Document Fragment View
Fragment Information
Showing contexts for: draft document in The Board Of Trustees Of The Jawaharlal ... vs M/S. Psa Mumbai Investments Pte. ... on 1 March, 2018Matching Fragments
(c ). The bidding documents also included the Draft Concession Agreement as provided in clause 1.27 of the RFQ. The applicants were informed that RFP issued to the qualified applicants would include a copy of the Draft Concession Agreement and they shall be deemed to be part of the bidding document. The bidding document would include the RFP as well as the Draft Concession Agreement provided to the applicants to enable the qualified applicants to make financial offers / bid. The bidding documents were provided to the respondents herein.
(f). Under clause 1.1.2 of the RFP, the selected bidder i.e. concessionaire shall be responsible for designing, financing, procuring, constructing, operating and maintenance of the project in accordance with the provisions of a long term Concession Agreement. This agreement was to be entered into between the bidder and the authority in the stipulated form as provided by the authority as a part of bidding document, provided under the RFP.
(g). Clause 1.1.7 read with clause 1.2.3 define the bidding documents which included the RFP, Draft Concession Agreement kvm ARBP1227.16 as well as other documents provided by the petitioner to the respondents. The petitioner was to receive the bids pursuant to the said RFP in accordance with the terms set forth in the said RFP and other documents to be provided by the petitioner pursuant to the RFP as modified, altered, amended and qualified from time to time by the petitioner and all the bids were to be prepared by the applicants (bidders) and submitted in accordance with such terms. Clause 1.2.3 clearly provided that the bidding documents included the Draft Concession Agreement for the project and any addendum issued subsequent to RFP document shall be deemed to form part of the bidding document, before the bidding due date. Under clause 1.2.5 read with clause 1.2.7 of the RFP, the selected bidder was ordinarily be the highest bidder which would be computed on the basis of the percentage of a revenue offered by the bidder with the petitioner. Since the concession period was already pre-determined, the revenue share was the sole criteria in evaluation of bids.
23. Clause 1.2.1 of the RFQ defines the Bidding Process, Qualification Stage and Bid Stage. Clause 1.2.3 of the RFQ defines bids as financial offers submitted in respect of the project in accordance with the Request for Proposal (RFP) and other documents provided by the petitioner, pursuant to the RFP. It is the case of the petitioner that the bidding documents also includes a Draft Concession Agreement as provided in clause 1.2.7 of the RFQ.
24. Clause 1.2.7 of the RFQ provides that as part of the bidding document, the authority will provide for the project a draft concession agreement as project reports/feasibility reports prepared by the authority/its consultants and other information pertaining to the project available with it. Under the RFQ, the respondents were informed that the RFQ issued to the qualified bids would include a copy of the draft concession agreement and they should be deemed to be a part of the Bidding Document. In my view on conjoint reading of clauses 1.2, 1.2.1, 1.2.3 and 1.2.7 referred to aforesaid would clearly indicate that the bidding kvm ARBP1227.16 documents would include RFP as well as draft concession agreement already provided to the respondents to enable the respondents to make their financial offer/bid.
36. Clause 3.3.6 clearly provides that after acknowledgement of the Letter of Award by the selected bidder, it shall execute the concession agreement within the period prescribed in clause 1.3 and such selected bidder is not entitled to seek any deviation in the concession agreement.
37. A perusal of the record clearly indicates that the biding documents included "draft concession agreement" as per clause 2.7.2 of RFP. When a bidder seeks to submit its financial offer filled in RFP, such bidder is required to submit kvm ARBP1227.16 concession agreement in compliance with clause 2.14.4 and not draft concession agreement. In my view, the Letter of Award and acceptance of Letter of Award would be by virtue of Article 19 of concession agreement in the RFP clearly incorporates the arbitration agreement which was rightly invoked by the petitioner.