(rfq) document for development of four laning of rewa ring road on ...

RFQ <strong>document</strong> <strong>for</strong> <strong>development</strong> <strong>of</strong> Four Laning <strong>of</strong> Rewa Ring Road on BOT (Toll + Annuity) basis(B)(C)LTD., established under the Companies Act, 1956 a n drepresented by its Managing Director and having its principal <strong>of</strong>fices at16-A, Arera Hills, Bhopal-462011 (hereinafter referred to as the“Authority” which expression shall, unless repugnant to thecontext or meaning there<strong>of</strong>, include its administrators, successorsand assigns) has invited applications (the Applications”) by itsRequest <strong>for</strong> Qualification NIT No. ....................Bhopal,dated .................... (the “RFQ”) <strong>for</strong> pre-qualification and short-listing<strong>of</strong> bidders <strong>for</strong> <strong>development</strong> and operation/ maintenance <strong>of</strong>......................................................basis in the State <strong>of</strong> Madhya PradeshProject (the “Project”) through public private partnership.The Parties are interested in jointly bidding <strong>for</strong> the Project as members<strong>of</strong> a Consortium and in accordance with the terms and conditions <strong>of</strong>the RFQ <strong>document</strong> and other bid <strong>document</strong>s in respect <strong>of</strong> the Project,andIt is a necessary condition under the RFQ <strong>document</strong> that the members<strong>of</strong> the Consortium shall enter into a Joint Bidding Agreement andfurnish a copy there<strong>of</strong> with the Application.NOW IT IS HEREBY AGREED as follows:1. Definitions and InterpretationsIn this Agreement, the capitalised terms shall, unless the contextotherwise requires, have the meaning ascribed thereto under the RFQ.2. Consortium2.1 The Parties do hereby irrevocably constitute a consortium (the“Consortium”) <strong>for</strong> the purposes <strong>of</strong> jointly participating in the BiddingProcess <strong>for</strong> the Project.2.2 The Parties hereby undertake to participate in the Bidding Processonly through this Consortium and not individually and/ or throughany other consortium constituted <strong>for</strong> this Project, either directly orindirectly or through any <strong>of</strong> their Associates.3. CovenantsThe Parties hereby undertake that in the event the Consortium isdeclared the selected Bidder and awarded the Project, it shall incorporatea special purpose vehicle (the “SPV”) under the Indian Companies Act1956 <strong>for</strong> ente<strong>ring</strong> into a Concession Agreement with the Authorityand <strong>for</strong> per<strong>for</strong>ming all its obligations as the Concessionaire interms <strong>of</strong> the Concession Agreement <strong>for</strong> the Project.NIT No. MPRDC/BOT (T+A)/PQ/2012/ 7783 Bhopal, dated 27.09.2012 67