BHARAT SANCHAR NIGAM LIMITED

O/o General Manager, Malappuram BA

Kerala Telecom Circle

Expression of Interest for

Outsourcing the Operation and Maintenance of

BSNL, Customer Service Centres
in Malappuram BA, Kerala Circle

EOI No: CML/CSC OS /MLP/2020-2021/Dated

/MLP/2020 Dated at Malappuram the 20.06.2020.

Name of Bidder………………………………………………………………….................

Name of the CSCs for which EOI is being submitted in Malappuram BA

..............................................................................................................
..............................................................................................................
..............................................................................................................
..............................................................................

Last date of submission / Date of opening of Bid….....

Bid…......06-07-2020…………………..
…………………..

Signature of Bidder……………………………………………...........……………………
 TABLE OF CONTENTS
SL. PAGE
NO. TITLE NO.
1 Check list for Bidders/Applicants 3
2 Details of the CSC for which the EOI is applied/ Cost 4
3 Section A - Notice Inviting EOI 5
4 Eligibility Criteria 5
5 Amount and payment mode of purchase of EOI 6
6 EMD/ Bid Security 7
7 Submission of EOI 7
8 Opening of EOI 7
9 Section B - Scope of work 7
10 Terms and conditions of infrastructure and related facilities 8
11 Other Terms and conditions 8
12 Documents Establishing Firm's Eligibility & Qualification 9
13 Duration of the contract period 10
14 Financial Proposal and Evaluation 10
15 Performance Bank Guarantee (PBG ) 10
16 Forfeiture of EMD/ Bid Security 10
17 Termination of Contract due to non performance 11
18 Dispute Resolution/Arbitration 11
19 Financial Quote-Annexure I 12
20 List of Type-I CSCs proposed for outsourcing-Annexure II 13
21 List of Type-2 CSCs proposed for outsourcing-Annexure II 13
22 List of Type-3 CSCs proposed for outsourcing-Annexure II 13
23 Mutual Non-Disclosure Agreement-Annexure III 15
24 Format of Certificate about close relatives working in BSNL- Annexure IV 21
25 Proforma For the EMD/ Bid Security Guarantee - Annexure V 22
26 Performa For the Performance Bank Guarantee - Annexure VI 24
27 Details about the firm (Bidder) - Annexure VII 26
28 Letter of Authorisation For Attending Bid Opening - Annexure VIII 27
29 Format of Agreement - Annexure IX 28
30 E -tendering procedure - Annexure X 41
31 Annexure XI -CM SD Policy-2018 ( in attachment)
32 Annexure XII- Latest CFA commission schedule (in attachment)

Page 2 of 47
 CHECK LIST FOR BIDDERS / APPLICANTS

1. The Bidder should ensure that all documents and papers submitted in this EOI are fully
authenticated by the authorized signatory under his/her signature with official seal
wherever applicable.
2. The following documents form part of the EOI and should be submitted with EOI:
Documents
submitted
Sl. Page No. at which
No. Documents to be submitted/Online & Offline Y/N Document Attached
All pages of this EOI document, duly signed by the authorized signatory
in a token of acceptance of all terms and conditions by the bidder. Any
other document submitted by the bidder should also be signed by the
1 authorized signatory.

2. Duly filled application form for individuals/companies/firms

If EOI document is downloaded from Internet, a DD of Rs 1000/+ 18%

GST - as cost of the bid document from a Nationalized / Scheduled
3 Bank should be attached.
General Power of attorney in favour of the signatory signing the EOI
4. documents
Attested copy of Article or Memorandum of Association or partnership
5. deed or proprietorship registration as the case may be.

6. Attested copy of GST Registration number.

7. Attested copy of PAN Number.

Attested copy of current & valid clearance from applicable State

8. authorities if
Bank guarantee towards EMD / Bid security issued from a nationalized /
Schedule bank on non-judicial stamp paper of Rs.100/- (Format
enclosed Annexure V) and valid for 180 days from the date of opening of
9. EOI.
10 Attested copy from CA of turn over details

11 Certificates for experience

12 Latest Income Tax clearance certificate

13. Any other supporting documents as asked for or called for.

3. Every additional document submitted and every page of the EOI document shall be duly
signed by the authorized signatory as a token of compliance and acceptance to all
terms and conditions.

Page 3 of 47
 Bharat Sanchar Nigam Limited
O/o
o General Manager, Malappuram BA
Kerala Telecom Circle

Details of the CSC for which the EOI is applied

(To be filled by the applicant)

Category of Address of the

Name of the BA/SSA Name of the CSC CSC CSC

Name and address of the firm

…………………………………………………… Phone No. (s) :

…………………………………………………… Office :
…………………………………………………… Residence :
…………………………………………………… Mobile :

Details of the EOI Document Cost and Earnest Money Deposit

(EMD)/Bid Security :

Issuing Bank
Issuing Amount
Particulars with branch Validity
name date (Rs.)
EOI Document DD No……… N/A Rs.
cost
Valid up to
DD/BG No Rs.………..
EMD/Bid Security
(in the form of BG)

Seal & Signature of Bidder …………………………….............……

 Bharat Sanchar Nigam Limited
O/o
o General Manager, Malappuram BA
Kerala Telecom Circle

SECTION ‘A’

Notice inviting EOI (Expression of Interest) for Outsourcing the Operation and Maintenance
of BSNL CSCs in Kerala Circle.

EOI No: CML/CSC OS/MLP/2020

/MLP/2020-2021/Dated
Dated at Malappuram the 20.06.2020.

1. Sealed EOI is invited on behalf of CMD BSNL by GM , Malap Malappuram

puram BA, Kerala Telecom Circle
for the Operation and Maintenance of BSNL CSCs, in Malappuram BA, Kerala Circle and
provision ofservices to BSNL , from eligible and willing bidders as mentioned in Table-I
Table below.

Table –I
EMD/Bid Last Date and Date and
Cost of EoI Name Names
Type of CSC Security per Time for Bid Time of Bid
document of BA of CSC
site in Rs. Submission Opening
Category- I 1,00,000/-
Rs. 1000.00 14.00 Hrs on 14.30 hrs on Enclosed as
Category- II 75,000/- (++ 18% GST) ..06-07-2020 …06-07-2020 Annexure -II
Category- III 25,000/-

Purchase of Tender Document: Tender document can be obtained by downloading it from

the website www.kerala.bsnl.co.in
co.in , w.e.f ……21-05-2020
2. Eligibility Criteria.
Taking into consideration the importance of CSCs for BSNL as well as for customers, it is very
essential that the bidder firms have sufficient experience in setting up of and running such CSCs
in India/worldwide. The following criterion shall be met by the bidder company and /or legally
legall
bound consortium who intend to participate in this EOI and only those bidders who qualify the
following conditions, need put in the proposal:

2.1 Bidder Company shall be registered & incorporated in India under the Company Act,
1956 or 2013 as the case maybe or Partnership Firm / Proprietorship Firm

2.2 The bidder company shall have a minimum Cumulative turnover of INR 1 Crore for
category – I CSC / INR 75 Lakhs for category – II CSC / INR50 Lakhs for category – III CSC
during last 3 years (i.e. financial
ial year 2016
2016-17, FY 2017-18, FY 2018-19).
19). Audited Balance
Sheets for the last three years shall be submitted as a supporting document.

OR
st
Bidder Company shall have a Net worth of INR 2 Crores on 31 March’19. In case of
consortium,
nsortium, turnover / Net worth of only lead bidder shall be counted. Lead bidder is being
referred as bidder in the EOI document
document.

2.3. Bidder shall have relevant experience of setting up and running successfully at least
1000 (cumulative) square feet of raised
raised floor commercial Customer Care Centre (excluding
utilities) from a maximum of 2 commercial customer care centres locations in India, for at
least 12 months on the date of EOI bid submission.
OR

If the bidder’s company is not meeting the experience as in this Para 2.3 above, then Bid
can be submitted through a legally bound consortium (format as at Section-VI) with a
company who is having experience as in this Para 2.3 above. However in such case, the
lead bidder company must have Customer Care Centre experience in last two financial
years (i.e. 2018-19, 2019-20).
OR

Call Centre Operators of BSNL (existing & Old), who have worked for BSNL for at least 1
year & with at least 50 operator positions per month are eligible to apply for this EOI
directly without fulfilling other eligibility conditions.

2.4. All existing BSNL franchisees / RD (CM, CFA, Integrated) having 50 Lakhs Cumulative
turnover from BSNL business during last Three years (i.e. financial year 2016-17, FY 2017-
18, FY 2018-19 ) are eligible and do not need any more eligibility Criteria as mentioned in
2.2 or 2.3 above

2.5 Bidders are required to submit certificates/documentary proof for item (2.1) to (2.3).
The verifiable reference along with the contact details shall also be cited in the bid
document for item at 2.3.

2.6 The Company should not be a Licensed Telecom Service Provider (TSP) to provide
Basic Services/ Cellular Telephony Services/ Internet Services/ UASL/ NLD/ ILD Services
anywhere in India or owned or controlled by a TSP in India

2.7 The Company should not have controlling equity stake (26% or more), or vice versa, in
and of any Basic Services/ Cellular Telephony Services/ UASL/ NLD/ ILD Services
operating companies in India or their promoters.

3.Amount and payment mode of purchase of EOI :

The bidders downloading the EOI document are required to submit the EOI fee of
Rs.1000/-(including GST, Non-refundable) through DD/ Banker’s cheque along with their
tender bid failing which the tender bid shall be left archived unopened/ rejected. The DD/
banker’s cheque shall be drawn from any Nationalized/ Scheduled Bank in favour of
“AO(Cash), BSNL, MLP (name of EOI issuing authority).” and payable at Malappuram.

The EOI document shall be available for downloading from BSNL website
www.kerala.bsnl.co.in from 21/05/2020 onwards. The EOI document is uploaded on BSNL
website and shall be made available on e-tender portal (https://etender.bsnl.co.in/irj/portal)
from..21/05/2020 from 10.00 Hrs onwards for start of online bid submission and will be
available up to last date of submission of Bid.
3.1 Physical copy of the tender document would not be available for sale.

Mutual Non-Disclosure Agreement (on Rs. 100/- Non-Judicial Stamp paper) attached as
Annexure-III is to be submitted along with EOI document.

Note:
i. Bidder at the time of purchase of EOI document shall give the Name and complete
contact details (including Mobile no., E-mail address etc.) of the person(s) authorized by
the bidder firm to visit various CSC locations as specified in the EOI document.

ii.Queries from only those perspective bidders shall be entertained and considered for
issuance of clarifications, who have purchased the EOI document. Proof of payment of
requisite charges for the same, shall be submitted along with the queries.

iii.EOI document shall be provided after signing a mutual Non Disclosure Agreement
(NDA) with BSNL (on non-judicial stamp paper of requisite value) as per Annexure-III

Page 6 of 47
 4. EMD/Bid Security:
EMD/Bid Security may be submitted in the form of Bank Guarantee (the Proforma of Bank
Guarantee is available as Annexure-V) or in the form of A/c Payee Demand Draft, drawn in
any Scheduled Bank in India in favour of “Accounts Officer (Cash), O/o GM , BSNL ,
Malappuram BA.”

EMD/ Bid Security for CAT -1, 2 & 3 CSCs are Rs.100000/-, Rs.75000/- and Rs.25,000/-
respectively.

The EMD/Bid Security shall be valid for 180 days from the date of opening of EOI.
The EMD/Bid Security of the successful bidder shall be returned without interest only after
submission of performance Bank guarantee and commencement of work.
EMD/ Bid security of unsuccessful bidder will be returned within 30 days of finalisation of
EOI or expiry of the period of bid validity.

The bidder has to submit separate EMD/Bid security for each CSC.

The MSE bidders registered with the designated MSME bodies like National small scale
industries corporation etc. are exempted from paying tender fee/ EMD. However, they shall
furnish a proof regarding registration with bodies under the Ministry of Micro, Small,& Medium
Enterprises for the Construction/Operation/Maintenance service in Telecom industry/
maintenance and installation of OF cables, valid on the date of opening of the tender. The
scope of area of the above MSE registered bidders must be for construction/ maintenance of
underground telecom cables/ maintenance and installation of OF cables/telecom outdoor
network/BTS maintenance, GSM /mobile BTS sites, BTS sites, Battery sets, Power Plants, DG
Sets, Installation of Telecom Services etc. MSE bidders claiming exemptions from Tender fee
& EMD as per MSME guidelines also register their UAM on CPPP/tender online site and submit
proof in this regard along with their bid.

5. Submission of EOI: – EOI should be submitted through online/offline before 14.00 Hrs on 06-07-
2020 .Offline documents to be dropped at tender box kept O/o AGM(Commercial O/oGMT
,BSNL,Malappuram) . In case the date of submission (opening) of bid is declared to be a holiday, the
date of submission ( & opening) of bid will get shifted automatically to next working day at the same
scheduled time. Any change in bid opening date due to any other unavoidable reason will be intimated
to all the bidders separately.

6.Opening of EOI: – The tenders shall be opened through ‘Online Tender Opening Event’ at
14.30 hrs on ….06-07-2020. BSNL’s Tender Opening Officers as well as authorized
representatives of bidders can attend the online Tender Opening Event (TOE) from the comfort
of their offices.

7. Fee for EOI Document is neither transferable nor refundable.

8. Paying Authority: AO (Cash) , O/o.GM , .Malappuram,BA.

SECTION-B

1. Scope of work for “Operation & Maintenance of BSNL CSCs”.

1.1. The broad scope of the CSC operations is as follows:-

(a) Sale of new SIMs. Normal and Bulk Booking/Vanity and fancy number booking / Post paid to
pre-paid and vice versa conversions.
(b) Plan change/ISD /International roaming.
(c) VAS services.
(d) Replacement of SIMs
(e) Sale of post paid mobile connections
(f) Sale of Top-ups/STVs /PVs
(g) Sales Complaint redressal.

Page 7 of 47
 (h) Processing of MNP requests
(i) Bill collection of Landline/Broadband/FTTH/Post paid Mobile
(j) New Phone bookings and feasibility of and line/Broadband/FTTH/Wings / ASEEM /
Vanity booking/ISDN/PRI/BRI.
(k) DND Activation/deactivation.
(l) Handling of bill related queries and complaints.
(m) Carrying out Aadhar demographic/biometric or both updation. Aaadhar related activities
through approved / empanelled agency by UIDAI
(n) Receiving and co-ordinating request for shift, name transfer and closure of connections.
(o) All commercial services which are presently being offered in CSCs (Including services
being provided free of charge) and all commercial and CSC services which may emerge in
future.
All the above activities are to be done for retail as well as bulk/enterprises customers

1.2. Terms and conditions of infrastructure and related facilities :

(1) BSNL shall provide covered space without any charges. Existing infrastructure of CSC shall
be handed over on as-is where-is basis.

(2) Since the CSC premises will be utilized exclusively by the bidder, hence electricity bill for
CSC
shall have to be paid by successful bidder as per actual consumption. Sub-meter will be installed by
BSNL Electrical wing and manual bill also to be produced.

(3) Bidder shall be responsible for keeping the area neat and clean and do all marketing activities like
updating of poster/banners/new Tariff chart (provided by BSNL)etc.

(4) Bidder may be permitted to put additional canopies/other product marketing tools, in the premises for
promotion of BSNL products.
(5) Bidder may be permitted to utilize existing electric equipments light, fans, air-conditioners etc if
available otherwise they shall bring their own.

(6) Bidder should be responsible for maintaining infrastructure, electric equipment, furniture, computers and
replace the same if required, for proper upkeep of the CSC.

(7) One high speed BB/FTTH connection may be provided at CSC and connectivity to BSNL IT systems
shall also provided by BSNL on rent free basis.
(8) The firm shall return the BSNL premises and infrastructure along with any furniture or any other assets
which were handed over to the firm without any damages. In case any damage is found at the time of
taking over, the firm shall make good of the same, failing which the same shall be recovered by BSNL
from any amount due to BSNL including PBG.

2. Other Terms and conditions

(i) The CSCs are to be manned minimum from 8:00 am to 8:00 pm for all Category -1and
from 9:00 am to 6:30 pm for all Category – II & III on all days except National holidays.

(ii ) Proper training and dress code for staff manning the counters should be ensured by the
bidder.
(iii) Sale of products and services should be restricted only within CSCs.
(iv) The bidder will not be allowed to sell any non BSNL products from the CSC.

(v) Bidder will be paid for all sales as per franchise S&D Policy 2018, and related circulars on bill
payments or as modified from time to time.
The details of S&D Policy 2018 are enclosed as ANNEXURE-XI (in attachment)
Page 8 of 47
(vi) Bidder shall be paid Rs 20/- ( Rupees Twenty only ) per Aadhaar demographic /
Biometric or both updation and Rs 50 ( Rupees Fifty only ) per for new Aadhaar generation (
Successful ) or mandatory bio metric update. For Aadhaar related activity operator should be
through approved / empanelled agency by UIDAI. Penalty imposed by UIDAI for wrong
Aadhaar Generation / wrong Demographic / Biometric updation will be passed on the bidder.

(vii) Bidder will get commission/ facilitation charges as per franchisee policies of different
products/ services. All cash transactions in the CSC shall be done through the CBP/CTOPUP
wallet, and no cash transactions shall be done between BSNL and CSC partner for
Collections done in CSC.

(viii) The bidder shall be paid Rs.2/- ( Rupees Two only ) per transaction for items not defined
in Franchisee S&D policy 2018. There will be a capping of 150% for all non commercial
transactions e.g. issue of duplicate bills , DND activation / de activation etc. based on
average monthly volume of last six months, but it will be further restricted to ensure that it is
not more than 10% of total charges / commission earned in a month.

(ix) For CM related sales, no FOS will be paid on SIM sale or Recharge sale which is
otherwise paid as per franchisee S&D policy 2018.

(x) All changes in Franchisee S&D policy will be implemented with reference to the
Commission structure as and when BSNL does so.

xi) All Clarification / Amendments issued in respect of this tender form part
and parcel of the tender document.
3. DOCUMENTS ESTABLISHING FIRM'S ELIGIBILITY AND QUALIFICATION

3.1 The Company/ Firm is required to furnish the following documents in the technical proposal

(i) Certificate of Incorporation/Registration.

(ii) Copy of Articles and Memorandum of Association or Partnership deed or proprietorship deed
as the case maybe.

(iii) Details of the firm along with List of Directors on the Board of the Company / the partners
details along with their address, contact telephone numbers etc.

(iv) Board’s resolution in favour of authorized signatory.

(v) Attestation of the signature of the authorized signatory by the bidder’s bankers.

(vi) Certificates regarding eligibility conditions as per EOI.

(vii) Audited results of last three financial years (FY 2016-17 ,FY 2017-18 and FY 2018-19 )

(viii) A no relative certificate in the format as at Annexure-IV.

(ix) EMD/ Bid security, as per the details given in the Notice Details.

(x) Any other certificate(s) as per the EOI requirements.

3.2. In case of consortium bids, only lead bidder will interact with BSNL for
allObligations/payment; however all consortium members will be responsible for the
execution of the project.

3.3 A consortium member may participate in more than one consortium. However the bidder is not
permitted to be a consortium member under another bidder for this project.

3.4 No change in consortium members i.e. addition or dropping of a member shall be permitted
after the submission of the bid.

Page 9 of 47
4 Duration of the contract period.

Duration of contract will be 1 year. After 1 year, contract may be extended further for 1 year on
same terms and conditions based on performance
5. Financial Proposal and Evaluation

The bidder should quote a fixed amount above minimum benchmark to be paid to BSNL for
each Category-I / category – II / Category – III CSCs as per the Financial quote enclosed in
Annexure- I. The Highest Bid among the eligible bidders for each CSC shall be awarded the
work for that CSC. Bidder may choose to bid any number of CSCs offered in the EOI.
Evaluation shall be done for each CSC separately. However the successful bidder will be
awarded a maximum of 10 (Ten) CSCs from all CAT-I, CAT-II & CAT –III CSCs quoted by the
bidder.
The monthly amount quoted by the successful bidder per CSC has to be paid in
advance on or before 7th day of the Month, default on which invites penalty, subject to
decision made by competent authority of BSNL, from time to time.

6. Performance Bank Guarantee (PBG )

a)The successful bidder shall have to pay Performance Bank Guarantee(PBG )

as per Annexure-VI as detailed below.

PBG (Performance Bank Guarantee) with minimum amount of :

Rs.3.5 Lakhs for Category – I per CSC
Rs.2.5 Lakhs for Category – II per CSC
Rs.1 Lakh for Category – III per CSC
(based on) 5% of monthly revenue of last 6 months.
The PBG has to be submitted before signing of agreement within 15 days of LOI.

Time allowed for submission of performance guarantee from the date of issue of letter of
acceptance is 15 days beyond which the offer of the bidder is liable to be rejected. A maximum
of 15 days is allowable for extension of submission of performance guarantee in exceptional
cases. The decision of BSNL in this regard is final.

b)The PBG shall be initially valid for Eighteen months. For extension of Contract
further for Second year, PBG shall be to be renewed accordingly.
c)The bidder shall ensure that the Performance Bank Guarantee (PBG) is sent to BSNL
directly by the issuing Bank under Registered post (A.D). In exceptional circumstances where
PBG is submitted by the bidder to BSNL, the bidder should ensure that an unstamped
duplicate copy of the PBG is sent immediately by the bank directly to the purchaser by
Registered post (A.D)

d) Existing Franchisee exempted from additional PBG (over &above bid

security which will be converted to PBG), provided the existing PBG taken under
S&D policy is higher than required PBG as CSC policy and C-top up balances not
issued against cheques (against PBG of S&D policy)

All vendors (including MSEs who are registered with the designated MSME bodies, like
National Small Scale lndustries Corporation etc.) shall furnish performance security

7. Forfeiture of EMD/Bid Security:

The EMD/bid security may be forfeited

i) If the bidder withdraws or amends its bid or impairs or derogates from the bid in any respect
during the period of bid validity as in the bid document or

ii) In the case of successful bidder , if the bidder fails

a) to sign the contract on allocation of work or

b) to furnish the PBG as required

Page 10 of 47
 Note : The bidder shall mean individual company / firm or the front bidder and its technology /
consortium partner , as applicable.

8. Termination of Contract due to non performance (default)

(Exit Clause invoked by BSNL )

a) Each CSC will be assigned Quarterly targets for sale of SIM, recharge and new connection
based on the average volume of last quarter with an incremental increase up to 10% .
b) Failure to meet the targets for two successive quarters shall lead to first notice for termination
of contract.
c) On second failure to meet the target for one more quarter, the actual termination of
contract shall be done, without further notice.
d) If there are serious complaints about bad behaviour or non adherence to specified timings,
notice will be given to franchisees to take corrective action against those staff against whom
the complaint is received, if no remedial action is forthcoming it will be treated as no non
performance and will lead termination of contract with forfeiture of PBG as per the procedure
listed in (b) & (c) above.
e) PBG shall be forfeited if agreement/contract is terminated on performance based evaluation
mentioned under agreement.

9. Dispute Resolution/Arbitration

All the disputes, differences, controversies / differences of opinions, breaches and

violation arising from or related to the agreement arises out of this Agreement between parties
then such party or parties shall make a request to the other party or parties to amicably settle
such differences or disputes and parties shall thereupon make every effort to settle the same
amicably by mutual discussions / reconciliations in good faith and the same shall be resolved
within a period of 60 (sixty) days from the date of making of such request.

If the dispute, difference, controversies /differences of opinion, breaches and violation arising
from or related to the agreement cannot be resolved through conciliation/ discussions within
60(sixty) days of commencement of reconciliations / discussions, then such question, dispute
or difference (except as to the matters, the decision to which is specifically provided under
this agreement) shall be referred to a sole arbitrator ( Chosen from the name(s) provided by
BSNL), to be mutually decided by the parties, as per the provisions of the Arbitration and
conciliation Act, 1996, any amendment thereof , and any notification issued or rules made
there under from time to time.

The Arbitration and Conciliation Act, 1996 and the rules made there under or any statutory
modification or re-enactment there of or any rules made thereof shall be deemed to apply to
the arbitration proceeding under this clause.

The Arbitration proceeding shall be in English language.

The Venue of the arbitration proceeding shall be the office of the .Malappuram BA Headquarters or
such other places as the arbitrator may decide.

10. The commission for Franchisee as defined in Franchisee Policy 2017 and further
revision on Dated 19.09.2018 amended time to time shall be applicable to CSC Franchisee
for CFA Products. CSC-Franchisee CFA commission structure letter is attached as
Annexure-XII (in attachment).

11. Penalty imposed by UIDAI for wrong Aadhaar Generation / wrong Demographic /
Biometric updation is to be passed on the bidder.

Page 11 of 47
 ANNEXURE – I

FINANCIAL QUOTE
(Tendered rates may submitted only through Online)

1. The bidder should quote a fixed amount to be paid to BSNL for each Category-I / category – II /
Category – III CSCs as detailed below. The Highest Bid among the eligible bidders for each CSC
shall be awarded the work for that CSC. Bidder may choose to bid any number of CSCs offered in
the EOI. Evaluation shall be done for each CSC separately. However the successful bidder will be
awarded a maximum of 10 (ten) CSCs from all CAT-I, CAT-II & CAT –III CSCs quoted by the
bidder.

Sl.No. Name of BA Name of CSC Category Minimum Monthly Amount

Type Benchmark to be paid by the
Amount(Rs.) bidder to BSNL
(in Rs.)**

** TAXES shall be extra as applicable. Minimum Benchmark for each CSC may be fixed by BA
Head.

2. Bidder will present monthly claims with supporting documents.

3 For claim of commission on post paid new services, performa invoice shall be generated by the
BSNL IT system based on the business conducted, and successful payment of same by BSNL
customer. For new customer or add on / upgrade of service, the sales commission shall be paid as
per S&D policy 2018.

4. Bill collection for post paid services shall be through the CBP wallet and for pre-paid services
it shall be through the CTOPUP wallet. commission shall get paid as per BSNL S&D policy 2018 (
subject to future changes )

Signature of the Authorised signatory with Seal

Page 12 of 47
 ANNEXURE-II
List of Type-I CSCs proposed for outsourcing

Sl.no SSA Name of CSC Address of CSC Mini. Benchmark Amount (Rs.)

I.1 NIL

List of Type-II CSCs proposed for outsourcing

Sl.no SSA Name of CSC Address of CSC Mini. Benchmark Amount (Rs.)
Telephone Exchange
II.1 MRX Perinthalamanna Perinthalamanna 3000
Telephone Exchange
II.2 MRX Manjeri Manjeri 3000
Telephone Exchange
II.3 MRX Kondotty Kondotty 2000
Telephone Exchange
II.4 MRX Kottakkal Kottakkal 2000
Telephone Exchange
II.5 MRX Nilambur Nilambur 2000
Telephone Exchange
II.6 MRX Parapanagadi Parapanagadi 1500

List of Type-III CSCs proposed for outsourcing

Sl.no SSA Name of CSC Address of CSC Mini. Benchmark Amount (Rs.)
Telephone Exchange
III.1 Areacode Areacode 1000
Telephone Exchange
III.2 Chelari Chelari 1000
Telephone Exchange
III.3 Kalapakancheri Kalapakancheri 500
Telephone Exchange
III.4 Ponnani Ponnani 1000
Telephone Exchange
III.5 Valancheri Valancheri 1000
Telephone Exchange
III.6 Wandoor Wandoor 1000
Telephone Exchange
III.7 Tanalur Tanalur 500
Telephone Exchange
III.8 Changaramkulam Changaramkulam 1000
Telephone Exchange
III.9 Edakkara Edakkara 500

Page 13 of 47
 Telephone Exchange
III.10 Edavanna Edavanna 500
Telephone Exchange
III.11 Edavannapara Edavannapara 500
Telephone Exchange
III.12 Kadampuzha Kadampuzha 500
Telephone Exchange
III.13 Mangalam Mangalam 500
Telephone Exchange

III.14 Mankada Mankada 500

Telephone Exchange
III.15 Marancheri Marancheri 1000
Telephone Exchange
III.16 Melattur Melattur 500
Telephone Exchange
III.17 Pandikkad Pandikkad 500
Telephone Exchange
III.18 Pulickal Pulickal 500
Telephone Exchange
III.19 Tanur Tanur 500
Telephone Exchange
III.20 Tirurangadi Tirurangadi 750
Telephone Exchange
III.21 Valluvambram Valluvambram 500
Telephone Exchange
III.22 Vengara Vengara 1000
Telephone Exchange
III.23 Karingapara Karingapara 500
Telephone Exchange
III.24 Kolathur Kolathur 500
Telephone Exchange
III.25 Thazhekode Thazhekode 500
Telephone Exchange
III.26 Vylathur Vylathur 500
Telephone Exchange
III.27 Kunnumpuram Kunnumpuram 500
Telephone Exchange
III.28 Makkaraparamba Makkaraparamba 500
Telephone Exchange
III.29 Pulamanthol Pulamanthol 500
Telephone Exchange
III.30 Edappal Edappal 1000

Page 14 of 47
 ANNEXURE-III

MUTUAL NON-DISCLOSURE AGREEMENT

(On Rs. 100/- Non-Judicial Stamp paper)

This Agreement is made as of the _________ day of_____________ between BHARAT

SANCHAR NIGAM LIMITED (BSNL), a Government of India Enterprise, having its registered office
at Bharat Sanchar Bhavan, Harish Chandra Mathur Lane, Janpath, New Delhi (hereinafter called
BSNL) which expression shall unless repugnant to the subject or the context mean and included its
successors, nominees or assigns and M/s______________________
Incorporated________________ having its office located ______________hereinafter referred
as "____________ " which expression shall unless repugnant to the subject or the context mean and
include its successors, nominees or assigns.

Whereas in order to pursue the mutual business purpose of this particular project as specified in Bid
document for running customer service centre of BSNL (the "Business Purpose"), BSNL
and_____________ recognize that there is a need to disclose to one another certain information as

also defined in Para-1 below and/or customer information, customer volume, pricing, technical
information relating to service, provisioning, inter-connection and other potential business and or
technical information as necessary to evaluate potential arrangement involving their sale of
international telecommunications service of each party to be used only for the business purpose and to
protect such confidential information from unauthorized use and disclosure.

In consideration of the other party's disclosure of such information, each party agrees as follows:

1.This Agreement will apply to all confidential and proprietary information disclosed by one party to
the other party, including the discussion conducted by the parties under this Agreement in relation to
feasibility and possibility of business collaborations between the parties within various areas including
without limitation

(i)_____ (ii) ________(iii)________ and information listed in Bid document for Customer
Service Centre attached hereto and stated herein above or all information of disclosing party as in its
possession under obligations of confidentiality in whatever form transmitted relating to business plan
,operations and/or the proposed sale, purchase & use of telecommunications services which is disclosed by
the disclosing party or its affiliates/ related Company to receiving party and other information which the
disclosing party identifies in writing or otherwise as confidential before or within thirty days after disclosure
to the receiving party. Confidential Information means Information consists of certain specifications,
designs, plans, systems, technology, manufacturing process, drawings, software, prototypes and/or technical
information and all information & knowledge regardless of form of storage relating to or developed in
connection with Business purpose and for any businesses, prices, products, markets, promotions, strategies,
plans, customers, suppliers or employees of disclosing party or related Company or intellectual property
owned or used by disclosing party or a related Company or licensed to the

disclosing party or related Company and all copies and derivatives containing such information, that
may be disclosed to other another for and during the business purpose, which a party considers
confidential information.

Confidential information may be in any form or medium, tangible or intangible, and may be
communicated / disclosed in writing, orally, or through visual observation or learnt or accessed by
or by any other means to receiving party by the disclosing party. Information shall be subject to this
Agreement, if it is in tangible form, only if clearly marked as proprietary as confidential, when
disclosed to the receiving party or, if not in tangible form, its proprietary nature must first be

Page 15 of 47
 announced, and it must be reduced to writing and furnished to the receiving party within thirty (30)
days of the initial disclosure. The term 'affiliate' shall mean any person or entity controlled by or
under common control with a party. The related company in relation to a party means:
(a) that party's subsidiaries, holding companies and any other subsidiaries of
that party's holding companies:

(b) a company or joint venture in which a party has an equity interest, and which is or may be
involved in providing a telecommunications or Internet access service; and

(c) In case of M/s__________________________

2. ___________and BSNL hereby agrees that at during the confidentiality period:

a. The receiving party shall use information only for the business purpose and for the purpose of
evaluating and negotiating such potential arrangements shall hold information in confidence using
the same degree of care as it normally exercises to protect its own proprietary information, but not
less than reasonable care, taking into account the nature of the information, and shall grant access to
information only to its employees who have a need to know, but only to the extent necessary to
carry out the business purpose of this project as defined in Customer Service Centre Bid document,
shall cause its employees to comply with the provisions of this Agreement applicable to the
receiving party, shall reproduce information only to the extent essential to fulfilling the purpose,
and shall prevent disclosure of information to third parties, take all action reasonably necessary to
maintain the confidentiality of the other party confidentiality in branch, secure the other party's
confidentiality in practice against theft, loss or unauthorized disclosure. The receiving party may,
however, disclose the information to its consultants and contractors, related company with a need to
know; provided that by doing so, the receiving party agrees to bind those consultants and
contractors/ related company to terms at least as restrictive as those stated herein, advise them of
their obligations, and indemnify the disclosing party for any breach of those obligations.

b. Upon the disclosing party's request, and or at the time documents and other materials are no longer
required in connection with business purpose, the receiving party' shall either return to the disclosing
party all information or shall certify to the disclosing party that all media containing information
have been destroyed. Provided, however, that an archival copy of the information may be retained in
the files of the receiving party's counsel, solely for the purpose of proving the contents of the
information.
c. That the receiving party take reasonable steps to enforce the confidentiality obligations imposed or
required to be imposed by this agreement, including diligent by prosecuting at its own cost, any breach or
threatened breach of such confidentiality obligations by a person to whom it has disclosed confidential
information of the other party.
d. Neither party shall make any public announcement or press release the fact that the discussion is taking
place between the parties or existence or content of this Agreement.
3. The foregoing restrictions on each party's use or disclosure of information shall not apply to
information that the receiving party can demonstrate:

a. was independently developed by or for the receiving party/ or its affiliated or related
company without reference to the information or was received without restrictions: or
b. has become generally available to the public without breach of confidentiality obligations of
the receiving party: or
c. was in the receiving party's possession without restriction or was known by the receiving
party without restriction at the time of disclosure: or
d. is the subject of a subpoena or other legal or administrative/ demand or Rules or Regulations
of Regulator or appropriate authority, provided however that the receiving party has given the
disclosing party prompt notice of such demand for disclosure and the receiving party
reasonably cooperates with the disclosing party's efforts to secure an appropriate protective
order: or
e. is disclosed with the prior consent of the disclosing party: or
f. was in its possession or known to it by being in its use or being recorded in its files or
computers or other recording media prior to receipt from the disclosing party and was not

Page 16 of 47
 previously acquired by the receiving party from the disclosing party under an obligation of
confidence or

g. The receiving party obtains or was available from a source other than the disclosing party
without breach by the receiving party or such source of any obligation of confidentiality or non-
use towards the disclosing party.

The party seeking the benefit of above exceptions shall bear the burden of proving its
existence.

4. Each party agrees not to remove any of the other party's confidential information from the
premises of the disclosing party without the disclosing party's prior written approval. Each party
agrees to exercise extreme care in protecting the confidentiality of any confidential information
which is removed, only with the disclosing party's prior written approval, from the disclosing party's
premises. Each party agrees to comply with all terms & conditions the disclosing party may impose
upon any such approved removal, such as conditions that the removed confidential information and
all copies must be returned by a certain date, and that no copies are to be made off of the premises.

5. Each party, as a receiving party acknowledges that neither the disclosing party nor any ofits
representatives has made nor makes any representations or warranty, express, or implied as accuracy
or completeness of the confidential information of the disclosing party and arises that it must make
its own assessment of the confidential information.

6. Upon the disclosing party's request, the receiving party will promptly return to the disclosing
party all tangible items containing or consisting of the disclosing party's confidential Information all
copies thereof.

7. Each party recognizes and agrees that all of the disclosing party's confidential information is owned
solely by the disclosing party (or its licensors) affiliated/ related company and that the unauthorized
disclosure or use of such confidential information would cause irreparable harm and significant injury,
the degree of which may be difficult to ascertain. Accordingly, each party agrees that the disclosing
party will have the right to obtain or seek specific performance or an immediate injunction enjoining
any breach or threatened breach of this Agreement, as well as the right to pursue any and all other rights
and remedies available at law or in equity for such a breach.

8. Access to information hereunder shall not preclude an individual who has seen such information for the
purposes of this Agreement from working on future projects for the receiving party /affiliated /related
company which relate to similar subject matters, provided that such individual does not make reference to
the information and does not copy the substance of the information during the confidentiality period.
Furthermore, nothing contained herein shall be construed as imposing any restriction on the receiving party's
/its affiliated / related company's disclosure or use of any general learning, skills or know-how developed by
the receiving party's personnel under this Agreement, if such disclosure and use would be regarded by a
person of ordinary skill in the relevant area as not constituting a disclosure or use of the information.

9. As between the parties, all information shall remain the property of the disclosing party. By
disclosing information or executing this agreement, the disclosing party does not grant any license,
explicitly or implicitly, under any trademark, patent, copyright, mask work protection right, trade secret
or any other intellectual property right. THE DISCLOSING PARTY DISCLAIMS

ALL WARRANTIES REGARDING THE INFORMATION, INCLUDING ALL WARRANTIES WITH RESPECT TO
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS AND ALL WARRANTIES AS TO THE ACCURACY OR
UTILITY OF SUCH INFORMATION. Execution of this Agreement and the disclosure of information pursuant
to this agreement does not constitute or imply any commitment, promise, or inducement by either party or its

Page 17 of 47
affiliated/ related companies to make any purchase or sale, or to enter into any additional agreement of any
kind.

10. Either party's failure to enforce any provision, right or remedy under this agreement shall not
constitute a waiver of such provision, right or remedy.

11.Each party shall pay and bear all costs and expenses incurred by it in connection with the preparation
for, the performance of, and participation into the Discussion providing in format under this Agreement.

Nothing contained in this Agreement may construe as restricting either party to enter into any further
negotiation or agreement with third party regarding the same subject matter as the business purpose.

12. (a) The Disclosing Party warrants that it has all necessary rights to disclose lawfully the
Confidential Information and the Confidential Information has not been provided in breach of any other
agreement or arrangement with third parties. The Disclosing Party indemnifies the Recipient against
liability for third party claims on that basis.

(b)Each party warrants that it is a corporation with full corporate power and authority to enter into and
do all things necessary for the performance of this agreement. Each signatory to this agreement
warrants that he or she is authorized to sign on behalf of the corporation for whom he or she acts.

(c ) Each party agrees to comply with all applicable Laws and Regulations including but not limited
to laws and regulations relating to export and re-export of technical data documentation and / or
providing insofar as they relate to the information disclosed under this Agreement.

13. Except for the covenants herein, nothing under this Agreement or in the act of disclosing
Confidential Information will constitute or imply a binding obligation between the Parties if in the
future, the Parties elect to enter into a business relationship; both Parties will execute a separate
written Agreement.

14. Severance : If any of the provisions contained in this Agreement shall be declared invalid,
illegal or unenforceable in any respect under any applicable law, the validity, legality and
enforceability of the remaining provisions contained herein shall not in any way be affected or
impaired.

15. Notice: Any notice required or permitted to be given under this Agreement shall be given in
writing by personal delivery, certified or registered mail, or facsimile and shall be addressed to the
nominated addresses set forth below or such other address as either Party has notified the other Party
in accordance with this Article.

(i) If to BSNL:

Attention: Mr/Ms _________________

Address: ________________________

(ii) If to M/s: _________________

Attention: Mr/Ms. ____________________ Address: ____________________

Fax:_________________

Page 18 of 47
16. This Agreement and customer service centre Bid document attached hereto constitutes the entire
agreement of the parties with respect to the parties' respective obligations in connection with information
disclosed hereunder and supersedes all prior oral and written agreements and discussions with respect
thereto. The parties can amend or modify this Agreement only by a writing duly executed by their
respective authorized representatives. Neither party shall assign this Agreement without first securing the
other party's written consent.

17. The obligations of confidentiality imposed by this agreement survive the expiration or
termination of this agreement for a period of two years from (i) the last date of confidential
Information was disclosed to the receiving party or (ii) the completion of business purpose
whichever is later.

18. The Receiving Party takes all reasonable steps to notify the Disclosing Party immediately if
Confidential Information is disclosed in violation of the provisions of this Agreement or is otherwise
lost or unaccounted for. Furthermore, the Receiving Party will take all reasonable steps to notify the
Disclosing Party promptly of any actual or attempted use or possession of any Confidential
Information by any unauthorized person or entity which may become known to it and extend
reasonable cooperation to the Disclosing Party in any investigation or action against any such
persons or entities.
19. Notwithstanding anything to the contrary in this Non-Disclosure and Confidentiality
Agreement, if the Receiving Party learns that it is or may be required by applicable court order, law
or regulation to disclose any Confidential Information, then the Receiving Party will (i) attempt to
obtain a protective order or other appropriate relief in lieu of Disclosing such Confidential
Information, (ii) as promptly as possible after learning of a possible disclosure requirement, and in
any case prior to making disclosure take reasonable steps to notify the Disclosing Party of the
disclosure requirement so that the Disclosing Party may seek a protective order or other appropriate
relief, (iii) provide such cooperation and assistance as the Disclosing Party may reasonably request
in any effort by the Disclosing Party to obtain such relief, and (iv) take reasonable steps to limit the
amount of Confidential Information so disclosed and to protect its confidentiality.

20. This Agreement will be construed in interpreted and applied and governed in accordance with the
laws of India and jurisdiction of Court at_______________ India.

21. All the disputes, differences, controversies / differences of opinions, breaches and violation
arising from or related to the agreement arises out of this Agreement between parties then such
party or parties shall make a request to the other party or parties to amicably settle such differences
or disputes and parties shall thereupon make every effort to settle the same amicably by mutual
discussions / reconciliations in good faith and the same shall be resolved within a period of 60
(sixty) days from the date of making of such request.

If the dispute, difference, controversies /differences of opinion, breaches and violation arising from
or related to the agreement cannot be resolved through conciliation/ discussions within 60(sixty)
days of commencement of reconciliations / discussions, then such question, dispute or difference
(except as to the matters, the decision to which is specifically provided under this agreement) shall
be referred to a sole arbitrator ( Chosen from the name(s) provided by BSNL), to be mutually
decided by the parties, as per the provisions of the Arbitration and conciliation Act, 1996, any
amendment thereof , and any notification issued or rules made there under from time to time.

Page 19 of 47
 The Arbitration and Conciliation Act, 1996 and the rules made there under or any statutory
modification or re-enactment there of or any rules made thereof shall be deemed to apply to the
arbitration proceeding under this clause.
The Arbitration proceeding shall be in English language.
The Venue of the arbitration proceeding shall be the office of the .................... BA
Headquarters or such other places as the arbitrator may decide.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly
authorized officers or representatives.

FOR AND ON BEHALF OF FOR AND ON BEHALF OF

BHARAT SANCHAR NIGAM LIMITED

NAME:……………………….... NAME:……………………………..

DESIGNATION:……………… DESIGNATION:……………………

WITNESS WITNESS
1. 1.
2. 2.

Page 20 of 47
 ANNEXURE – IV

Format of Certificate about close relatives working in BSNL

(To be submitted by all the Owner/ Partners/Directors of the Company)

“I ……………………….. s/o ………………………….. r/o ……………………………. here by

certify that none of my relative(s) as defined in the EOI document is/are employed in BSNL
unit as per details given in tender document. In case at any stage, it found that the
information given by me is false / incorrect, BSNL shall have the absolute right to take any
action as deemed fit / without any prior intimation to me.”

The near relatives for this purpose are defined as:-

a) Members of a Hindu undivided family.
b) They are husband and wife.
c) The one is related to the other in the manner as father, mother, son(s) & son’s wife
(daughter in law), Daughter(s) and daughter’s husband (son in law), brother(s) and
brother’s wife, sister(s) and sister’s husband (brother in law).

Dated this ………….. Day of ……………… 20…

Seal and Signature: ………………………..

Page 21 of 47
 ANNEXURE –V

PROFORMA For the EMD/BIDSECURITY Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Sub: EMD/Bid Security guarantee.

Whereas M/s ……………………………

R/o ……………… ………… ……………………………………… (Hereafter referred to as Bidder) has

approached us for giving Bank Guarantee of Rs. ……………………/-
(hereafter known as the “B. G. Amount”) valid up to …../……/ 20….. (hereafter known
as the “Validity date”) in favour of GM of .................BA, BSNL, Kerala Circle (Hereafter referred to
as BSNL) for participation in the tender for …………………………………………….. vide tender no.
……………….

Now at the request of the Bidder, We ………………………… Bank ……..........…Branch

having ………………………………………… …………………………………. (Address) and

Regd. office address as ………………………………………………………………………………
… ……… ……………
(Hereinafter called ‘the Bank”) agrees to give this guarantee as hereinafter contained:

2. We the Bank do hereby undertake to pay the amounts due and payable under this
guarantee without any demur, merely on a demand from the BSNL stating that the amount
claimed is due by way of loss or damage caused to or would be caused to or suffered by the
BSNL by reason of breach by the said bidder(s) of any of terms or conditions contained in
the said Agreement or by reason of the bidder (s) failure to perform the said Agreement. Any
such demand made on the bank shall be conclusive as regards the amount due and payable
by the Bank under this guarantee where the decision of the BSNL in these counts shall be
final and binding on the bank. However, our liability under this guarantee shall be restricted
to an amount not exceeding the “B. G. Amount”.

3. We undertake to pay to the BSNL any money so demanded notwithstanding any dispute
or disputes raised by the bidder(s) in any suit or proceeding before any court or tribunal
relating thereto our liability under this present being absolute and unequivocal. The Payment
so made by us under this bond shall be valid discharge of our liability for payment there
under and the bidder(s) shall have no claim against us for making such payment.

4. We the Bank further agree that the guarantee herein contained shall remain in full force
and effect during the period that would be taken for the performance of the said agreement
and that it shall continue to be enforceable till all the dues of the BSNL under or by virtue of
the said Agreement have been fully paid and its claims satisfied or discharged or till BSNL
Certifies that the terms and conditions of the said Agreement have been fully and properly
carried out by the said bidder(s) and accordingly discharge this guarantee. Unless a demand
or claim under this guaranteeis made on us in writing or before the expiry of Validity date
from the date hereof, we shall be discharged from all liability under this guarantee thereafter.

5. We the Bank further agree with the BSNL that the BSNL shall have the fullest liberty
without our consent and without affecting in any manner our obligations hereunder to vary
any of the terms and conditions of the said Agreement or to extend time of performance by
the said bidder(s) from time to time or to postpone for any time or from time to time any of
the powers exercisable by the BSNL against the said
bidder(s) and to forbear or enforce any of the terms and conditions relating to the said
agreement and we shall not be relieved from our liability by reason of any such variation, or
extension being granted to the said Bidder(s) or for any forbearance, act or omission on the

Page 22 of 47
part of the BSNL or any indulgence by the BSNL to the said bidder(s) or by any such matter
or thing whatsoever which under the law relating to sureties would, but for this provision,
have effect of so relieving us.

6. Notwithstanding anything herein contained;

(a) The liability of the Bank under this guarantee is restricted to the “B. G. Amount” and it
will remain in force up to its Validity date specified above.

(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or before
its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Cash), ...............BA, BSNL” payable at
..................(Location of BA).

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the
Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….

Name of the Bank officer: …………………………….....

Designation: ………………………...............………….…

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers …………………………….............

Fax numbers ………………………………....................

Page 23 of 47
 ANNEXURE –VI

Performa For the Performance Bank Guarantee

(To be typed on Rs.100/- non-judicial stamp paper)

Dated:……………..

Whereas GM,..................BA, BSNL ,Kerala Circle R/o …………………………..…………

…………………..(hereafter referred to as BSNL) has issued an APO no.
…………..………. Dated ……/……/20…..the supply of …………… …… …
………………………………….. for M/s…………………..……………………………R/o
……………………………………………………………… (hereafter referred to as “Bidder”)
and BSNL has asked him to submit a performance guarantee in favour of GM, ............ BA,
BSNL , Kerala Circle of Rs. …………..……/- (hereafter referred to as “P.G.
Amount”) valid up to ……/……/20………(hereafter referred to as “Validity Date”)

Now at the request of the Bidder, We ……………… Bank …………………………Branch

having ……………………..…………………… ………. .……………………………… …….
(Address) and Regd. Office address as……
………...……………………………………………………….....................................................
(Hereinafter called ‘the Bank”) agreed to give this guarantee as hereinafter contained:

2. We, “ Name of the Bank” do hereby undertake and assure to the BSNL that if in the
opinion of the BSNL, the Bidder has in any way failed to observe or perform the terms and
conditions of the said agreement or has committed any breach of its obligations there-under,
the Bank shall on demand and without any objection or demur pay to the BSNL the said sum
limited to P.G. Amount or such lesser amount as BSNL may demand without requiring BSNL
to have recourse to any legal remedy that may be available to it to compel the Bank to pay
the same.

3. Any such demand from the BSNL shall be conclusive as regards the liability of Bidder to
pay to BSNL or as regards the amount payable by the Bank under this guarantee. The Bank
shall not be entitled to withhold payment on the ground that the Bidder had disputed its
liability to pay or has disputed the quantum of the amount or that any arbitration proceeding
or legal proceeding is pending between Bidder and BSNL regarding the claim.

4. We, the Bank further agree that the guarantee shall come into force from the date of its
issue and shall remain in full force and effect up to its Validity date.

5. The Bank further agrees that the BSNL shall have the fullest liberty without the consent of
the Bank and without affecting in any way the obligations hereunder to vary any of the terms
and conditions of the said agreement or to extend the time for performance of the said
agreement from any of the powers exercisable by BSNL against the Bidder and to forebear to
enforce any of the terms and conditions relating to the said agreement and the Bank shall
not be relieved from its liability by reason of such failure or extension being granted to
Bidder or through any forbearance, act or omission on the part of BSNL or any indulgence
by BSNL to Bidder or any other matter or thing whatsoever which under the law relating to
sureties would but for this provision have the effect of relieving or discharging the
guarantor.

6. Notwithstanding anything herein contained;

(a) The liability of the Bank under this guarantee is restricted to the P.G. Amount and it will
remain in force up to its Validity date.

Page 24 of 47
(b) The guarantee shall stand completely discharged and all rights of the BSNL under this
Guarantee shall be extinguished if no claim or demand is made on us in writing on or before
its validity date.

7. In case BSNL demands for any money under this bank guarantee, the same shall be paid
through banker’s Cheque in favour of “AO (Cash) , ...........BA, BSNL”payable at
................(Location of BA)

8. The Bank guarantees that the below mentioned officer who have signed it on behalf of the
Bank have authority to give this guarantee under its delegated power.

Place: ……………………………

Date: ………………………….. (Signature of the Bank Officer)

Rubber stamp of the bank

Authorized Power of Attorney Number: ……………….

Name of the Bank officer: …………………………...…..

Designation: ………………………………..............….…

Complete Postal address of Bank: ……………………

………………………………………………………………

Telephone Numbers ……………………………............

Fax numbers …..................…………………………..…

Page 25 of 47
 ANNEXURE –VII
Details about the firm (Bidder)

S.No Details Required Response from the bidder

Full Name of the Firm

1 ( in capital letters)

2 Address of the Firm

3 Contact Number of the Firm

4 Details of the authorized signatory Name

Designation

Phone

Mobile

Email

Address:

5 Type of Firm (proprietary

/Partnership/Ltd/Pvt. Ltd)

6 Income Tax Account No./ Pan No.

(Latest Income Tax clearance
certificate to be attached with
proposal)

7 Board of 1
directors
2
3
4
5

I hereby certify that the above - mentioned particulars are true and correct.

Signature designation & Seal of Firm

Name & Full Address of the Firm

Page 26 of 47
 ANNEXURE-VIII

LETTER OF AUTHORISATION FOR ATTENDING BID OPENING

(To reach before date of bid opening)

To

Subject: Authorization for attending bid opening on

__________________(date) in the EOI of ________________________________ .

Following persons are hereby authorized to attend the bid opening for the tender
mentioned above on behalf of ___________________________________.

Order of preference Name Specimen Signature

i.

ii.

Alternate representative

Signature of Bidder

Or

Officer authorized to sign the bid Documents on behalf of the bidder

Note: 1. Maximum of two representatives will be permitted to attend bid opening. In

cases where it is restricted to one, first preference will be allowed.
Alternate representative will be permitted when regular representatives are
not able to attend.

2. Permission for entry to the hall where Bids are opened may be refused in case
authorization as prescribed above is not recovered.

Page 27 of 47
 ANNEXURE - IX
FORMAT OF AGREEMENT
(for Operation and Maintenance of BSNL CSCs)

(The Agreement should be typed on non-judicial stamp paper of Rs. 100/-)

This agreement is made at ___________ day of ________ 20___, between

______________ BA, Kerala Telecom Circle of Bharat Sanchar Nigam Limited (BSNL),a Company
incorporated under the Companies Act, 1956 having its Registered Office & Corporate Office at Bharat
Sanchar Bhawan, Harish Chandra Mathur Lane, Janpath, New Delhi-110001, Circle office at O/o GMT,BSNL,
PMG Junction, Trivandrum-695033 and BA at _________________________(hereinafter referred to asBSNL”
which expression shall be deemed to include its successors and assigns wherever the context so admits or
requires) through its duly authorized representative Shri_____________ (Name & Designation) ________

ON THE ONE PART.

AND

M/s ________________, (existing BSNL Franchisee or the Firm)(hereinafter referred to as the “Firm”
(M/s.____________/firm in short, both terms have been used in this document interchangeably) which
expression shall include his servants, heirs, executors and administrators wherever the context so
admits or requires) through its authorized representative, Shri/Smt _______________

ON THE OTHER PART.

WHEREAS
(a) BSNL is desirous of operating and maintaining BSNL Customer Service Centres (as detailed
below) for selling BSNL products and services and providing Aadhar related activities on
contract basis

Whereas BSNL invited bid / Expression of Interest (EOI) ______ dated______ for Operation
and Maintenance of BSNL CSCs, based upon evaluation of bids received under said EoI M/s
_______ has been shortlisted /emerged as successful bidder for providing services(for the
CSCs as mentioned below) on the terms and conditions as agreed herein between parties of
this agreement.
(b) M/s __________has been awarded the work of Operating and Maintaining BSNL Customer
Services (as mentioned below) and the Firm agrees to operate and maintain BSNL CSCs (as
mentioned below)subject to the terms and conditions hereinafter appearing.
(c) The Firm have given an unconditional Bank Guarantee of Nationalized Bank of Rs.
______________ valid for _______ years, ______ months and shall be refunded after due
fulfillment of the said agreement.

Now it is hereby agreed by and between the parties hereto as follows:

In consideration of due observance & performance of all the terms and conditions
mentioned in this agreement and its Parts and Annexure, EOI no.______ dated____, for Operation
and Maintenance of BSNL CSCs, attached here to and forming part and parcel of this agreement,
BSNL and The Firm agree to sign this agreement on exclusive basis to provide services as per
conditions contained in various parts, annexure, EOI for Operation and Maintenance of BSNL
CSCs, attached hereto.

Definitions

1.1 Services: Services shall include:

a) Sale of new SIMs. Normal and Bulk Booking/Vanity and fancy number booking / Post
paid to pre-paid and vice versa conversions.
b) Plan change/ISD /International roaming.
c) VAS services.
d)Replacement of SIMs
e)Sale of post paid mobile connections
f)Sale of Top-ups/STVs /PVs

Page 28 of 47
 g)Sales Complaint redressal.
h) Processing of MNP requests
i)Bill collection of Landline/Broadband/FTTH/Post paid Mobile
j)New Phone bookings and feasibility of and line/Broadband/FTTH/Wings / ASEEM/ Vanity booking
/ ISDN/PRI/BRI.
k)DND Activation/deactivation.
l)Handling of bill related queries and complaints.
m) Carrying out Aadhar demographic/biometric or both updation. Aaadhar related activities through
approved / empanelled agency by UIDAI
n)Receiving and co-ordinating request for shift, name transfer and closure of connections.
o)All commercial services which are presently being offered in CSCs ( Including services
being provided free of charge ) and all commercial and CSC services which may emerge in
future.

1.1 BSNL products: The phrase ‘BSNL products’ refers to such primary and secondary
products of BSNL, as may be defined as such by BSNL from time-to-time through its CM
S&D Policy – 2018.
1.2 SIM Cards: SIM (Subscriber Identity Module) Card is provided to each BSNL Subscriber,
who applies for GSM connection. It contains a microcomputer Chip with memory. The SIM
card has to be plugged into the GSM Handset to activate the phone.
1.3 SIM / USIM / RUIM: A SIM card is used in 2G services; USIM is used in 3G/4Gservices
while RUIM is used in CDMA handsets.
1.4 Booking a Connection: A subscriber can book a 4G/ 3G / 2G post-paid mobile connection
by paying a refundable Security Deposit and an activation fee. 4G/ 3G / 2G Pre-paid mobile
connection can be booked by paying the fixed (non-refundable) charges. Subscribers can
further book/shift/name transfer and close Landline/Broadband/FTTH/ Wings/ ASEEM,
Vanity booking/ISDN/PRI/BRI, subject to feasibility.
1.5 Services Bill: It will include ‘monthly rental’, ‘Airtime charges’ and ‘BSNL/Fixed Line
charges’ incurred by all calls made by the subscriber. Airtime charges are calculated at a
pre-determined rate per unit time (as per tariff structure declared from time to time), or any
other charges. BSNL /Mobile/ Fixed Line Charges : Whenever a call is made from a Cellular
phone to an BSNL or any other company’s phone or when long distance network is used,
certain amount levied by BSNL/MTNL/ other operator which is normally called BSNL /Fixed
Line charges. This includes the Local, STD and ISD charges. Bills will also include invoices
raised for Landline/Broadband/FTTH/Wings/ Aseem connections.

1.6 Activation Fee: Onetime non-refundable charges levied for energizing a cellular phone
connection.
1.7 Security Deposit: A refundable deposit taken from subscriber as security at the time of
enrolment or/and additional services availed like value-added services, ISD etc.
subsequently. Security Deposits include such deposits in vogue as declared by BSNL for
Landline/Broadband/FTTH/Wings/Aseem connections.
1.8 Commencement Date means the date on which the Agreement comes into effect in
accordance with the provisions of Clause hereof.
1.9 Services and Territory shall mean the Customer Service Centres (as detailed below) and
as amended/appended in writing by the agreement of both the parties from time to time.
1.10 The Firm shall include its employees, agents and authorized representatives who shall be
responsible for the scope of work, as defined in the EOI.
2.0 Exclusivity: The Firm understands and agrees that this agreement is on “Exclusive
Basis”.
3.0 Content: The Policy for outsourcing the Operation and Maintenance of BSNL CSCs
and its future revisions, the annexure attached hereto & the EoI document annexed
hereto, LoI and subsequent instructions to The Firm shall form integral part of this
agreement and incorporated herein by this reference.
4.0 Specifications of work, conduct, requirements, standards and operating procedures:
As described in the EoI and in Policy Guidelines for outsourcing the Operation and
Maintenance of BSNL CSCs.
Page 29 of 47
 4.1 The Firm hereby agrees and unequivocally undertakes to fully comply with all the
terms and conditions stipulated in agreement along with its parts, Policy Guidelines for
Outsourcing the Operation and Maintenance of BSNL CSCs, EoI, LoI attached hereto
without any deviation and reservation of any kind, unless mutually agreed between the
parties at any given time.
4.2 The Firm has submitted a bank guarantee of Rs.__________ as a security towards
due observance and performance of terms and conditions of this agreement and
Agreement with BSNL RD. The PBG shall be valid for 18 months.

5.0 Commencement and the Duration of the Agreement

5.1 The Agreement shall come into effect on the date mentioned in the heading of the
Agreement. The Agreement shall be valid for a period of 12months from the date of
its commencement and may be extended further for 1 year on same terms and
conditions based on performance which may be communicated preferably 2 (two)
months prior to the expiry of the Agreement. If at any stage during the tenure of this
agreement it comes to the notice of BSNL, directly or otherwise that Firm had
misrepresented the facts or submitted any false information, which could have
affected the signing of this agreement with Firm, this agreement shall stand
terminated immediately under intimation to the Firm.
5.2 In case, any future statutory provision warrants variation in the Agreement/Policy,
in in anyway, both parties will, in good faith, use their best endeavour to agree to
such terms and conditions as may be necessary. However, in case no such
agreement can be reached, BSNL shall have the right to withdraw from this
Agreement.

5.3 The effect of withdrawal from the Agreement under Clause 5.2 would be that the
Agreement shall stand terminated within one month from the date of variation.

6.0 Award of work to M/s.______________

6.1 M/s................... having been awarded the work of Operation and Maintenance of
BSNL CSCs (as detailed below) for which M/s._______ will submit monthly claims
which will be compensated by BSNL as described in EOI / “CM-S&D Policy-2018”.
The compensation can be modified by BSNL as per procedure described in EoI.

6.2 BSNL will supply to the Firm all the relevant data, guidelines and other information to
effectuate the purpose of the Agreement.

6.3 On termination of the Agreement, howsoever occasioned/caused, no compensation etc.

shall become due to the Firm.

6.4 The Firm and BSNL shall act on a principal to principal basis and at no time, Firm shall act in
the capacity of an agent of BSNL. Firm shall not have any right or authority to negotiate,
conclude or execute any contract or legal document with any third person in the name of
BSNL; to assume, create, or incur any liability of any kind, express or implied, against or in
the name of BSNL; or to otherwise act as the representative of BSNL, unless expressly
authorized in writing by BSNL

7.0 General Obligations of the Firm

7.1 The Firm shall be responsible for provision of Services and other responsibilities as
described in Annexure B.
7.2 The Firm shall employ/man adequate persons/positions for the provision of Services,
including the On boarding of at least one Aadhar Enrolment Kit (AEK) in the CSC in case of
Type III CSC and both the AEKs in case of Type I and Type II CSCs through an operator
approved/empanelled agency by UIDAI and carrying out Aadhaar demographic/Biometric or
both updation,, as per the scope of work detailed in EOI in the the CSCs (as detailed below).
The Firm shall use its best efforts to actively provide effective services to the subscribers of
BSNL and always act in the interest of both BSNL and its subscribers.

7.3 The Firm shall not during the continuance of this Agreement or after itstermination
(whether alone or directly or indirectly) be interested or concerned in any business or
activity which is in competition with the business or activities of BSNL. The Firm

Page 30 of 47
 acknowledges that the adherence to this provision is a material obligation of this
Agreement.
7.4 The Firm shall obtain from the customer, maintain and mandatorily deliver filled up Customer
Application Forms (CAF) to the BSNL, in respect of all the new customers/existing
customers, required as per the prevailing procedures, to avail the services of Fixed Access
and Mobile of BSNL.
7.5 The Firm shall treat as confidential and secret all verbal and written communication, lists and
circulars which in the opinion of BSNL are regarded as confidential information and/or trade
secrets. The Firm shall adopt and implement security procedures acceptable to BSNL for
determining the persons to whom such information is authorized to be disclosed based upon
such person’s need to know the same for the purpose of fulfilling his responsibilities in
relation to the Agreement. Confidential and trade secret information shall remain the property
of BSNL and shall be returned to BSNL upon termination of this Agreement in the manner
prescribed by BSNL. The Firm hereby undertakes and agrees not to retain and make any
copies of the entrusted confidential information.

7.6 BSNL reserves the right to suspend the operation of this agreement, at any time, due to
change in its own license conditions or upon directions from the competent government
authorities. In such a situation, BSNL shall not be responsible for any damage or loss caused
or arisen out of aforesaid action. Further, the suspension of the agreement will not be a
cause or ground for extension of the period of the agreement and suspension period will be
taken as period spent. During this period, no charges for use of the facility of the Firm shall
be payable by BSNL.
7.7. The firm shall return the BSNL premises and infrastructure along with any furniture or any
other assets which were handed over to the firm without any damages. In case any damage
is found at the time of taking over, the firm shall make good of the same, failing which the
same shall be recovered by BSNL from any amount due to BSNL including PBG.
7.8 The firm should not sublet any part of the agreement or any of the BSNL assets including
BSNL premises to any third party.

8.0 General Obligations of BSNL:

8.1 BSNL shall provide covered space without any charges. Existing infrastructure of CSC shall
be handed over on as-is where-is basis.

8.2 Since the CSC premises will be utilized exclusively by the Firm, electricity bill for CSC shall
have to be paid by the Firm as per actual consumption. Sub-meter will be installed by BSNL
Electrical wing and manual bill also to be produced.
8.3 One high speed BB/FTTH connection may be provided at CSC and connectivity to BSNL. IT
systems shall also be provided by BSNL on rent free basis.
8.4 BSNL will pay the Firm for all sales as per franchisee S&D Policy 2018 and related circulars
on bill payments or as modified from time to time.
8.5 The Firm shall be paid Rs 20.00 per Aadhaar demographic / Biometric or both updation and
Rs 50.00 per new Aadhaar generation (successful) or mandatory biometric update. For
Aadhaar related activity operator should be through approved / empanelled agency by
UIDAI.
8.6 The Firm will get commission/ facilitation charges as per franchisee policies of different
products/ services. All cash transactions in the CSC shall be done through the
C.BP/CTOPUP wallet and no cash transactions shall be done between BSNL and the bidder
for collections done in CSC.
8.7 The Firm shall be paid Rs 2/- per transaction for items not defined in franchise S&D Policy
2018. There will be a capping of 150 % for all non commercial transactions e.g. issue of
duplicate bills, DND activation deactivation etc based on average monthly volume of last six
months, but it will be further restricted to ensure that it is not more than 10% of total
Charges/commission earned in a month.
8.8 For CM related sales no FOS will be paid on SIM sale or Recharge sale, which is otherwise
paid as per franchisee S&D Policy 2018.
8.9 All changes in Franchisee S & D policy will be implemented with reference to commission
structure as and when BSNL does so.
8.10 Firm will be responsible for intimating their state-wise GSTIN No.(s) to BSNL for billing
purpose (in case Firm are registered in multiple states).

Page 31 of 47
9.0 Targets

9.1 The Firm agrees that he/ she/ they shall adhere to targets and its terms as described in
Annexure C.
9.2 BSNL shall communicate to the Firm Quarterly targets for sale of SIM, recharge, and new
connection shall be assigned based on the average volume of last quarter with an
incremental increase up to 10%. These quarterly targets will be communicated by BSNL in
last week of previous quarter or in the first week of the quarter.
9.3 Failure to meet the targets for two successive quarter shall lead to first notice for termination of
contract.
9.4 On second failure to meet the target for one more quarter, the actual termination of
contract shall be done, without further notice.

10.0 Service Orders

10.1 All services to be effected in pursuance hereof shall be governed by the terms and conditions
of the Agreement notwithstanding any terms and conditions as set out in the letters or
communications addressed by BSNL to the Firm and the Firm/ the Firm’s representative
acknowledgment thereof.
10.2 The Firm shall devise an efficient administrative process for the mandatory delivery of filled
up Customer Application Forms (CAF) collected in CSC, to BSNL.

11.0 Payment to M/s.__________

The payment to M/s.__________will be made as announced by BSNL from time to time and shall
be revised or discontinued by BSNL as per the changes in business environment. The monthly
amount quoted by the Firm has to be paid in advance on or before 7th day of the Month, default
on which invites penalty, subject to decision made by competent authority of BSNL, from time to
time. The payment shall be subject to the terms & condition as described in Annexure-D.

12.0 Tax Liability: M/s.__________have to comply with all applicable taxes as per Central /
States/ Local Laws.

12.1 BSNL services i.e. Secondary / subsequent incentives such as incentive on FRC/RC, any
scheme based incentive, etc. to the Firm shall be given after levy of applicable taxes i.e.
TDS/GST etc., wherever applicable.
12.2 BSNL shall, on a conservative basis, withhold tax at source under Chapter XVIIB of the IT Act,
1961 on all payments to the Firm against provision of Services.
12.3 BSNL shall also withhold tax at source under Chapter XVIIB of the IT Act, 1961 on the
secondary/ subsequent incentives provided to the Firms (refer point c above)
12.4 BSNL shall be responsible for discharging GST liability in cases where the Firm is not
registered under GST. It is further agreed that the Firm shall not charge tax on invoice
12.5 GST paid by the Firm to BSNL and by BSNL to the Firm (as the case maybe w.r.t. secondary/
subsequent incentive granted by BSNL) shall be available to Firm and BSNL, respectively, as
ITC which can be set off against the GST charged by the Firm or BSNL
12.6 Methodology and applicable tax deduction/reconciliation on payment like discount at the time
of sale of BSNL services, discount on FRC/RC, any scheme based incentive, etc. to the Firm
may be changed time to time & necessary instructions shall be issued by concerned cell of
BSNL CO.
12.7 The invoices raised by the Firm and BSNL should comply with all the conditions as prescribed
under the tax invoice rules under Central Goods and Service Tax Rules, 2018
12.8 In case of any deficient supply or incomplete supply, it shall be the responsibility of the Firm to
issue GST compliance credit note within the reasonable time and take tax adjustment. In case
the Firm fails to issue proper credit note within the time stipulated under the GST law the taxes
charged and not adjusted would be borne by the Firm.
12.9 The Firm to comply with all the compliances as may be prescribed to ensure that compliance
rating is not reduced below the prescribed limit as laid down under GST Act and GST
regulations. The Firm may be required to submit a self-declaration from time to time, that they
are not black-listed on the GST portal. Notwithstanding anything contained in agreement, in
the event of black listing of supplier i.e. compliance rating reduced below the prescribed limit,
the amount related to tax shall be paid to the Firm only on receipt of input tax credit to BSNL
12.10 Applicable Tax deductions/ reconciliation/ accounting related instructions/ guidelines shall be
issued by concerned cell of BSNL CO, which shall be applicable to circle/SSA.
12.11 In case of secondary/ subsequent incentives provided to the Firm, it shall be the responsibility
of the Firm to raise appropriate tax invoice as per the provisions of GST Act. BSNL reserves

Page 32 of 47
 the right to be indemnified for the credit loss in case BSNL is unable to claim the ITC for any
non-compliance / default in raising appropriate invoice by Firm. Further all invoices should be
sent to BSNL promptly and in no case beyond 30 days of Invoice date.

12.12 Further the Firm is required to comply following requirements w.r.t. issuance of invoice:
1. All the details of the Firm(name, address, GSTIN/ unregistered vendor, place of supply,
SAC/ HSN code etc.) and other mandatory details shall be mentioned on the invoice;
2. Invoice/Debit Note/Credit Note need to be issued timely within the time prescribed under
GST law;
3. It would be the responsibility of the Firm to declare correct information on invoice and GST
portal viz. the amount, the place of supply, rate of tax etc. In case, the eligibility of input tax
credit is questioned or denied to BSNL on account of default by the Firm, the same would
be recovered by BSNL from the Firm;
4. Registered location of BSNL shall be mentioned in the agreement with GSTIN No.the Firm
shall not raise invoices at the registered premise of BSNL for availment of credit and
ensure that the place of supply as per GST law is same as registered premise;
5. It shall be the responsibility of the Firm to raise invoice within the prescribed timelines.
6. The Firm to share the monthly information (w.r.t. amount/commission) with BSNL which
would be uploaded by the Firm in its GSTR -1 along with the information of input credit to
be claimed by BSNL in such month. It shall be the responsibility of the Firm to provide
reconciliation statement of all the supplies made by it including issuance of credit note,
debit note or other documents on or before _______
7. GST (if applicable) on account of liquidated damages due to delay in supply of BSNL
services would be borne by the Firm.
8. BSNL reserves the right to amend and the Firm agrees to the amended procedures which
may be required pursuant to changes in GST law or pursuant to change in BSNL’s policy

13.0 Brand name, Logos and Trademarks

13.1 The Firm accepts for all purposes that any brand names, logos, trademarks or identifying
slogans affixed by BSNL or any of the Firm/ Firm’s affiliated companies to the services,
whether registered or not, constitute the exclusive property of BSNL or their affiliated
companies and cannot be used except in connection with the Services. The Firm shall not
contest, at any time, the right of BSNL or its affiliated companies to any brand names or
Logo used or claimed by BSNL or such companies.

13.2 During the term of this Agreement, the Firm is authorized to use BSNL’s brand name(s),
logos and trademarks only in connection with the Firm/ the Firm’s employed persons’
commitments as set out in this Agreement. The Firm/ the Firm’s employed persons’ use of
such logos and trade names shall be in accordance with the guidelines issued by BSNL. In
the event of termination of this Agreement, howsoever caused, the Firm/ the Firm’s
employed persons’ right to use such trademarks, logos shall cease with immediate effect.
The Firm agrees not to attach any additional trademarks, logos or trade designations to any
services of BSNL thereafter.

13.3 As long as this Agreement remains in force but not thereafter, subject to Clause 13.2 above,
the Firm may identify itself as an Authorised Firm for carrying out O&M of _______ CSC but
shall not use the brand names, logos and trademarks of BSNL as part of its corporate or
partnership name or otherwise indicate to the public that it is an affiliate or agent of BSNL.
13.4 The Firm will not publish, nor cause to be published, any advertising, or make any
representations oral or written, which might confuse, mislead or deceive the public or which
are detrimental to the name, trademarks, goodwill or reputation of BSNL. It is advisable that
such advertising may be got approved by BSNL prior to publication.
13.5 BSNL shall allow the Firm to use its logo/ trademark to be displayed on the signboard to be
placed at the ________CSC. However, the intellectual property rights associated with such
brand names, logos and trademarks are and shall remain the sole property of BSNL.
13.6 The Firm shall not use any name, emblem, logo or trademarks of its own.

Page 33 of 47
 14.0 Warranty

14.1 The Firm hereby expressly warrants that Services related to O&M of
____________CSC as specified herein shall be efficiently serviced by the Firm with high quality
standards as specified by BSNL from time to time. The standards and specifications as set by BSNL
shall be strictly adhered to by the Firm without any qualifications.
14.2 The Firm shall not make any representation to customers or give any warranties other than
those contained in any standard terms and conditions set out in the customer Application
Forms (CAF).

15.0 Service Availability

15.1 BSNL reserves the right to delete from this Agreement, Services and CSCs in which the Firm
is not able to perform, and in such an event BSNL shall give to the Firm as much notice of
such deletion as is practicable in the circumstances.
15.2 BSNL shall be vested with the sole discretion to amend, review, suspend, cancel, change or
extend the scope and ambit of the services and CSCs as specified in EoI / CM-S&D Policy-
2018

16.0 Software: In relation to any software supplied by BSNL to the Firm(if any) solely for
performance under this agreement, the Firm acknowledges that all intellectual property rights
in such software are and shall remain the property of BSNL or a third party licenser as the
case may be. Furthermore, the Firm agrees that he will take steps necessary to protect these
intellectual property rights and to comply with such requirements in this regard as BSNL may
impose from time to time.

17.0 Exit Clause: The firm may, by giving 60 days notice in advance, exit from the agreement and
the agreement shall stand terminated on expiry of 60th day from receipt of such notice. In
such cases, any amount whatsoever due to BSNL against the agreement shall be recovered
from the firm and also the PBG shall be forfeited. The decision of BSNL in this regard will be
final.

18.0. Termination for Cause: This Agreement can be terminated on any of the grounds and in the
following manner:

18.1 Performance based termination:

a) Each CSC will be assigned Quarterly targets for sale of SIM, recharge and new connection
based on the average volume of last quarter with an incremental increase up to 10%.
b) Failure to meet the targets for two successive quarters shall lead to first notice for termination
of contract.
c) On second failure to meet the target for one more quarter, the actual termination of contract
shall be done, without further notice
18.2 Without prejudice to any other provision for termination in this agreement, BSNL shall be
entitled to forthwith terminate this agreement, without any liability to BSNL, by providing
notice in writing to the Firm of this agreement upon the occurrence of any of the following
events:-
18.3 If the Firm commits any breach, of any of the terms and conditions of this agreement and in
case such breach is capable of being remedied, the Firm fails to remedy the same within
thirty(30) days after receipt of a notice in writing from BSNL giving full particulars of the
breach and requiring it to be remedied, or
18.4 If the Firm commits any breach, of any of the terms and conditions of this agreement and if
such breach is not capable of being remedied, or
18.5 If the Firm is found involved in fraud or other illegal or unethical activities in relation to any
subject matter associated with this agreement.
18.6 BSNL may also terminate this agreement for any other reason at any time during the term of
this agreement by delivering not less than 30 days’ prior written notice of such termination to
the Firm.
18.7 If either party suffers distress or execution or commits an act of bankruptcy or insolvency or
put into liquidation (otherwise than solely for amalgamation or restriction) or if a receiver is
appointed over any part of the party’s business then the other party shall have a right to
terminate this agreement by written notice forthwith.

18.8 In case the Firm parts with its business including its assets in favour of any 3rd party directly
or indirectly, BSNL will have a right to terminate this agreement forthwith. The exercising of

Page 34 of 47
 the right of cancellation / termination shall not have the effect of waiving any damages to
which BSNL might otherwise be entitled to.

19.0 Consequences of Termination: In the event that Agreement is terminated, the following
shall be the consequences.

19.1 All rights of the Firm under this Agreement shall cease and no payment whatsoever shall be
due to the Firm for loss of goodwill, anticipated profits and any other claims or losses on
account of such termination. The Firm hereby waives any claim to receive any compensation
as a result of the termination of this Agreement.
19.2 On termination or surrender or expiry of this agreement, any sums payable under this
Agreement and which are unpaid on the date of termination shall forthwith become due and
payable by the Firm. In case failure of the Firm to pay the amounts due to BSNL, the Firm
shall be liable to pay interest @12% per annum along with applicable GST if any, on this
realization of the said outstanding amount. The outstanding amount shall be realized from
the pending dues of bills due to the Firm or from the encashment of BG without prejudice to
any other risks & remedies available to BSNL.
19.3 The provisions of this Agreement shall, to the extent stated or necessarily implied, survive
the termination thereof.
19.4 Subject to the provisions of this agreement, cancellation or termination or expiry of this
Agreement shall not relieve or release either party from making payments which may be
owing to the other party under the terms of this Agreement.
19.5 The Firm shall at its own expense return to BSNL promptly all information, documentation
and materials to BSNL which relate to the services and / or software and future marketing
plans or future models of BSNL together with any copies thereof or any other documents
entrusted to the Firm by BSNL. The Firm shall not represent BSNL in any of its dealing and
use BSNL’s name trademark logo etc.
19.6 On termination of this Agreement howsoever occasioned, the Firm shall deliver to BSNL all
the merchandise SIM card Data Cards etc., all papers including the unused registration
forms, partially used and unused books, marketing / publicity and display material given free
of cost and documents etc. which may have come to his possession or custody before the
termination.
19.7 On the termination of the agreement for any cause whatsoever, all rights and privileges
granted to the Firm shall immediately terminate. The Firm and all persons claiming under it
shall immediately cease and desist from the use of the trade name BSNL and any other sign,
slogan, symbol or other distinguishing characteristic owned by or associated with BSNL’s
services. The Firm shall immediately cease carrying on any business permitted under the
agreement.
19.8 BSNL shall be entitled to injunctive and equitable relief for any violation of the terms and
conditions, the Firm shall pay all costs and expenses including reasonable advocate fee
borne by BSNL for enforcing any provision of the agreement including the provisions of
Clause 18. The provisions of this clause shall survive the termination of this agreement.

20.0(i) Liquidated Damages along with applicable GST (if any): If the Firm fail to deliver the
services as per agreement schedules, parts, Annexure, EOI and CM-S&D Policy-2018
or adhere to the targets as prescribed and agreed herein, or breach of any of terms and
conditions of this agreement or surrender of agreement/contract i.e.O&M of _________
CSC at its own will, without prejudice to other remedies available to BSNL, BSNL shall
be entitled to recover, as pre estimated agreed liquidated damages for breach of
contract, a sum equivalent to PBG or as decided by Telecom Circle / District for failure to
provide services or breach of terms and conditions of the agreement as well as the
agreement among BSNL.
(ii) Legal action: BSNL may initiate legal action against the Firm in case of Para20(i)
above.
(iii) BSNL may debar the Firm for future dealings with BSNL for any contract /
Firmship/dealership etc.

21.0 Insurance: The liability to insure stocks in the _____________ CSC and in the possession of the
Firm will be of the Firm and the liability for any loss or damage due to any fire, burglary, theft, etc. will be
that of the Firm.

Page 35 of 47
22.0 Indemnification

22.1 The Firm hereby agrees to well and sufficiently protect and keep harmless and indemnify
BSNL, against all type of embezzlement, misappropriation or misapplication of money. Or
fraud if any committed by the persons employed by the Firm and prospective subscriber(s).
22.2 The Firm agrees to fully indemnify and keep indemnified BSNL against all losses or any
claims for damages or any other claims of whatsoever nature, which are brought against
BSNL by any third party owing to deeds or misdeeds attributable to the Firm, or any claim of
breach of any statuary regulation, orders from any govt. bodies requires or breach of any
clause or term and conditions of this agreement BSNL shall be vested with the sole
discretion to determine such damages/ claims and have the right to adjust the same from
any dues payable to the Firm.
22.3 BSNL shall not be liable to the Firm or any other party consequent upon termination of the
Agreement or termination of Agreement for any reason whatsoever for any claim for loss or
profits or for any anticipated booking for BSNL or on account of any expenditure,
investments, leases or any other commitments made by the Firm in connection with the
Agreement made in reliance upon or by virtue of the Firm appointment under the Agreement.
22.4 BSNL’s acceptance of any booking from the Firm after the termination / expiry of this
Agreement shall not be construed as a renewal or extension of the Agreement nor as a
waiver of termination.

23.0 M/s._________ as independent entity.

23.1 M/s._________, its employees, agents and representatives shall provide Services as
an independent “entity” on an exclusive basis and nothing contained herein shall be deemed
to create any partnership, joint venture, employment or relationship of principal and agent
between the parties hereto, or between BSNL and the Firm’s representatives and employees
or to provide Services with any right, power or authority, or to provide the Firm with any right,
power or authority, whether express or implied to create any such duty or obligation.

23.2 The Firm’s personnel, employees, agents or representatives have no authority and/or right to
bind BSNL in any manner. It is clarified that the personnel employed by the Firm shall be the
sole employees of the Firm and BSNL shall have no financial or statutory responsibility
towards them.

23.3 The Firm represents and warrants that no officer, director, employee of BSNL or immediate
family member thereof (“collectively, BSNL, personnel”) has received or will receive anything
of value of any kind from the Firm or its officers, directors, employees or agents in
connection with this Agreement and that no BSNL personnel have a business relationship of
any kind with the Firm or its officers.

24.0 Miscellaneous
24.1 In the event of the death or retirement of any director or change of shareholders of the Firm the
appointment of a replacement or the transfer to another shareholder shall be subject to the prior
approval of BSNL which shall not be unreasonably withheld and such replacement or transferee
shall enter into each agreement to abide by the terms and conditions of this agreement as may
be required by BSNL. However the decision of BSNL shall be final in this regard.
24.2 The Firm will not be allowed to make any alteration/ correction in the text matter of registration
forms or any printed materials supplied by BSNL.
24.3 The terms and conditions may be amended as and when any changes, addition or deletion is
required with the consent of both the parties except what is stated herein above.
24.4 In case of loss of the certificate(s) or any documents issued by BSNL, the Firm shall immediately
report the same to BSNL with the copy of F.I.R.
24.5 BSNL will issue a certificate to the effect that M/s _________ is the authorized firm
for providing Services in ________ CSC. This certificate shall have to be displayed by
M/s._________ . The photo I-card would be issued to the executive director/proprietor or other
authorized person/executive(s)/persons employed by the Firm.
24.6 BSNL may call, as and when felt necessary, the Firm/ the Firm’s employed persons for educating
him in respect of latest schemes, services, rules, orders or regulations.
24.7 BSNL shall have the right to refuse, subscribe or accept application for subscription forwarded by
the Firm and the Firm shall not be entitled to any compensation in respect of such refused application or
part thereof.

Page 36 of 47
24.8 In the event, BSNL desires any other / further information including a recent photograph of the
prospective subscriber, the Firm shall procure such information /photographs also and duly
provide to BSNL. The verification of subscriber’s identity as per the govt. procedure shall be the
responsibility of Firm.
24.9 The Firm shall make all endeavours to ensure that no fraud of any kind, contractual, criminal or
otherwise is committed by any prospective subscribers of all its channel partners in the matter of
taking/providing BSNL connection and matters connected therewith. The Firm shall be
responsible for the costs and consequences thereof inter-alia outstanding dues, litigation, losses,
damages or loss suffered/ to be suffered by BSNL etc.
24.10 The Firm shall carry out its obligation hereunder at its own cost and expenses including but not
limited to usage of his own space and personnel and no reimbursement whatsoever shall be
made by BSNL on any account whatsoever.
24.11 Without prejudice to its right of any other remedy, BSNL shall encash the PBG in case of any
breach of any terms and condition of the agreement or provide services as per agreed schedule
and parameters, targets etc. on the part of Firm.
24.12 The Firm is not authorized to assign or otherwise transfer the benefits of this agreement or part
thereof to a third party.
24.13 The Firm shall provide his permanent address and bank account number/PAN at the time of
signing the agreement.
24.14 The Firm will be given a code number as his identification. A ‘SEAL’ indicating the code number
along with the name of the Firm& address of the CSC shall be imprinted by the Firm on the
subscriber agreement forms and prepaid application forms before forwarding them to BSNL.
24.15 The Firm shall be fully responsible for the employment or payment of wages to its employees and
shall fully comply with all laws, rules, regulations, notifications, directions orders etc. of the Govt.
whether Central, State, Local or Municipal relating to such employment, payment of wages etc.
and all others matter connected therewith and hereby indemnifies and agrees to continue
indemnifying BSNL in this regard.
24.16 The Firm shall perform their duty in strict compliance with all applicable laws in India along with
rules and regulation of duly constituted govt. authorities in India and shall obtain all licenses,
restrictions or other approval, if any required by laws in India.

24.17 In connection with the services to be rendered hereby the Firm undertakes, affirms and agrees
that the Firm has fully authorized to enter into this agreement and subject to obtaining the
necessary approval under applicable law, if any, required to perform this obligation here under
according to the terms hereto.

25.0 General Terms & Conditions

25.1 The Firm may be given right to view the relevant portion of Sancharsoft, Kenan FX, Minsat
etc.which they are supposed to view periodically and take necessary actions.
25.2 BSNL reserves the right to change the terms of trade from time to time with notice period of 30
days.
25.3 BSNL reserves the right to withhold or delay the consideration/commission for the Firm in case of
any pending disputes in matters relating to activations or cancellations.
25.4 In case of dispute arising between the Firm and BSNL, the same shall be adjudicated by the
concerned BA Head or any official appointed by the Circle Head.
25.5 The BSNL’s decision will be final on all matters relating to the business and will be binding on the
Firm.
25.6 It will be the BSNL’s endeavor to make the payment to the Firm as per the schedule, however this
may stretch beyond the scheduled time only in case of delays in getting claims from the Firm or in
case of incorrect claims.
25.7 The payment to the Firm will be made through a cheque / ECS after deducting applicable taxes.
25.8 The Firm will correspond/coordinate with BA Head through the nodal officer appointed by him.
25.9 All taxes present & future, that may be levied by the govt./ local authorities etc. will be applicable
to the Firm a/c.
25.10 The Firm shall comply with all applicable laws, bye Laws rules, regulations, orders, directions
notifications etc of the Govt./ Court/Tribunals and shall also comply with all directions issued by
BSNL and provide BSNL with all information and cooperation that BSNL may reasonably require
from time to time.
25.11 The Firm has to fully cooperate with BSNL to investigate any complaint from the public, retailers or
BSNL’s sales teams.
25.12 The Firm shall be liable for all payments of wages, Salary etc to its employees & shall comply with
all statutory laws, rules, relating to employment, wages, PF, ID, act etc.

Page 37 of 47
25.13 The Firm shall fully indemnify, depend & hold BSNL harmless from and against all claims, Liability,
Losses or damages recoveries, proceedings, actions, Judgments costs, charges & expenses
which may be made or brought or commences against BSNL or which BSNL may or may have to
bear, pay or suffer directly or indirectly in connection with any breach the Firm‘s agreement by the
Firm or its agents, employees, offices.
25.14 In case any GST and/ or cess liability, interest, penalties or any other tax/ duty/ amount/ charge/
liability / professional costs related to litigation becomes payable by BSNL or ITC is denied to
BSNL due to failure of the Firm to comply with the relevant laws/ regulations applicable in India or
overseas, the Firm undertakes to indemnify BSNL for an amount equal to amount payable by
BSNL and the same shall be recovered by BSNL
25.15 GST (if applicable) on account of liquidated damages due to delay in supply would be borne by the
Firm.
25.16 BSNL Shall not be liable for any act of commission or omission of any third party.
25.17 During the currency of agreement, the Firm will not be permitted to provide services to any other
telecom service provider.
25.18 The Firm shall display prominently the information prescribed by BSNL from time to time &
will display a signboard, of size decided by BSNL, indicating the name & logo/Brand name of
BSNL as may be prescribed by BSNL.
25.19 The Firm shall pay all dues & outstanding to BSNL during the currency of assessment or on
termination of the agreement as the case may, even if any dispute is pending between the
Firm& BSNL, the same shall be adjustable by the BA Head or official appointed by Circle
Head.
25.20 The Firm will have to abide by the policy rules, regulations & instructions of BSNL as
revised/modified from time to time, without any prior notice to the Firm in respect of all
matters including security deposit / PBG, incentive payable to the Firm etc.
25.21 In case of any deviation, default or negligence on the part of the Firm due to which it is liable
to pay penalty to BSNL, the same shall be recovered by BSNL from the Firm along with
applicable GST (as may be applicable)
25.22 The Firm must enter list of material received, sold and available with him on a daily basis
through BSNL specified IT system.
25.23 BSNL shall deduct tax at source, if required, under GST Act and GST regulations, any law or
any regulation.
25.24 Those who were terminated may be barred to participate in EOI for that CSC only for next
two years.
25.25 In case of successful completion of period of contract/agreement period, PBG shall
be returned after ensuring that penalty/damage/dues/claims if any are cleared.
25.26 PBG shall be forfeited, in case the Firm does not start business within stipulated time frame
as mentioned under agreement.
25.27 PBG shall be refunded in the cases where the Firm surrenders the CSC with mutual consent
of BSNL and after prior notice to BSNL for surrendering after ensuring that
penalty/damage/dues/claims if any are cleared.
25.28 PBG shall be forfeited if agreement/contract is terminated on performance based evaluation
mentioned under agreement.
26.0 General Provisions

26.1 Governing Language and Law: The language to be used in connection with the Agreement
shall in all cases be the English Language. This Agreement shall be governed by and
construed in accordance with the laws of India.
26.2 No authority to Commit: The Firm its agents and employees will not be the legal
representatives, employees or agents of BSNL for any purpose and have no right or
authority to incur any expenses on behalf of BSNL or to create, in writing or otherwise,
obligations of any kind, express or implied, in the name of or on behalf of BSNL excluding
the rights and duties under this Agreement. The Firm shall make no representations
inconsistent with the foregoing, but so long as this Agreement remains in force, the Firm
shall be entitled to describe itself as the “Authorized Firm for O&M of __________CSC” of
BSNL for the services in the CSC.
26.3 Assignment: Neither party may assign its rights and remedies nor transfer its obligations
under this Agreement without prior written consent of the other party, except that BSNL may
so assign to any of its affiliated or subsidiary companies without such consent. In any event,
any assignment or transfer shall not operate to relieve the assigning party of any of its
obligations hereunder, nor will any such assignment impose any obligation on the assignee
except in the case of an express written assumption by the assignee.

Page 38 of 47
26.4 Notices: Any notice or communication pursuant to this Agreement shall be deemed duly
given or made when they shall have been delivered by hand, first class registered mail or, to
the party at the address set forth at the beginning of this Agreement, or to such other
address as shall have been given in writing to the other party.
26.5 Failure to enforce: The failure of either party to enforce at any time the provisions hereof
shall not be construed to be a waiver of such provisions nor a waiver of the right of such
party thereafter to enforce each and every such provision.

26.6 Remedies for enforcement

(a) Nothing shall be construed to restrict the right of BSNL to institute appropriate
proceedings at law and equity to obtain injunction or other relief on account of any default
hereunder whether or not BSNL has exercised its right to terminate the agreement.
(b) The remedies granted to BSNL will be cumulative and are not intended to be
exclusive if any, other remedies to which it may be lawfully entitled in case of any breach or
threatened breach of the terms and provisions. Failure of BSNL to insist on strict
performance of any of terms and provisions of the agreement or to exercise any right or
remedy shall not be construed as a waiver of any such rights.
26.7 Joint and Several: All agreements on the part of either of the parties which comprise more
than one person or entity shall be joint and several and singular gender throughout this
agreement shall include all genders and the plural and the successors in title to the parties.
26.8 Severability: If any terms or provisions of the agreement are or shall be illegal, invalid or
unenforceable in any jurisdiction, all other terms and provisions of the deed shall remain
legal, valid and enforceable in such jurisdiction and the parties shall endeavour to substitute
forthwith such other legal, valid and enforceable provisions as will most closely correspond to
the legal and economic intent of such illegal, invalid or unenforceable term or provision.
26.9 Publicity: This Agreement shall be treated by the Firm as each treats its own confidential
information. Additionally, no press release or other publicity of any nature regarding this
Agreement shall be made without the other party’s prior written approval, which approval
shall not be unreasonably withheld. The Firm should take all necessary steps to safeguard
the privacy and confidentialities of any information about BSNL and its subscribers from
whom it has acquired such information by virtue of the service provided and shall not divulge
or uses any such information except as may be necessary in case of providing services
under this agreement. The Firm shall, prior to commencement of service, confirm in writing to
BSNL that Firm has taken all necessary steps to ensure that it and its employees shall
observe confidentiality of customer information. However, approval of such disclosure shall
be deemed to be given to the extent that such disclosure is required to comply with
government rules, regulations or other governmental requirements. The publishing party
shall give the other party a reasonable opportunity to review the text of such disclosure prior
to the disclosure.

26.10 All conditions as per Notice inviting EOI shall be applicable in the agreement also.
27.0 Title: Titles to the paragraphs / clauses are given for convenience only and do not have any
legal complications.

28.0 Force Majeure: Without in any way limiting the general limitations of liability contained in this
entire agreement neither party shall be responsible for failure or delay in performance of
services hereunder due to any occurrence commonly known as force majeure including
without limitation acts of God, any government body (de jure or de facto ) or public enemy,
acts of war, riots, earthquake, embargoes, strikes or other concerted acts of workmen
(whether of the parties or others ) casualties, or accidents, and shortage of power, labour or
materials, or any other causes, circumstances, or contingencies, whether of a similar or
dissimilar nature to the foregoing, beyond the parties’ control and which cannot be
reasonably forecast or prevented thereby hindering the performance by the parties of any of
its obligations hereunder.

The parties shall forthwith give each other notice in the event of any one or more of the
foregoing occurrences. Upon such notice the parties may cancel or delay performance
hereunder for so long as such performance is prevented or delayed by such occurrence and
in such an event neither party shall have any liability to the other.

Page 39 of 47
29.0. Dispute Resolution/ Arbitration:

Except as otherwise provided elsewhere in the contract, in the event of any disputes,
controversy , or differences arising out of or relating to this agreement, or the breach,
termination or invalidity thereof between the parties, such party or parties shall make a
request to the other party or parties to amicably settle such differences or disputes and
parties shall thereupon make every effort to settle the same amicably within a period of 60
(sixty) days from the date of making of such request.

Where parties are unable to settle the disputes through conciliation, the same shall be
referred to CGM, Kerala Telecom Circle of BSNL for referral of such disputes to a sole
arbitrator ( Chosen from the name(s) provided by BSNL), to be mutually decided by the
parties, as per the provisions of the Arbitration and conciliation Act, 1996, any amendment
thereof , and any notification issued or rules made there under from time to time.

The venue of the arbitration proceeding shall be ....................the BA Headquarters.

30.0 Set Off: Any sum of money due and payable to the Firm under this agreement or otherwise
shall be appropriated by BSNL and the same shall be set off against any claim of BSNL for
payment of sum of money arising out of this agreement or other agreement(s) made by Firm
with BSNL.

The agreement including the Annexure / CM-S&D Policy-2018, and EoI no. ____
dated ______ constitute the entire Agreement of the parties with respect to the matters herein
contained and all its terms and conditions are binding between the parties and supersedes all
prior agreements and understandings between the parties whether written or oral. The
Agreement shall be signed by the authorized representatives of both parties. In witness whereof,
the parties have causes this agreement to be executed and delivered by the duly authorized
officers:

For and on behalf of the Firm For and on behalf of BSNL

Signature ____________________ Signature _____________________

Name________________________ Name ________________________

(In capital letters) (In capital letters)

Executive Director / Prop._________

Designation____________________

Name & Address________________Name & Address ___________

_______________________________________________________

Dated at _________on _________________________

Page 40 of 47
 Annexure-X

E-tendering Instructions to Bidders

Note :-Please refer to Bidders Manual, Guidelines to bidders & FAQ available at
https://etender.bsnl.co.in/irj/portal.
General
These Special Instructions (for e-Tendering) supplement ‘Section A’, as mentioned in the EOI
documents.
BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy
of the tender would not be sold. Submission of Bids only through online process is mandatory for
this Tender.
For conducting electronic tendering, BSNL, Kerala Telecom Circle is using the portal
(https://etender.bsnl.co.in/irj/portal) of BSNL a Government of India Undertaking.

Tender Bidding Methodology:

Sealed Bid System –‘Single Stage – Using Two Envelopes’,

Financial & Techno-commercial bids shall be submitted by the bidder at the same time.
Broad outline of activities from Bidders prospective:
(p) Procure a Digital Signing Certificate (DSC) (Class-3)
(q) Register on Electronic Tendering System® (BSNL ERP TENDER PORTAL)
(r) Create Users and assign roles on BSNL ERP TENDER PORTAL
(s) View Notice Inviting Tender (NIT) on BSNL ERP TENDER PORTAL
(t) Download Official Copy of Tender Documents from BSNL ERP TENDER PORTAL
(u) Clarification to Tender Documents on BSNL ERP TENDER PORTAL
Query to BSNL (Optional)
View response to queries posted by BSNL, as addenda.
(v) Bid-Submission on BSNL ERP TENDER PORTAL
(w) Attend Public Online Tender Opening Event (TOE) on BSNL ERP TENDER PORTAL
Opening of Techno-commercial Part
(x) View Post-TOE Clarification posted by BSNL on BSNL ERP TENDER PORTAL (Optional)
Respond to BSNL’s Post-TOE queries
(y) Attend Public Online Tender Opening Event (TOE) on BSNL ERP TENDER PORTAL
Opening of Financial-Part (Only for Technical Responsive Bidders)
(z) Participate in e-Reverse Auction on BSNL ERP TENDER PORTAL

For participating in this tender online, the following instructions need to be read carefully. These
instructions are supplemented with more detailed guidelines on the relevant screens of the BSNL
ERP TENDER PORTAL.
Note 1: It is advised that all the documents to be submitted (See clause 4 of section II part B) are kept
scanned or converted to PDF format in a separate folder on your computer before starting online
submission. BOQ Part A (Excel Format) may be downloaded and rates may be filled
appropriately. This file may also be saved in a secret folder on your computer.
The BOQ template must not be modified /replaced by the bidder and the same should be
uploaded after filling the relevant columns, else the bidder is liable to be rejected for that tender.
Bidders are allowed to enter the Bidder Name and Values only
Note 2: While uploading the documents, it should be ensured that the file name should be the name of the
document itself
Page 41 of 47
 Digital Certificates
For integrity of data and its authenticity/ non-repudiation of electronic records, and be compliant
with IT Act 2000, it is necessary for each user to have a Digital Certificate (DC). also referred to
as Digital Signature Certificate (DSC), of Class 3 or above, issued by a Certifying Authority
(CA) licensed by Controller of Certifying Authorities (CCA) [refer http://www.cca.gov.in].
Registration
Tender document can be downloaded from the website: https://etender.bsnl.co.in/irj/portal and
to be submitted in the e-format as well as hard copy by post/courier/by hand. Cost of Tender
Document (in the form of DD) and Bid Security (in the form of Bank Guarantee in original),
Power of Attorney in original along with the hard copies of all documents which are uploaded in
the e –tender portal to be submitted to ……………….,……………BA, before the scheduled
date and time of submission of the tender otherwise the Bid will not be considered.
Amendments, if any, to the tender document will be notified in the above website as and when such
amendments are notified. It is the responsibility of the bidders who have downloaded the tender
document from the website to keep themselves abreast of such amendments before submitting
the tender document.
Intending bidders are requested to register themselves with BSNL Tender Portal through
https://etender.bsnl.co.in/irj/portal for obtaining user-id, Digital Signature etc., by paying
Vendor registration fee. Tender processing fee payment should be done during requisition of
tender on line.
BSNL has decided to use process of e-tendering for inviting this tender and thus the physical copy of the
tender would not be sold.
Note: After successful submission of Registration details and Vendor registration fee and processing fee
(as applicable). Please contact BSNL ERP TENDER HELP DESK (as given below), to get your
registration accepted/activated.
For User ID/Registration
Please write Email to
related assistance to [email protected]
bidders/vendors. Landline:0120-2755008,0120-2755002,0120-2755042
1. Neelesh Bansal
AM, ERP-MM
Email: [email protected]
2. Amit Kumar Sharma
AM, ERP-MM
For any other assistance to Email: [email protected]
bidders/vendors viz. 3. Rajiv Verma
query/suggestions/fee AGM, ERP-MM
dback Email: [email protected]
Contact the person mentioned in the tender document or the unit by
For bid specific query whom tender is invited.

BSNL Contact-1
BSNL’s Contact Person DGM.,(NWO-CFA),O/o GMT,BSNL,Malappuram…
………………...
Telephone/ Mobile [between 9:30 hrs to 17:00 hrs on working days]
E-mail ID …[email protected]………………
Page 42 of 47
BSNL Contact-2
BSNL’s Contact Person AGM (Coomercial),O/o GMT,BSNL,Malappuram….
…0483-2739010……………………..
Telephone/ Mobile [between 9:30 hrs to 17:00 hrs on working days]
E-mail ID …[email protected]………
(vi) . Some Bidding related Information for this Tender (Sealed Bid)
The entire bid-submission can be online on ETS. Broad outline of submissions are as follows:
Broad outline of submissions are as follows:
Submission of Bid Security/ Earnest Money Deposit (EMD)
Submission of digitally signed copy of Tender Documents/ Addendum/addenda
Eligibility proof
Two Envelopes
Techno-commercial -Part
Financial-Part

During “Request “ stage of uploading ,upload the following documents only.

Offline Submissions:
The bidder is requested to submit the all the below documents offline to AGM (CML),O/o GMT,
BSNL ,Malappuram in a sealed envelope. The envelope shall bear (name of the work), the tender
number and the words ‘DO NOT OPEN BEFORE’ (due date & time).
(ii) EMD-Bid Security in Original.
(iii) DD/ Bankers cheque against payment of tender fee.
(iv) Power of attorney in accordance with clauses
(v) Integrity Pact.( If applicable)
Special Note on Security of Bids
Security related functionality has been rigorously implemented in BSNL ERP TENDER PORTAL in a
multi-dimensional manner. Starting with 'Acceptance of Registration by the Service Provider', provision
for security has been made at various stages in Electronic Tender's software. Specifically for Bid
Submission, some security related aspects are outlined below:
As part of the Electronic EncrypterTM functionality, the contents of both the ‘Electronic Forms’
and the ‘Main-Bid’ are securely encrypted using a Pass-phrase created by the server itself. The Pass-
phrase is more difficult to break. This method of bid-encryption does not have the security and data-
integrity related vulnerabilities which are inherent in e-tendering systems which use Public- Key of the
specified officer of a Buyer organization for bid-encryption. Bid-encryption in BSNL ERP TENDER
PORTAL is such that the Bids cannot be decrypted before the Public Online Tender Opening Event
(TOE), even if there is connivance between the concerned tender-opening officers of the Buyer
organization and the personnel of e-tendering service provider.

Public Online Tender Opening Event (TOE)

BSNL ERP TENDER PORTAL offers a unique facility for ‘Public Online Tender Opening Event
(TOE)’. Tender Opening Officers as well as authorized representatives of bidders can attend the Public
Online Tender Opening Event (TOE) from the comfort of their offices. For this purpose, representatives
of bidders (i.e. Supplier organization) dully authorized are requested to carry a Laptop and Wireless
Connectivity to Internet. Every legal requirement for a transparent and secure ‘Public Online Tender
Opening Event (TOE)’ has been implemented on BSNL ERP TENDER PORTAL.
As soon as a Bid is decrypted with the corresponding ‘Pass-Phrase’ as submitted online by the bidder
himself (during the TOE itself), salient points of the Bids are simultaneously made available for
downloading by all participating bidders. The work of taking notes during a manual ‘Tender Opening
Event’ is therefore replaced with this superior and convenient form of ‘Public Online Tender Opening
Event (TOE)’.

Page 43 of 47
BSNL ERP TENDER PORTAL has a unique facility of ‘Online Comparison Chart’ which is
dynamically updated as each online bid is opened. The format of the chart is based on inputs provided by
the Buyer for each Tender. The information in the Comparison Chart is based on the data submitted by
the Bidders in electronic forms. A detailed Technical and/ or Financial Comparison Chart enhances
Transparency. Detailed instructions are given on relevant screens.

BSNL ERP TENDER PORTAL has a unique facility of a detailed report titled ‘Minutes of Online
Tender Opening Event (TOE)’ covering all important activities of ‘Online Tender Opening Event
(TOE)’. This is available to all participating bidders for ‘Viewing/ Downloading’.
There are many more facilities and features on BSNL ERP TENDER PORTAL. For a particular tender,
the screens viewed by a Supplier will depend upon the options selected by the concerned Buyer.

NOTE: In case of internet related problem at a bidder’s end, especially during ‘critical events’ such as –
a short period before bid-submission deadline, during online public tender opening event, during
e-auction, it is the bidder’s responsibility to have backup internet connections. In case there is a
problem at the e-procurement/ e-auction service-provider’s end (in the server, leased line, etc) due
to which all the bidders face a problem during critical events, and this is brought to the notice of
BSNL by the bidders in time, then BSNL will promptly re-schedule the affected event(s).

Other Instructions
For further instructions, the vendor should visit the home -page of the portal
(https://etender.bsnl.co.in/irj/portal).

Important Note: It is strongly recommended that all authorized users of Supplier organizations should
thoroughly peruse the information provided under the relevant links, and take appropriate action. This
will prevent hiccups, and minimize teething problems during the use of BSNL ERP TENDER PORTAL.
The following ‘FOUR KEY INSTRUCTIONS for BIDDERS’ must be assiduously adhered to:

1. Obtain individual Digital Signing Certificate (DSC or DC) well in advance of your first tender
submission deadline on BSNL ERP TENDER PORTAL

2. Register your organization on BSNL ERP TENDER PORTAL well in advance of your first tender
submission deadline on BSNL ERP TENDER PORTAL
3. Get your organization’s concerned executives trained on BSNL ERP TENDER PORTAL well in
advance of your first tender submission deadline on BSNL ERP TENDER PORTAL
4. Submit your bids well in advance of tender submission deadline on BSNL ERP TENDER PORTAL
(There could be last minute problems due to internet timeout, breakdown, etc While the first three
instructions mentioned above are especially relevant to first-time users of BSNL ERP TENDER
PORTAL, the fourth instruction is relevant at all times.
5. The Tender Inviting Authority (TIA) will not be held responsible for any sort of delay or the
difficulties faced during the submission of bids online by the bidders due to local issues.
6. The time that is displayed from the server clock at the top of the tender Portal, will be valid for all actions of
requesting bid submission, bid opening etc., in the e-Procurement portal. The Time followed in this portal is as per
Indian Standard Time (IST) which is GMT+5:30. The bidders should adhere to this time during bid submission.
11. Minimum Requirements at Bidders end
Computer System with good configuration (Min P IV, 1 GB RAM, Windows XP) ,Broadband
connectivity. Microsoft Internet Explorer 6.0 or above, Digital Certificate(s)
(aa) Vendors Training Program
Vendors may contact the BSNL ERP TENDER HELP DESK personnel given in clause 4 of Section 4
Part C, for any type of training/help, which they may require while uploading the bids.

Page 44 of 47
 Annexure - A
List of authorized representatives:

(a) As designated in writing by BSNL:

• Name

• Designation

• Address

• Mobile Number

• E-mail ID

(b) As designated in writing by the Firm:

• Name

• Designation

• Address

• PAN Number

• Qualification

• Mobile Number

• e-Mail id

Page 45 of 47
 Annexure – B

Responsibilities of M/s.____________

1) The Firm shall be responsible for keeping the area neat and clean and do all marketing
activities like updating of posters/banners new Tariff chart (provided by BSNL)etc.
2) The Firm may put additional canopies other product Marketing tools, in the premises for
promotion of BSNL products.
3) The Firm may be permitted to utilize existing electric equipments light, fans, air-conditioners
etc. if available; otherwise they shall bring their own.
4) The Firm shall be responsible for maintaining infrastructure, electric equipment, furniture and
computers and replace the same if required, for proper upkeep of the CSC.
5) The Firm shall ensure that the CSCs are manned MINIMUM from 8.00 AM to 8:00 PM for all
Category-I and from 9.00 AM to 6.30 PM for all Category-II & III on all days except National
holidays.
6) The Firm shall ensure proper training and dress code for staff manning the counters of CSCs.
7) The Firm shall ensure that Sale of products and services of BSNL should be restricted only
within CSCs.
8) The Firm shall not sell any non BSNL products from the CSC.
9) The Firm shall employ/man adequate persons/positions for the provision of Services, as per
the scope of work detailed in EOI in the CSCs.
10) The Firm shall operate AEKs by operators hired on contract by the Firm through a manpower
hiring agency approved/empanelled by UIDAI. Thus the Firm shall ensure On
boarding/operation of at least one Aadhar Enrolment Kit (AEK) in the CSC in case of Type III
CSC and both the AEKs in case of Type I and Type II CSCs.
11) The Firm shall submit monthly claims which will be compensated by BSNL as described in
EOI / “CM-S&D Policy-2018”.
12) The Firm is responsible for meeting all targets set by SSA/Circle for the CSC.
13) The Firm shall ensure CAF collection, documentation (physical documentation as well as
electronic documentation) and timely submission of documents to BSNL as per regulatory
guidelines and BSNL instructions and is directly responsible for the documents submitted in
support of customer identity & address. If anything found wrong with respect to DOT/TERM
guidelines then the form should be rejected/corrected and a token penalty of Rs 200/- shall
be imposed per wrong CAF on The Firm.
14) Verification of credentials of customers- Verification of POI/POA (photo, identity and
address) of customer at the POS (Point of Sale) has to be done as per the various guidelines
issued by DoT and BSNL from time to time. The Firm will be responsible for such
verifications done.
15) BSNL reserves the right for CAF entry/CAF collection/CAF submission through any third
party on outsourced model. However verification of credentials as mentioned in para (13)
above shall be the responsibility of the Firm
16) The Firm shall be responsible for Operation of IT tools and systems provided by BSNL as
specified from time to time, including its employed manpower.
17) The Firm shall be responsible for all details and information as specified by BSNL from time
to time in BSNL specified system e.g. Sancharsoft, Kenan FX, Minsat etc.
18) All forms of complaint handling on phone and walk-in-complaints (hardware related, billing,
performance related, etc.) will be handled directly by the Firm The Firm shall
redress all possible complaints on the spot. If required, help from BSNL call centres may be
taken. Remaining complaints with all relevant details can be forwarded to designated BSNL
official for further redressal /disposal.
19) The Firm shall ensure timely submission of bills and claims to the nodal officer.
20) The Firm shall issue receipts at the time of booking of any new connection Firm shall issue a
formal receipt to the customer.
21) The Firm will be responsible for intimating their state-wise GSTIN No. (s) to BSNL for billing
purposes.
22) Timely submission of bills and claims to the nodal officer
23) Issue receipts: At the time of booking of any new connection the firm shall issue a formal
receipt to the customer.
Page 46 of 47
 Annexure C

Target Setting:

a) Quarterly targets for sale of SIM, recharge, and new connection shall be assigned to the Firm
based on the average volume of last quarter with an incremental increase up to 10%.

b) Failure to meet the targets by the Firm for two successive quarter shall lead to first notice for
termination of contract.

c) On second failure by the Firm to meet the target for one more quarter, the actual termination
of contract shall be done, without further notice.

Annexure D
Consideration and Pricing

i. The Firm shall pay Rs.__________ (excl. applicable Taxes) monthly to BSNL.
ii. The Firm will present monthly claims with supporting documents. BSNL’s designated nodal
officer to verify and sign the claim and forward it to the Accounts Department.
iii. Payment will be from BA Head Quarter preferably through ECS / Direct credit to account or
cheque. BA will give a detailed report regarding payment of all claims to Firm on monthly
basis to Circle office.
iv. For claim of commission on post paid new services, proforma invoice shall be generated by
the BSNL IT system based on the business conducted, and successful payment of same by
BSNL customer. For new customer or add on/ upgrade of service, the sales commission
shall be paid as per S&D policy 2018.
v. The firm shall do all the Bill collection for post paid services/Landline/Broadband/FTTH/Wings
through the CBP wallet and for pre-paid services it shall be through the CTOPUP wallet.
Commission shall get paid as per BSNL S&D policy 2018, and changes, if any, made in the
policy by BSNL in future.

vi. Penalty (along with applicable GST, if any):

The Firm/the Firm’s employees is/are found selling through Multi SIM device:
(i) A penalty @ 5% of total incentives provided to the Firm subsequently on meeting the targets
etc. in the last three month will be imposed on the Firm along with a warning letter, for the
first time.
(ii) The action will be taken after investigation by BSNL. In case the Firm/the Firm’s employees
is/are found involved in using Multi SIM Mobile Automatic Recharge System repeatedly, his
agreement/contract for O&M of CSC may be terminated.

Page 47 of 47