The Government of India in the Ministry of Surface Transport
(hereinafter referred to as "MOST") had authorised NHAI for the strengthening of
existing 2-Lanes from Km. 273/5 to 366/2 on the Jaipur-Kishangarh Section of the National
Highway No.8 ("NH-8") in Rajasthan, India and construction and widening thereof
to four and six lanes and its operation and maintenance through a concession on build,
operate and transfer ("BOT") basis and has by its Notification
No…………. dated …………. Issued pursuant to Section 11
of the National Highways Authority of India Act, 1988 vested the said stretch of NH-8 in
NHAI as set forth in the said Notification dated …………
NHAI had accordingly invited proposals for shortlisting of bidders
for the aforesaid under its Notice inviting Proposals No……….. dated
……. ("the Tender Notice"), inter alia, for the design, engineering,
financing, procurement, construction, operation and maintenance of the above section of
NH-8 on BOT basis subject to and on the terms and conditions contained in the Tender
Notice and had pursuant thereto shortlisted certain bidders including, inter alia, the
consortium comprising ………….., ………………..
and ……………….. (collectively the "Consortium") with
……………. as its leader.
NHAI had, pursuant to the Tender Notice, laid down and prescribed
the technical and commercial terms and conditions and had invited bids from the bidders
shortlisted pursuant to the Tender Notice for undertaking, inter alia, the work referred
to in Recital ‘A’ above on BOT basis.
After evaluation of the bids so received NHAI accepted the bid of
the Consortium and issued its Letter of Acceptance No………….. dated
………. ("LOA") to the Consortium requiring, inter alia, the
execution of this concession Agreement within 45 (forty-five) days of the date thereof.
The Consortium has promoted and incorporated the Concessionaire as a
limited liability company to enter into this Concession Agreement pursuant to the LOA for
undertaking, inter alia, the design, engineering, financing, procurement, construction,
operation and maintenance of the Project Highway, as defined hereinafter on BOT basis as
referred to in Recital ‘A’ and to fulfill other obligations of the
Concessionaire pursuant to the LOA and has requested NHAI to accept the Concessionaire as
the entity which shall undertake and fulfill and perform the obligations and exercise the
rights of the Consortium under the LOA, including the obligation to enter into this
Concession Agreement for the design, engineering, financing, procurement, construction,
operation and maintenance of the Project Highway on BOT basis.
NHAI has agreed to the said request of the Consortium and has
accordingly agreed to enter into this Concession Agreement with the Concessionaire
pursuant to the LOA for, inter alia, the design, engineering, financing, procurement,
construction, operation and maintenance of the said Project Highway on BOT basis.
It is deemed necessary and expedient to enter into this Agreement to
record the terms of the said agreement between the Parties.
