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ARTICLE · 01 NOVEMBER 2024

NHAI Issues SOPs For Various Types Of Change Of Scope Proposals

JSA Advocates & Solicitors
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NHAI, vide policy circular dated September 9, 2024, clarified whether Clause 16.2 or Clause 16.6 of the model concession agreement for HAM projects will be applicable in relation to change of scope of proposals.

IndiaTransport

NHAI, vide policy circular dated September 9, 2024, clarified whether Clause 16.2 or Clause 16.6 of the model concession agreement for HAM projects will be applicable in relation to change of scope of proposals. NHAI observed in its circuar that this clarification was necessary as it had observed that different technical divisions/ROs/Project Implementation Units ("PIUs") of NHAI have been applying these provisions in an inconsistent manner.

Clause 16.2 of the model concession agreement for HAM projects specifies the procedure to be followed in case the project implementing governmental authority requests for a change of scope and issues a change of scope notice to the concessionaire. The provision states that if the project implementing governmental authority determines that a change of scope is necessary it will issue a change of scope notice to the concessionaire and the concessionaire will inform the governmental authority the impact of such change of scope and

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