Annexure I
to the present Contract. The Terms of Reference shall form an integral part of this Contract.

ARTICLE II
COMMENCEMENT OF SERVICES AND DURATION OF CONTRACT

2.1 The Service Provider shall commence the Services in one month’s time as from signing of
the contract, i.e. by …………. at latest and shall carry out the Services in a manner most suited
to the requirements of the Contract and in accordance with the Terms of Reference (Annexure
I) or indicated by the Client.

2.2 The contract of the Service Provider shall be for an initial period of 1 year, renewable on a
yearly basis, subject to Client’s needs and the Service Provider’s performance.

ARTICLE III
DUTIES OF THE SERVICE PROVIDER

3.1 The Service Provider shall perform the services with all due care, diligence and efficiency, in
accordance with the highest standards of ethics and professional competence and in a manner
acceptable to the Client.
3.2 The Service Provider shall:

(a) report to, and obtain direction and guidance from the Client on all matters arising from
or relating to the present Contract;

(b) promptly comply with such instructions as may be issued from time to time by the
Client in connection with the performance of the services.

3.3 The Service Provider shall perform the services to the satisfaction of the Client in accordance
with the Terms of Reference.

3.4 The Service Provider shall meet the cost of any insurance and/or medical examination or
treatment required by him/her/it in the course of performing the services.

3.5 The Service Provider shall, if applicable, seek and obtain any visas or residence permits that
he/she/it may require to carry out the services and perform his/her/its obligations under the
present Contract. The Client shall, as necessary, assist the Service Provider in obtaining such
visas and/or permits.

ARTICLE IV
PAYMENT FOR THE SERVICES

4.1 The Client shall pay to the Service Provider, in respect of the services, the amount specified
in Annexure II to this Contract (hereinafter referred to as “Remuneration”).

4.2 The Remuneration shall be paid to the Service Provider in accordance with the modalities
specified in Annexure II to the present Contract, which forms an integral part hereof.

ARTICLE V
CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTS

5.1 All documents, statistics, reports, data and other information provided, created, obtained or
made available to the Service Provider in connection with or by virtue of the present Contract,
shall be treated as confidential by the Service Provider, and the Service Provider shall not be
entitled to use or make copies of them for any purpose that is not related to the present
Contract.

5.2 The documents, statistics, reports and data under the preceding paragraph shall, upon the
completion of Services or termination of this Contract, be promptly returned to the Client.
5.3 Any study, report or other material, graphic, software or otherwise, prepared by the Service
Provider for the Client under the Contract shall belong to and remain the property of the
Client.

ARTICLE VI
LIABILITY OF THE SERVICE PROVIDER

6.1 The Service Provider shall abide by, and take all measures necessary to enable him/her/it
comply with all laws and regulations in force in the Republic of Mauritius.

6.2 The Service Provider shall be fully liable for the consequences of any error or omission on
his/her/its part or for any damage caused by negligence on his/her/its part in carrying out the
Services or performing his/her/its obligations under the present Contract.

ARTICLE VII
FORCE MAJEURE

7.1 Neither party to the present Contract shall be responsible for any delay or failure to perform
the obligations under the Contract if the delay or failure is attributable to force majeure.

7.2 In the event of force majeure which delays performance of the whole or any part of the present
Contract for more than sixty (60) days, either party shall have the right, by notice in writing to
the other party, to terminate the Contract.

7.3 For purposes of this Article, an event of force majeure shall mean an unforeseen and
unavoidable event beyond the reasonable control and contemplation of the party invoking the
existence of such event, and which impacts directly on the discharge of the obligation under
the Contract.

ARTICLE VIII
TERMINATION OF CONTRACT

8.1 The Client may, upon giving not less than seven (7) days' notice in writing to the Service
Provider, terminate the present Contract for cause if the Service Provider has failed to perform
the Services or to comply with his/her/its other obligations under the Contract.

8.2 The Client may, at its option, terminate this Contract when it is in the interest of or for the
convenience of the Client to do so, provided that the Service Provider shall in that event be
given a notice of not less than fifteen (15) days of such termination.
8.3 The Service Provider may terminate the present Contract if the Client has, within a period of
forty five (45) days after the due date, failed to pay any amount due to him/her in respect of
which no dispute has arisen.

8.4 The parties hereto may by mutual agreement terminate this Contract.

8.5 If the present Contract is terminated under this Article, the Client shall be liable only for
payment, in accordance with the payment provisions of the Contract, for the Services actually
rendered prior to the effective date of termination, together with such other amounts as may
be reasonable in the circumstances, leading to termination.

ARTICLE IX
DISPUTE SETTLEMENT

9.1 Any dispute arising out of or in connection with the present Contract shall be amicably settled
by the Parties.

ARTICLE X
MODIFICATION OR AMENDMENT

10.1 Except by mutual agreement in writing between the parties, no change, modification or
amendment shall be made to the present Contract.

ARTICLE XI
EFFECTIVE DATE

11.1 The present Contract shall enter into force on the date of the signature of the Letter of
Acceptance of the Service Provider.

11.2 Unless terminated under Article VII or VIII above, the present Contract shall expire upon
completion of the Services and the discharge of all obligations arising out of or under the
Contract.

ARTICLE XII
CHANNEL OF COMMUNICATIONS AND NOTICES

12.1 For the purposes of the present Contract, the authorized representative of the Ministry of
Energy and Public Utilities shall be the Permanent Secretary or such other officer as he may
designate for this purpose.

12.2 Any communication, notification, submission, notice, demand or request under the present
Contract shall be deemed to have been duly transmitted if it shall have been delivered by hand,
 mail, or facsimile by either party to the other at the appropriate address indicated below, or at
such other address as that other party may have indicated:

For the Ministry of Energy and Public Utilities

Mail Address: The Permanent Secretary

Level 2, SICOM Tower
Wall Street
Ebene 72201
Email: mpu@govmu.org

For the Service Provider

Mail Address :…………………………………

Telephone :…………………………………
E-mail :…………………………………

ARTICLE XIII
GOVERNING LAW

13.1 This Contract shall be governed by, and construed in all respects in accordance with, the Laws
of Mauritius.

IN WITNESS WHEREOF the parties hereto have caused the present Contract to be signed
in their respective names in two original counterparts in English/French on the date first above
written.

FOR THE PUBLIC BODY FOR THE SERVICE PROVIDER

…………………………… …………………………………