Maharashtra State Road Development Corporation Limited

Mumbai Pune Expressway Limited (MPEL) (SPV of Maharashtra State Road Development Corporation Limited, Mumbai). Near Lilavati Hospital, Opp. Bandra Reclamation Bus Depot, K.C. Marg Bandra West Mumbai City -400 050. PABX Telephone No. 26517931, Fax No. 2641 7893 E-mail: toll.mumbai16@gmail.com Website: www.msrdc.org. DETAILED E-NOTICE INVITING TENDER Background (A) The Government of Maharashtra (“GOM”) had entrusted Maharashtra State Road Development Corporation Limited (“MSRDC”) with a responsibility to develop, maintain and operate Yashwantrao Chavan Expressway (6 lane access controlled expressway, along the Mumbai-Pune Corridor, starting from Kalamboli and ending at Dehu Road, in the State of Maharashtra) (“Yashwantrao Chavan Expressway”) on design, build, finance, operate and transfer (DBFOT) basis and MSRDC completed the construction of the Yashwantrao Chavan Expressway and had opened the entire Yashwantrao Chawan Marg to traffic from April 2002; (B) In terms of section 20 of Bombay Motor Vehicles Tax Act, 1958 (Bombay Act LXY of 1958) (“Maharashtra Act”), the GOM is empowered to levy and collect tolls on motor vehicles and trailers drawn by such vehicles and using the public road or a section thereof; (C) Further, under the provisions of Maharashtra Act, the GOM had approved the toll rates to be levied on the specified vehicles passing through the sections or section of the road namely Yashvantrao Chavan Expressway and authorized MSRDC to collect and appropriate the proceeds accruing from toll collection for a period up to April 30, 2030; (D) Government of India (“GOI”) being responsible, through Ministry of Road Transport and Highways (India) (“MoRTH”), for development and maintenance of National Highways in India, intended to implement a project envisaging improvement of Mumbai - Pune section of National Highway consisting of “four laning and improvements of Mumbai- Pune Section of NH-48 (old NH-4) from Shilphata (K.M. 131/200) to Nigadi (K.M. 20/400) (“NH-48”) on build operate and transfer (BOT) basis; (the Yashvantrao Chavan Expressway and NH-48 are hereinafter collectively referred to as the “Project Highways”) (E) Further, MoRTH intended to entrust the aforesaid work of section of NH-48 (old NH-4) to MSRDC to undertake inter alia, investigation, design, engineer, finance, procure, construct, operate and maintain on BOT basis and as per the provisions of the National Highway Act, 1956, the MoRTH is empowered to levy and collect fees on motor vehicles; (F) Subsequently, MoRTH entered into a concession agreement with MSRDC on May 14, 2004 (“MoRTH Agreement”) with a concession period up to April 30, 2030 and in terms of MoRTH Agreement, MSRDC is entitled to collect a fee from the vehicles and trailors drawn by such vehicles and using the section at NH 48, on completion of four laning and improvements of NH 48; (G) GOM had agreed to give necessary support to MSRDC in accordance with the State Support Agreement dated May 14, 2004 (“State Support Agreement”) signed amongst MoRTH, GOM and MSRDC; (H) Subsequently, a bidding was conducted by MSRDC to appoint a suitable contractor for toll/fee collection, operation and maintenance of the Project Highways for a period of 15 years, wherein Ideal Road Builders Private Limited (“IRB”) was appointed as a selected bidder and further, MSRDC entered into an agreement dated September 4, 2004 (“IRB Agreement”) for inter alia toll/fee collection, operation and maintenance of the Project Highways with IRB and IRB’s special purpose vehicle, i.e. Mhaiskar Infrastructure Private Limited. The term of IRB Agreement is due to expire on August 9, 2019; (I) Thereafter, MSRDC established MPEL and transferred its rights and responsibilities in relation to Yashwantrao Chavan Expressway and NH 48 for the remaining period, starting from August 10, 2019 vide agreement dated September 26, 2018 entered into between GOM, MSRDC and MPEL, in accordan