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National Highways Authority of In
(Ministry of Road Transport and Highways)
‘sft-5 UF 6, Saet-10, area, AE Reeht-110075
G5 & 6, Sector-10, Dwarka, New Delhi-110075
NHAI/Policy Guidelines/Concession Administration/2022
Policy Circular No. 8.3.43 dated 17" January, 2022
(Decision taken on e-office File No: NHAI/11012/MP/HAM/ 13/2018 (Comp. No. 13940))
Sub: Expenditure to be taken into account while considering a proposal for
releasing Performance Security in reference to Article 9.3 of Model
Concession Agreement (MCA) of Hybrid Annuity Mode (HAM) projects.
Article 9.3 of MCA of HAM projects contains the following provisions regarding
release of Performance Security:
9.3 Release of Performance Security
“The Performance Security shall remain in force and effect for a period of
one year from the Appointed date, but shall be released earlier upon the
Concessionaire expending on project Construction an aggregate sum that is
not less than 30% (thirty percent) of the Bid Project Cost; provided,
however, that the Performance Security shall not be released and shall be
kept alive by the Concessionaire if the Concessionaire is in breach of this
Agreement. Upon request made by the Concessionaire for release of the
Performance Security along with the particulars which establish
satisfaction of the requirements specified in this Clause 9.3, the Authority
shall release the Performance Security forthwith.”
2. The aforesaid provision is silent about the breakup of the expenditure to be taken
into account while releasing the Performance Security. Now, it has been decided to
take into account the following expenditures incurred by the Concessionaire for
considering a proposal for releasing the Performance Security as per Article 9.3 of MCA
of HAM projects while calculating an aggregate sum that is not less than 30% of the Bid
Project Cost:
(Sr. Particulars [Expenditure to be taken into]
INo.| laccount or not
|A” Work Certified - As per IE (Including GST) JTo be taken into account
IB [Preliminary Activities (like Camp Construction, Not to be taken into account
{Crusher Camp, Establishment of Field Laboratory,|
Foundation of plant erection, etc.)
laterial in Stock (like Crushed aggregated, steel in/To be taken into account
Istock etc.) (Including GST)
ID |Work done not Certified (Clearing and grubbing,|Not to be taken into account
[Earthwork Subgrade, etc.)
IE |GST on (AvC) jTo be taken into account
b
Contd..2/-fSr. Particulars
INo.|
lExpenditure to be taken into|
\ccount or not
IF |land Purchase Cost
INot to be taken into account
|G Overhead Expenses (loan processing fee,
linsurances, Consultancy fee, etc.)
INot to be taken into account
IH [Gross values of Assets deployed at site (includin
|GST) (Hot Mix plant, crusher plant, batching plant,
INot to be taken into account
Imachinery and equipments etc.)
3. This issues with the approval of Competent Authority.
To:
Moen] 22
(Sanjay Kumar Patel)
General Manager (Coord.)
All Officers of NHAl HQ/ ROs/ PIUs/ CMUs/ Site Offices
Copy to:
1. Hindi Officer for translation in Hindi.
2. Library for hosting the circular on library site.
3. Web Admin for circulation.