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Showing contexts for: minimum guaranteed throughput in Psa Sical Terminals Pvt. Ltd. vs The Board Of Trustees Of V.O. ... on 28 July, 2021Matching Fragments
The bidder shall state his financial offer to the TPT as the sum of the following components:
a) Quantum of initial payment at the time of executing the contract in order to secure the agreement;
b) Royalty fee payable (before the day of each calendar month) after the commissioning of the terminal for each TEU handled at the terminal in the preceding calendar month. In case actual throughput falls below the minimum throughput guaranteed by the Licensee in his bid, then the Licensee shall pay royalty as per his minimum guaranteed throughput.
(The operator shall pay to the port royalty fee in the same currency in which charges are realised from users. The exchange rate to be used would be notified rate on the date of realisation).
c) Guaranteed minimum TEU throughput that will be handled in each year of the contract.
The offer shall be in the format shown in Attachment 4.1.”
47. Perusal of the bid document would reveal, that the bid was for a license to develop the seventh berth as a fullfledged container terminal with shiptoshore and shoretoship handling facility and also to manage, operate and maintain the same for a period of 30 years inclusive of construction period. The bidder was to state his financial offer to TPT comprising of three aspects:
(a) quantum of initial payment at the time of executing the contract in order to secure the agreement;
(b) royalty fee payable (before the day of each calendar month) after the commissioning of the terminal for each TEU handled at the terminal in the preceding calendar month. It is also clear, that in case actual throughput falls below the minimum throughput guaranteed by the Licensee in his bid, then the Licensee shall pay royalty as per his minimum guaranteed throughput. It also clarifies, that royalty was to be paid in the same currency in which the Licensee realizes the charges from users; and
(c) guaranteed minimum TEU throughput that will be handled in each year of the contract.
48. It will also be necessary to refer to clause 4.7.1 and 4.7.2 of the bid document, which reads thus:
“4.7.1 SETTING OF PRICES The prescribed rates and charges to be collected by the LICENSEE from users shall not exceed the maximum rates as approved by the Government/Tariff Regulatory Authority. The proposed rates for handling are given in Annexure II.