Bsnl Power of Attorney by yoo19224

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									                                       Bharat Sanchar Nigam Limited
                                        (A Govt. of India Enterprise)
                                                 (Sales Cell)
                                     Request for Expression of Interest

1. Introduction
    1.1. BHARAT SANCHAR NIGAM LIMITED (BSNL), a Public Sector Enterprise, 100% owned by
          Government of India, with the dominant market share in the Wire line Telephony, Wireless
          Telephony, Broadband & Internet services besides other data services like MPLS- VPN, Leased
          circuits etc. BSNL is the largest Internet Service Provider (ISP) of India. BSNL is the first Telco in
          India to start Virtual Calling Card Service through Intelligent Network (IN) that is branded as ITC
          (India Telephone Card) for domestic subscribers. BSNL has state of the art Intelligent Network
          (IN) to cater to different Services like ITC, ACC (Account calling card), Toll free Number Service
          called Free phone Service, Premium Rate Service, Universal Number, Universal Personal
          Number, Tele-voting etc. For more details about BSNL, please log on to www.bsnl.in.
2. Purpose of the EOI
    2.1. BSNL intends to invite Expression of Interest (EoI) from interested large established retail chains
          directly or through consortium meeting the eligibility criteria to sell BSNL’s products and services
          from their retail outlets. After evaluation of EoIs, agreements will be entered with the successful
          Retail chain or with lead partner of consortium for a period of two years, which can be extended
          further as per performance and on mutually agreeable terms and conditions.
3. General requirement
    3.1. BSNL intends to sell its products and services through large retail chains having outlets in India.
         As per the current operational procedures, most of the products and services are provisioned at
         SSA level and also the inventory is kept at SSA level, the receipt of bill, submission of ‘Customer
         Application Forms’ (CAFs), day to day interaction with officials of BSNL for clarification, addition
         of services, deletion of services, lodging of complaints etc. has also to be done at SSA level only.
         The retail chains have to deal with BSNL in SSA where the outlet is located.
   3.2. In case if retail chains are not interested in interacting with BSNL at so many levels in every SSA
         and want to deal with a single point/ vendor for delivering of inventory, payment of bills etc. they
         may form a consortium comprising of two members (one lead partner and other member). One member
        of the consortium shall be retail chain, and the other member of the consortium should also be an Indian
        Registered Company/ firm who shall be designated as ‘Lead partner ’. The lead partner of the
         consortium shall manage above works (Clause 3.1) for the retail chains and increase the business
         of BSNL.
    3.3. Any particular retail chain shall either participate directly or through consortium. It shall not be
         eligible to participate in both the manners.
         3.3.1. The both consortium partners shall submit a letter of authorization from their company
                 indicating the details of authorized signatory for the company.
                  (1) In case of participation in EoI by the Consortium in that case the lead partner shall
                       be authorized by way of Power of Attorney by both consortium partner separately
                       to enter/submit the EoI as the case may be and receive instructions for or on behalf
                     of consortium for execution of contract and shall be solely be responsible for
                     successful implementation / execution of contract awarded by BSNL.
                (2) The Lead Partner shall only be recognized by BSNL for the purposes of successful
                     contract execution/ participation in EoI.
                (3) Both consortium partners shall furnish an undertaking that they shall be abide by
                     the acts, deeds and decision of the lead partner with regard to execution of the
                     contract.
                (4) The Lead Partner of the consortium shall be overall responsible for the all contract
                     obligations, inter-alia:
                     a. Coordinate the day to day activities of the consortium.
                     b. Lead any negotiations with BSNL, with or without assistance of consortium
                         partner.
                     c. Sign all documents on behalf of the consortium to be submitted to BSNL.
                     d. Ensure completion in stipulated time all works assigned under the contract.
                     e. Attend and rectify all or any defects noticed and notified during the defect
                         liability period.
                     f. Perform strictly as per terms and conditions of the contract/ EoI.
                     g. Receive instructions and liaison with BSNL and implementation of all their
                         instructions.
                (5) It shall be ensured by the consortium partner that in connection with the
                     submission of the EoI and the execution of the works, no partner of the consortium
                     shall in anyway act either alone or jointly, with, by, or through any other party in a
                     manner likely to be detrimental to the EoI and/or execution of the contract.
                (6) The lead partner of the consortium shall be responsible to provide the EoI security
                     and PBG for full scope of contract to BSNL.
                (7) Both partners of the consortium shall indemnify and hold harmless the BSNL with
                     respect to any claims/ loss/ damages or injury suffered by the other party due to
                     any default/ breach in performance of its contractual obligations under this EoI or
                     under the Contract with BSNL in respect of said contract.
                (8) No consortium partner shall withdraw from the Consortium until and unless the
                     express consent of BSNL is obtained, in the interest of the work, and if any partner
                     breaches the agreement, shall be responsible for all costs / liabilities that may be
                     suffered by BSNL as a result of any action taken by BSNL.
                (9) Bill for works done under the contract shall be raised by the lead partner as per
                     Conditions of Contract. The payment shall be released in the name of the Lead
                     Partner.
                (10) Notwithstanding anything contained herein each partner/ all partners to the
                     Consortium shall jointly and severally be responsible to BSNL for discharging its
                     obligations of contract and execution of the contract.
        3.3.2. A document of the formation of the consortium shall be submitted on the non judicial
               stamp paper signed by authorized signatories of each of the consortium partners in
               presence of 2 (two) witnesses of each of the companies and submitted along with the EoI
               document.
        3.3.3. The retail chain cannot become part of more than one consortium however lead partner
               can be part of more than one consortium with different retail chains.
   3.4. In case retail chain is participating directly, it shall authorize persons as representatives, who
         shall deal at SSA level.
4. Eligibility Requirements
   4.1. The Retail chain should have minimum 50 outlets and operating in India with annual turnover of
         minimum Rs. 50 crores each year for the last two years.
     4.2. In case of consortium the lead partner company/ firm should have annual turnover of minimum
           Rs. 5 crores each year for the last two years alongwith fulfillment of clause 4.1 for the retail
           chain, the other member of consortium.
5.   Financial Requirement
     5.1. Performance Bank Guarantee of minimum Rs. 1, 00,000/-(Rupees One Lakh) is to be deposited by
           each Retail chain or lead partner of consortium at the nodal circle before signing of the
           agreement
     5.2. Retail chain or lead partner shall submit the aforesaid Performance Bank Guarantee of the said
           amount or as BSNL may recommend from time to time. Without prejudice to other rights and
           remedies available to BSNL, BSNL reserves the right to forfeit/adjust the said Performance Bank
           Guarantee in full or part or any sum due from the Retail chain to BSNL at any time. Retail chain
           and lead partner shall continue to be liable for balance if any. BSNL reserves the right to increase
           the amount of Performance Bank Guarantee at any time in its own discretion with respect to
           any/some/all such Retail chains/ lead partner s.
6.   Evaluation Criteria
     6.1. The BSNL consider issue of Letter of Intent (LOI) to those bidders who had met the eligibility
           requirements as mentioned in Clause 3 & 4 and agreeable to all terms and conditions. The
           bidder shall within 10 days of issue of LOI give its acceptance and furnish Performance Bank
           Guarantee as mentioned in clause 5 and sign the contract with BSNL. The signing of contract
           shall constitute the award of the contract on bidder.
7.   Agreement period
     7.1. The agreement shall be valid for a period of two years and will be extended suo moto on same
           terms and conditions in step of one year as per mutually agreeable terms & conditions subject to
           satisfactory performance during the previous years by the retail chain/ consortium.
8.   Right
     8.1. The BSNL reserves the right to reject any application/ EoI of Retail chain/ consortium for any
           reason, without assigning any reason and liability, the information provided by the Retail chain/
           consortium gathered by BSNL shall become BSNL’ s property even if application is rejected and
           can be used by BSNL in any manner, it deem fit.
     8.2. Though the EoI is open ended but it can be modified/ withdraw at any time without any
           information or notice to anyone.
     8.3. The decision of BSNL will be final and binding.
9.   Responsibilities of Retail chain
     9.1. Selling of all BSNL Products and services, through the retail chain only for which EOI is accepted
          and agreement made. And further retailing is not allowed. Not only the targets set are to be
          achieved but also efforts are to be made to surpass it.
     9.2. The retail chain has to allot suitable space within their retail store space so that BSNL products
          can be prominently displayed. The person employed at this counter should be well trained to
          answer queries by customers. The training to the employees of retail chains will be provided by
          BSNL as per agreeable schedule and place.
     9.3. Receiving advertisement material from BSNL, getting that displayed at the outlet of retail chains.
     9.4. Verification of customer’s identity as per government/ BSNL procedures/ guidelines.
     9.5. Timely submission of bills and claims to the nodal officer.
     9.6. Storage of SIMs, instruments and other telecom products.
     9.7. MIS as per BSNL format to BSNL officials as per frequency specified.
    9.8. Listing of all retail outlets of retail chain to BSNL. Retail chain must ensure that BSNL products are
         available in retail outlets in sufficient quantity on demand. Retail chain must ensure that no
         black-marketing/ or hoarding of BSNL products or mall treatment to BSNL’s customer is done
         through the staff of retail chain/ consortium.
    9.9. Retail chain will be responsible for all the work done through the owner/ persons employed by
         the retail chain/ consortium and other persons authorized by the Retail chain to deal with BSNL.
    9.10.         Retail chains/ consortium have to lodge all complaints, if any in respect of all services
         provided by BSNL and handover these complaints to the call centre/ or the official of the BSNL
         designated for the purpose in writing.
10. Operations & Accounting procedures
    10.1. Operations
         10.1.1. All blank Customer application forms (CAFs) will be supplied by BSNL for all types of
                  services. These CAFs are to be collected by the retail chains & their employees after
                  being duly filled by customers along with requisite payment in Cheque / Draft and
                  identity proofs from the customers, and verified by authorized signatory or the person
                  authorized by retail chains as per rules. The authorized signatory shall be fully
                  responsible for verification of the identity proofs submitted by customers along with
                  CAFs. A receipt by retail chain as per approved Performa of BSNL shall be issued
                  acknowledging the form & payments, Retail chains shall be required to maintain list of
                  transactions, Waiting lists (W/L), etc. which will be converted to Exchange W/L and
                  merged on daily basis.
         10.1.2. Retail chains/ or its representatives shall deposit all such collections along with CAFs to
                  designated BSNL nodal officer or any other official authorized for the purpose on daily
                  basis or mutually agreeable schedule of time. BSNL shall issue separate payment receipts
                  for individual cases. BSNL receipts will also be distributed through retail chains. Retail
                  chains will ensure that BSNL receipt is handed over after taking back the receipt issued by
                  retail chains. At no time customer will have two receipts.
         10.1.3. Nodal officer in turn shall take necessary action & also issue acknowledgement to
                  concerned customer, and do commercial verification.
         10.1.4. Retail chains/ retail chain’s representatives shall have to ensure submission of all
                  received requests to BSNL on daily basis or as per schedule given by designated BSNL
                  unit. Retail chains/ retail chain’s representatives shall have access to nodal officer in
                  working hours but payments receipts shall be governed by BSNL accounts timings.
         10.1.5. All postpaid & prepaid SIMs, recharge vouchers, and all other material related to the
                  service requested by the customers have to be handed over to the customer as per
                  procedures by the retail chain staff.
    10.2. Accounting procedures
         10.2.1. The present commission/ discount structure is available at Annexure- ‘D’.
         10.2.2. Tariff revisions, Government Directives, Market forces etc. may lead to change in BSNL
                  commission policy and BSNL's decision in this regard will be final and binding. BSNL
                  reserves the right to change the commission/ discount structure as well as the rate of
                  commission/ discount in the interest of organization for any or all of the channels at any
                  time without any notice.
         10.2.3. Retail chains will get upfront payment for basic commission / discounts wherever
                  specified.
        10.2.4. Retail chains/ retail chain’s representatives will retain the basic commission payable to
                 them and submit the remaining amount collected to the customer service center/nodal
                 officer alongwith CAFs for postpaid products.
        10.2.5. Retail chain may be given commission for services as per Annexure ‘D’
        10.2.6. Retail chain may be given discount for products as per Annexure ‘E’
        10.2.7. For target achievement and retention bonus, if any, Retail chains to submit a claim every
                 month for target achievement and retention bonus due to them, for the duration which
                 ends in the previous month.
        10.2.8. The claim should reach the BSNL by 5th of every month.
        10.2.9. Designated BSNL officer will verify and sign the claim and forward it to the Accounts
                 Department.
        10.2.10.          Payments to the retail chains shall be ensured within 15 days of the submission
                 of the bills normally and if any clarification is required from the retail chains it should be
                 asked within this period. This shall be the responsibility of the nodal circle/SSA.
11. Office support
        All stationary items related to sales, Bills/Vouchers shall be the responsibility of Retail Chains.
        However the layout/design of the stationery shall be supplied by BSNL.
12. Inspection
        BSNL shall have free access to the Retail chain’s premises & to inspect all records, receipts,
        vouchers, sale books, demand registers etc.
13. General Terms and Conditions:
       13.1.     Commercial Terms & Conditions
        13.1.1. The products and services are to be sold through the outlets of that retail chain only for
                  which agreement has been done.
        13.1.2. The retail chain has to intimate all addition or closure or address change of their outlets
                  to the BSNL on regular basis.
        13.1.3. Whenever any new products are launched, a separate communication will follow on the
                  applicable commission. Retail Chains may be given right to view Franchisee portion of
                  intranet, which they are supposed to view periodically and take necessary actions.
        13.1.4. The company reserves the right to change the terms of trade from time to time with
                  notice period of 30 days.
        13.1.5. The company reserves the right to withhold or delay the commission for the retail chains
                  in case of any pending disputes in matters relating to activations or cancellations.
        13.1.6. In the event of any question, dispute or difference arising under this agreement or in
                  connection there-with (except as to the matters, the decision to which is specifically
                  provided under this agreement), the same shall be referred to the sole arbitrator
                  appointed mutually by BSNL and Retail chain/ lead partner. The decision to appoint an
                  arbitrator and the arbitration proceedings shall be in accordance with the Arbitration
                  and Conciliation Act, 1996.
        13.1.7. The BSNL’s decision will be final on all matters relating to the business and will be binding
                  on the retail chain.
        13.1.8. It will be the BSNL’s endeavor to make the payment to the retail chains as per the
                  schedule, however this may stretch beyond the scheduled time only in case of delays in
                  getting claims from the Retail chains or in case of incorrect claims.
        13.1.9. The payment to the Retail chains will be made through a cheque / ECS after deducting
                  applicable taxes.
13.1.10. All Retail chains/ retail chain’s representatives will report to Circle/SSA Head through
         the nodal officer appointed by him.
13.1.11. All present, future & additional taxes /Lesses/ duties etc. that may be levied by the govt.
         /Local authorities etc. will be borne by the retail chains.
13.1.12. The Retail chains/ retail chain’s representatives 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.
13.1.13. The Retail chains/ retail chain’s representatives has to fully cooperate with BSNL to
         investigate any complaint from the public.
13.1.14. Retail chain 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.
13.1.15. A. The Retail chain/ Lead partner agrees to protect, defend, indemnify and hold
              harmless BSNL and its employees, officers, directors, agents or representatives from
              and against any and all liabilities, damages, fines, penalties and costs (including
              legal costs and disbursements) arising from or relating to:
                 a)     Any breach of any statute, regulation, direction, orders or standards from
                        any governmental body, agency, telecommunications operator or regulator
                        applicable to such party; or
                 b)     Any breach of the terms and conditions in this agreement by Retail chain/
                        Lead partner, or
                 c)     Any claim of any infringement of any intellectual property right or any other
                        right of any third party or of law by the Retail chain /Lead partner ; or
                 d)     Against all matters of embezzlement, misappropriation or misapplications of
                        collection/moneys which may from time to time during the continuance of
                        the agreement come into its possession /control
          B. All the customer related issues including but not limited to claims, demands,
              complaints, suits, action, damages, losses, fines, penalties and any other costs
              related to BSNL services / products by retail chain to the customers under this
              agreement shall be taken care by BSNL and retail chain/ lead partner shall not be
              liable for the same.
                This clause shall survive even on the termination or expiry of this agreement.
13.1.16. BSNL Shall not be liable for any act of commission or omission of any third party.
13.1.17. That retail chains 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 the BSNL.
13.1.18. That Retail chain/ lead partner 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 franchisee & BSNL. The same shall be adjustable by the
         CGM of the nodal circle or official appointed by him.
13.1.19. The Retail chains/ retail chain’s representatives 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 Retail chain/ lead partner in respect of all matters including security
         deposit / PBG, commission payable to the Retail chain/ lead partner etc.
13.1.20. Retail chain/ lead partner will submit list of material received, sold and available with
         him and all his sub franchisees / retailers on 3rd day of every month. 10% of such
         reports may be personally verified by SSA Head. 50% of such reports may be personally
                  verified by DGM concerned. They will also submit detailed utilization of all publicity
                  material given by BSNL.
14. EOI submission
         The EOI may be submitted anytime at following address:
         AGM (Sales-I)
         BSNL Corporate Office
         Room No. 219
         Eastern Court, Janpath
         New Delhi-110 001
         Tel: 011–2376 6151
         Fax: 011–2376 6478
         The EOI is open ended; anyone who is eligible may participate in EOI at any time.
15. PROCEDURE FOR SUBMISSION OF EOI
    15.1. The application for Expression of Interest must be submitted in sealed envelope, super scribed
           "Expression of Interest for Retail Chains” and addressed to the contact person indicated in this
           EOI.
    15.2. The EOI should be submitted in person. Outstation applicants can send their application of EOI
           by Registered Post / Speed Post/ Courier.
    15.3. The prescribed documents as per eligibility criterion should be submitted by Retail chain/ lead
           partner.
    15.4. The Retail chain/ lead partner shall be intimated after evaluation of the bid.
    15.5. Declaration regarding the close relatives working in BSNL. If there is no close relative working in
           BSNL then the declaration should be submitted as per Annexure-C.
16. List of documents to be submitted along with EoI
    16.1. Application form (Annexure-A)
    16.2. Letter of authorization from the retail chain and lead partner to sign the EoI
    16.3. Declaration regarding no close relative working in BSNL (Annexure-C)
    16.4. Article of association/ Certificate of Incorporation of retail chain and lead partner
    16.5. List and address of retail stores
    16.6. Certificates regarding turnover from Chartered Accountant with round stamp for retail chain
           and lead partner
    16.7. Document of the formation of the consortium on the non judicial stamp paper signed by
           authorized signatories of each of the consortium partners in presence of 2 (two) witnesses of
           each of the companies
    16.8. Details of authorized signatory for the company from both consortium partners from their
          company
    16.9.       Service Tax registration
    16.10.      Copy of PAN certificate
    16.11.      Copy of
        16.11.1.         CIN No. of Retail chain and lead partner of consortium
        16.11.2.         DIN No. of Director of Retail chain and lead partner of consortium
    16.12.      Certificate of Incorporation
                                                                              Annexure – A


                                  Application Form to be submitted with EOI

Name of the Retail Chain                                    :

Address for correspondence                                  :

Name of the Lead partner                                            :
(In case of consortium)
Address for correspondence                                  :
(In case of consortium)


Number of stores operating                                  :
(Please attach list of stores along with address)


Turnover of Retail Chain (in Crores of Rupees)              :
Year-2007-08                                                :
Year-2006-07                                                :
(Please attach proofs)

Turnover of Lead partner (in Crores of Rupees)                      :
(In case of consortium)


Year-2007-08                                                :
Year-2006-07                                                :
(Please attach proofs)

Name of the authorized signatory of the retail chain
 / lead partner who shall sign the EoI and future
communication with BSNL                              :
(Please attach authorization letter)

Name of the Nodal Circle where retail chain/
Lead partner wants to sign the agreement                    :



I,…………………………………….., authorized signatory of the retail chain/lead partner
M/S…………………….., certify that I fully agree and comply with all the clauses and sub-clauses of
the EoI and annexures ‘A’ to ‘C’ available with EoI.



(Signature of the authorized signatory)
(With seal and contact numbers)
Dated…………….. at …………….
                                                                                   Annexure – B



                  FORMAT OF THE PERFORMANCE BANK GUARANTEE
                   (To be typed on Rs.100/- non-judicial stamp paper)

Re:      Bank Guarantee in respect of Agreement dated ____________ between Bharat Sanchar
Nigam Limited and M/s______________ ______________ ______________ ______ _____ ____
___ ____, having its Registered Office at ____________________________________ (hereinafter
called RETAIL CHAIN/ LEAD PARTNER ) has entered into an agreement dated _______________
(hereinafter referred to as “the said agreement”) with M/s Bharat Sanchar Nigam Limited (BSNL in
short) (A Government of India Enterprise) with Corporate office at Harish Chandra Mathur Lane
Janpath, New Delhi - 110 001 and having Telecom Circle office at _________through CGMT
_______ whereby BSNL has agreed to appoint RETAIL CHAINs for providing BSNL services on the
terms      and      conditions     exclusively    mentioned     therein     for    the     circle
___________________________).



It has been agreed between the parties that a Bank Guarantee for Rs. _____________ (Rupees
________ lakh only) shall be given by the RETAIL CHAIN/ LEAD PARTNER in favour of the BSNL for
due and faithful performance of the terms and conditions of the said agreement.

__________________________________________________________Bank having its office at
_________________________________________________ has at the request of the RETAIL
CHAIN/ LEAD PARTNER (M/s                             ), agreed to give the guarantee as
hereinafter contained:

1.      We, _____________________________ (hereinafter called ‘the Bank”) do hereby
undertake and assure to the BSNL that if in the opinion of the BSNL, the RETAIL CHAIN/ LEAD
PARTNER 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 of Rs.     /- (Rupees

      lakh only) or such lesser amount as BSNL may demand without requiring BSNL to have
recourse to any legal remedy that may be available to it, compel the Bank to pay the same.

2.      Any such demand from the BSNL shall be conclusive as regards the liability of RETAIL
CHAIN/ LEAD PARTNER 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 RETAIL
CHAIN/ LEAD PARTNER 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 RETAIL CHAIN/
LEAD PARTNER and BSNL regarding the claim.

3.       We, the Bank further agree that the guarantee shall come into force from the date
hereof and shall remain in full force and effect for the period of thirty months from the date of
commencement of the agreement or the term of this guarantee whichever is later. But if the
period of the said agreement is extended either pursuant to the provisions in the said Agreement
or by mutual agreement between the RETAIL CHAIN/ LEAD PARTNER and the BSNL, the Bank shall
automatically renew the period of the Guarantee for such period which expires 6 (six) months
after the renewed period of the said agreement failing which it shall pay to the BSNL the said sum
of Rs.          /- (Rupees         lakh only) without BSNL demanding the payment of the above
sum.

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 RETAIL CHAIN/ LEAD PARTNER 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
RETAIL CHAIN/ LEAD PARTNER or through any forbearance, act or omission on the part of BSNL or
any indulgence by BSNL to RETAIL CHAIN/ LEAD PARTNER 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.

The Bank further agrees that in case this Guarantee is required for a larger period and it is not
extended by the Bank beyond the period specified above in Clause 3, the Bank shall pay to BSNL
without BSNL having to demand the payment of the said sum of

Rs.        /- (Rs.        lakh only) on the last day on which the Bank Guarantee is due to expire.

6.       Notwithstanding anything herein contained;

The liability of the Bank under this guarantee is restricted to

 Rs.           /- (Rs.           lakh only) and it will remain in force for a period of 3 years i.e. up to
_________.

(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
_______________.

7.     The Bank guarantees under its constitutional power to give this guarantee
and____________________________________________________                                  and
_________________________ who have signed it on behalf of the Bank have authority to do so.



(Authorized Signature of the Bank Official)

Power of Attorney General:

Dated:               at
                                                                                         Annexure - C

                      Format of Certificate regarding close relatives working in BSNL
                          (To be submitted by all the Directors of the Company)



      “I ______________ s/o _________________ r/o ____________________ here by certify that
      none of my relative(s) as defined in the tender 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 __________ 2009



      Signature: ___________________
                                                                                                                                 Annexure - D
                                                 Commission Structure for Retail Chain (in Rupees)
S. No.                                           Name of Product/Service                                                                   Commission
   1                                    2GPre-paid mobile Connection GSM / CDMA                                            Note H             150/-
   2                                   2GPost Paid mobile Connection GSM/ CDMA                                             Note A              300/-
   3                             2GConversion of prepaid to postpaid GSM / CDMA                                            Note C              100/-
               Land line /Fixed Wireless (Any technology) - fixed plan charges/plan upto Rs.120/- per
   4                                                  month.
                                                                                                                           Note A              250/-
               Land line /Fixed Wireless(Any technology)- fixed plan charges/plan more than 120/- per
   5                                                  month
                                                                                                                           Note-A              300/-

  6                                        Conversion to any higher Plan                                                   Note-C              100/-
  7          Reconnection of Landline/Fixed Wireless (Any technology)/ Post paid Mobile Connections.                   See note- B&C           100/-
  8                              Broadband / EVDO card Monthly plan Charge upto Rs-250                                     Note-A              250/-
  9                      Broadband / EVDO card Monthly plan charge from Rs-251 to Rs. 2000                                 Note-A              500/-
  10                          Broadband / EVDO card Monthly plan Charge above Rs-2000/-                                    Note-A              1000/-
  11        Add on Features
   A                            CENTREX/VPN/CUG in Land line. (Minimum 5 Connections)                                   Note- C & D             25/-
   B                         CUG/VPN in Post paid mobile on plan value<=300/- per month.                                Note- C & D             50/-
   C                            CUG/VPN in Post paid mobile on plan value>300/- per month.                               Note- C &D            100/-
   D                                                          ECS                                                          Note-C               25/-
  F                                              GPRS/MMS/UMS/ Edge etc.                                                   Note-C              OMR
  12        Telephone Bills
   A        Bill Collection by Cheque                                                                                      Note-J           5/-per bill
                                                                                                                                           90% of Post
   B        Bill Distribution                                                                                              Note-J
                                                                                                                                           Office Rate
  13        IN SERVICES
  A                                                  Free Phone Services                                                   Note-C              1500/-
   B                                              Universal Access Number                                                  Note-C              1500/-
  C                                                      ACC Service                                                       Note-C              1500/-
  D                                                Premium Rate Services                                                   Note-C              1500/-
  E                                                       Tele-voting                                                      Note-C              1500/-
  14        ISDN
  A                                                        BRI ISDN                                                        Note-A              750/-
  B                                                   BRI ISDN Rent Free                                                   Note-H              150/-
   C                                                  PRA only Incoming                                                    Note-C              HMR
   D                                                     PRA- Normal                                                       Note-C              OMR
  15                                               PCO ( Any Technology)                                                    Note I             500/-
  16                                                Internet through NIC cards                                             Note C              OMR
Note-A: 50% commission will be payable upfront on submission of the application form and 50% after 6 months if connection is alive. The 50%
upfront commission paid shall also be recoverable if connection is not provided for any reason.
Note-B: If plan conversion is also involved along with reconnection, then Commission for both will be payable.
Note-C: 100% after realization, of first bill- to be paid automatically by BSNL.
Note-D: If new Connection is also involved along with this facility, then Commission for both will be payable.
Note-F: Of annual rental of selected tariff plan which is to be paid automatically after receipt of payment from customer monthly/quarterly/half yearly/
annually
Note-H.4. Commission payable on prepaid connections should be paid to the Channel partners atleast in 2(two) installments. Upfront payment of
commission may be restricted to less than or upto 50% of commission due & balance linked to submission of CAF, continuance of connection for a
specified period and/or any other parameters as decided by CGMT. Also CGM may decide the policy based on the cost of SIM/ activation voucher
etc. so that in any case no commission is paid in excess of cost of SIM, or SIM+ activation voucher as the case may be.
Note I: 50% after realization of first bill / recharge and 50% after third bill payment or 3 month recharge.
Note J: On monthly bill submission.
OMR- One Month Rental, HMR - Half Month Rental
Special Note:
1. Additional commission of Rs. 400/-and Rs 800/- per connection will be payable to Retail Chains on the addition of BSNL Super & BSNL Premium
plan under landline/WLL respectively. It is subject to Note -A
                           3G Commission/ Discount Structure to Retail Chain
                          Products                                              Commission
                     Post-Paid (Note-A)                                             350/-
                      Pre-Paid (Note-H)                                             175/-
                   Migration from 2G to 3G                                          100/-
             3 G Bundled prepaid data products*                                       8%
           3 G Un-bundled corporate data plans**                                     OMR
                3 G Un-bundled data plans***                                        300/-
 *The %age commission shall be payable on the subscription charges for bundled data cards/ modems +usage
                                       charges payable by customer
        **For unbundled corporate plans with devices and minimum commitment period as per plans.
                            ***Applicable for 3G data plans without cards/ modems
Note:
For acquiring more than 700 connections per month (postpaid+ prepaid) by retail chains Rs. 50/- extra
commission will be given on graded basis for that month.
For recharge coupons the discount rate shall be same as for 2G
Note A: 50% commission will be payable upfront on submission of the application form and 50% after 6
months if connection is alive. The 50% upfront commission paid shall also be recoverable if connection is not
provided for any reason.
Note-H: Commission payable on prepaid connections should be paid to the Channel partners atleast in 2(two)
installments. Upfront payment of commission may be restricted to less than or upto 50% of commission due &
balance linked to submission of CAF, continuance of connection for a specified period and/or any other
parameters as decided by CGMT. Also CGM may decide the policy based on the cost of SIM/ activation voucher
etc. so that in any case no commission is paid in excess of cost of SIM, or SIM+ activation voucher as the case
may be.



                                                                                                   Annexure -E

                              Table A
                                              Discount applicable for Retail Chains
                     Sl.
                     No.      Name of Product/Service                                                           Rate

                      1       Mobile Recharge Coupons GSM/CDMA                                             4 – 4.5%

                      2       Sancharnet Cards                                                             4 – 4.5%

                      3       C Top up                                                                     4 – 4.5%
                      4       India Telephone Card                                                              6%

                      5       FLPP Cards/ Recharge Coupons                                                      6%

                      6       Call Now                                                                          6%
                                                                                                                6%
                      7       CD ROM-Directory
                   The following will be the methodology for calculation of the above mentioned
                   discount for the pre-paid products:
                   (i) Base discount (i.e.4%) will be extended upfront to the retail chains
                   (ii) Targets will be fixed by circle/corporate office depending upon the
                   structure of the organized retail and the target commission i.e. 0.5%
                   (difference of4.5% and 4% discount) will be extended on graded basis to the
                   retail chains after achievement of the target as per the slab given in Table ‘B’


                              Table B
                   S.No.                                   Items                                        Discount*
                      1       Achievement upto target                                                      4.00%
                      2       Upto 50% above the target                                                    4.25%
                      3       Achievement more than 50% above the target                                   4.50%
                   * The above discount will be applicable on graded basis

                    Note: Methodology for calculation of discount on sales of BSNL prepaid products:
                             I.   Base discount @ 4% will be extended upfront to all retail chains.
                            II.   Additional discount upto 0.5% may be provided to only those retail chains, who are achieving
                                  targets as per Table ’B’

								
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