Intellectual Property Cease and Desist Notice Sample by cph20060

VIEWS: 200 PAGES: 20

Intellectual Property Cease and Desist Notice Sample document sample

More Info
									            BHARAT SANCHAR NIGAM LIMITED
         (A GOVERNMENT OF INDIA ENTERPRISE)




Appointment of Private Recovery Agents (on commission basis) for
the pursuit and collection of BSNL‟s outstanding of Basic Telephone



                        T.R.A. SECTION
           O/o GENERALMANAGER TELECOM DISTRICT,
              CTO BLDG, HIRAPUR, DHANBAD-826001




                               Signature of the issuing Authority
                                         (With Seal)




                                -1-                          Signature and Seal
                                                                  of the Bidder
                                       SECTION – I
                            NOTICE INVITING LIMITED TENDER

No : DNB/TRC/Project_Kuber/2009-10                          Dated at Dhanbad the 12.11.2009

       The offers are invited from eligible Recovery Agency for appointment of Collection Agency in
BSNL Dhanbad on experimental basis for a period of one year which can be extended on the basis of
outcome of the implementation of the scheme. Collection agencies will work for realization of BSNL
dues over three months and up to three years old outstanding dues with value of above Rs. 1000/- upto
Rs. 20000/- against closed connections of private customers of Basic telephones, WLL, Private Wire.
The dues relating to Govt. department shall not be included in this scheme.

        Interested eligible Individuals/Institutions may obtain terms and conditions and the prescribed
application/ BID Format from A.O.(TR), O/O the GMTD, CTO Bldg. Hirapur, Dhanbad -820061.
The terms and conditions and the prescribed application /BID Form can also be downloaded from our
website www.jharkhand.bsnl.co.in The Bidder(using the internet downloaded format and those
collecting bid form from A.O.(TR),O/OGMTD, CTO Bldg. Hirapur, Dhanbad-820061 in person)
are required to enclose the EMD along with the tender document.

1.     The last date/time for submission of bids:14.00 hrs. of 26th November,2009
2.     Opening of Bid: 15.00 hrs. of 26th November,2009
3.     Issue of Bid Documents: On all working days from 13.11.2009 to 25.11.2009 between 11:00
       hrs to 16:00 hrs. on all working days.
4.     Earnest Money Deposit (EMD): Rs. 10000/- (Rupees ten thousand only)
5.     Full details and tender form are also available on our website www.jharkhand.bsnl.co.in




                                                 -2-                                Signature and Seal
                                                                                         of the Bidder
                                     General terms and conditions
                                                 Section-II
1.       Eligibility
         The following individuals/institutions having significant experience in the recovery of
         outstanding amount in telecom and banking sector shall be eligible for appointment as
         Collection Agency for realization of BSNL’s outstanding dues. Existing agency should not
         apply for the same.
             a) Debt Recovery Agent/Agency of the Telecom Service providers.
             b) Debt Recovery Agent/Agency of reputed Public Sector Banks/Financial Institutions.
2.       Documents to be attached
         Self attested copies of the following documents must be submitted with the offer:-
         a) Experience certificate of working alongwith satisfactory certificate with other Telecom
             Operators/Public Sector Banks/Financial Institutions.
         b) List of staff working with qualification.
         c) Financial Strength-Solvency certificate from Banker for minimum 2 Lakhs
         d) Photocopy of PAN card.
         e) Photocopy of Pan based service tax registration certificate.
         f) Address proof of recovery agent/firm
             Documentary proof must be submitted and should be self attested.
3        EMD (Earnest Money Deposit)
         The bidder has to deposit a sum of Rs. 10,000/- (Rupees Ten thousand only) as earnest money
         with the offer in the form of DD drawn in any nationalized banks at Dhanbad in favour of
         “Accounts Officer(Cash), O/o the GMTD, BSNL, Dhanbad” payable at Dhanbad. EMD
         can also be deposited in cash with AO (Cash), BSNL Dhanbad and receipt to be attached.
         EMD is liable to be forfeited in case of successful bidder fails to sign Agreement within seven
         days of being asked to do so.
4.    SUBMISSION OF BIDS:

4.1    Bid for the tender should be submitted in two envelopes placed inside a main cover. These
      envelopes should contain the followings:

     Envelope Marked on the cover                               Contents of envelope
     First    Technical Bid               Containing bid security(EMD) , NIT duly signed and all required
                                          document /papers as per NIT.
     Second       Financial Bid           Containing rate quotation as per Performa attached in NIT.

               On all these envelopes the name and address of the firm and whether “Technical or
               Financial” bid must be clearly mentioned and should be properly sealed (with sealing
               wax/packing PVC tape) and addressed to the D.E. (Plg), O/o GMTD, Dhanbad. These
               envelopes are to be placed inside a third envelope and properly sealed (with sealing
               wax/packing PVC tape) and addressed as mentioned above.
               On all the envelops (two inner and one outer) containing tender the name of work and
               tender no (as per NIT) should be clearly written as below
                “Name of work: Appointment of Private Recovery Agents”

               “Tender no. DNB/TRC/Project_Kuber/2009-10 dated 12/11/2009”

      Note: The tenders, which are not submitted as per above mentioned procedures, will be
      summarily rejected.

         4.2       The sealed tender should be dropped in the tender box kept in the chamber of D.E.
               (Plg), O/o GMTD, Dhanbad before the closing as mentioned in NIT. The slit of the tender
               box will be sealed immediately after the specified time for receipt of tender. Any tender
               presented in person after the sealing of box will not be received by (the tendering
               authority) or by any of the subordinates or will not be allowed to be deposited in the tender

                                                     -3-                                 Signature and Seal
                                                                                              of the Bidder
            box. The tender submitted through post will be accepted it is received before opening of
            the BID.


5.      BID OPENING:
        5.1      The BSNL shall open the bids in presence of bidders or his authorized representatives
            who choose to attend, at 15:00 hours on due date. The bidder’s representatives, who are
            present, shall sign an attendance register. The bidder shall submit authority letter to this
            effect before they are allowed to participate in the bid opening.
        5.2 A maximum of two (2) representatives for any bidder shall be authorized and permitted to
            attend the bid opening.
        5.3 The Bids shall be opened in the following manner:
        5.4 The bid opening committee shall count the number of bids and assign serial numbers to the
            bids. For example, if 10 tenders have been received the bids shall be numbered as 1 of 10,
            2 of 10 etc. All the members shall initial on the outer envelopes of all the bids with date.
        5.5 The envelopes containing the tender offer and not properly sealed, as required shall not be
            opened and shall be rejected outright. Closing the cover by gum will not be treated as
            sealed cover. The reasons for not opening such tender offers shall be recorded on the face
            of the envelope and all the members of bid opening committee shall initial with date.
        5.6 First the outer envelope containing the two envelopes is opened. The bid opening
            committee shall initial on all three envelopes with date.
        5.7 Out of these two envelopes, the envelope marked “Technical Bid” shall be opened first
            and examined.
        5.8 The “Technical Bid” shall be opened and papers/documents submitted by the bidder shall
            be examined and recorded by the TOC. After opening the qualifying bid, all the documents
            contained therein shall be signed by the bid opening committee members.
        5.9 After recording of the “Technical Bid” the TOC will place all the financials bids submitted
            by the bidder in an envelope and will properly seal with wax or packaging PVC tape for
            keeping in safe custody by chairman of TOC.
        5.10      The Financial Bid shall be opened in the following manner;
              5.10.1 The envelope marked “Financial Bid”, will be opened only for qualified tenders in
                       “Technical bid”.
              5.10.2 The date and time of opening of “Financial Bid” shall be conveyed to all the bidders
                       who have qualified in qualifying bid. The bidders, if desire, may have
                       representation during opening of financial bid.
              5.10.3 After opening the “Financial Bid” the bidder’s name, bid prices, modifications, bid
                       withdrawals and such other details, as the BSNL, at its discretion, may consider
                       appropriate, will be announced at the opening.
              5.10.4 In case there is discrepancy in figures and words in the quote, the same shall be
                       announced in the bid opening, but the quote in words shall prevail.
     6.       PRELIMINARY EVALUATION:
            6.1 BSNL shall evaluate the bids to determine whether they are complete, whether any
            computational errors have been made, whether required sureties have been furnished, whether
            the documents have been properly signed and whether the bids are generally in order.
            6.2 If there is discrepancy between words and figures, the amount in words shall prevail. If the
            contractor does not accept the correction of the errors, his bid shall be rejected.
            6.3 Prior to the detailed evaluation, the BSNL will determine the substantial responsiveness of
               each bid to the bid document. For purpose of these clauses a substantially responsive bid is
               one, which conforms to all the terms and conditions of the bid documents without deviations.
               The BSNL’s determination of bid’s responsiveness is to be based on the contents of the bid
               itself without recourse of extrinsic evidence.
            6.4 The BSNL will reject a bid, determined as substantially non-responsive and shall not
               subsequent to the bid opening be made responsive by the bidder by correction of the non-
               conformity.
     7.   Security Deposit
          a. Security Deposit : The Collection agency shall pay a deposit of Rs 20,000/- (Rs. Ten thousand
          only) towards security deposit, either in cash or in the form of Bank Guarantee (Should be valid for
          minimum sixteen months)/NSC pledged to the Head of SSA, before the contract is entered into.
          b. Interest: No interest would be payable on the security deposit.
                                                    -4-                                   Signature and Seal
                                                                                               of the Bidder
8.      Geographical Area of Work
     SSA has been divided in three areas, which are given as below:-
       a) Exchanges within Dhanbad Urban                  - A-1
       b) Exchanges within Bokaro Urban                    - A- 2
       c) Exchanges within Dhanbad & Bokaro – Rural - A- 3
             Further these areas have been divided into three Age Group of outstanding as below:-
             B1- Outstanding dues falling under 3 months to 6 months old
             B2- Outstanding dues falling under 6 months to 12 months old
             B3- Outstanding dues falling under 12 months to 36 months old.
 9   Commission
     The upper cap for commission payable to Collection Agency shall be 30(thirty) percent within
     which the bidder may offer the rate of commission to be charged by him for realization of
     BSNL dues stated above.
10   Mode of Realisation
     Collection Agency shall be authorized to collect payments through an Account Payee crossed
     cheque or DD only drawn in favour of “Accounts Officer(Cash), O/o the GMTD, BSNL
     Dhanbad”. Payment shall not in any case be collected by the appointed agency in cash.
11   Payment of Commission to Recovery agents/ Agencies
     The claim for the commission due to the agent/ agency on the basis of approved rates may be
     preferred by him to the Head of the SSA on monthly basis. The payment of the commission
     due will, however, be worked out on actual collection made (after realization of the cheque /
     DD) by the SSA. The payment should be released subject to deduction of income tax at source,
     at applicable rates and through RTGS
12     Instruction to Bidders/agency
     (I) The Recovery Agent/ Agency shall be held personally responsible for any damage caused
           to the customer while pursuing the recovery of dues. BSNL shall not be party to such
           disputes.
     (II) The Security Deposit shall get forfeited and contract cancelled for any act of high
           handedness of the Agent/ Agency towards the customer which brings bad name to the
           company (BSNL) also for violation of any terms and conditions of the contract.
     (III) All appointed agencies shall perform their duties as per TRAI guidelines and the
           guidelines of BSNL.
     (IV) Any serous complaint against an Agent/ Agency that is substantiated shall result in
           immediate cancellation of the contract, including black listing of Agents/ Agency for
           future business with BSNL and forfeiture of the security deposit.
     (V) BSNL shall be free to take any action (including legal recourse) as deemed fit against the
           Agent/ Agency for its failure to follow the terms and conditions of the contract.
     (VI) The Recovery Agent / Agency shall work under the control of officer-in-charge of the
           outstanding pursuit cell in the SSA.
     Information regarding profile and rate of commission may be given in the format enclosed
     herewith for each bucket of age group of dues and area concerned.


                                                                                     AO (TR)
                                                                 Bharat Sanchar Nigam Limited
                                                                          O/o GMTD Dhanbad




                                              -5-                               Signature and Seal
                                                                                     of the Bidder
                                     SECTION – III
                                  COMMERCIAL TERMS:
1. Incentive:
i) Additional incentives as follows shall be given for achieving specific targets in respect of each portfolio
     of outstanding account:

   Recovery of outstanding made                 by Additional incentives
   the Agent/Agency
   (as % of portfolio allocated)
   Upto 20%                                           Nil
   > 20% up to 30%                                    3%
   > 30% up to 40%                                    5%
   More than 40%                                      7%

    To be eligible for additional incentive, the recovery of outstanding dues should be made in a period of
    one month (30 days), from the date of receiving the list of outstanding against the allotted portfolio.

    These rates (including commission) are exclusive of Service Tax, which will be over and above the
    above rates and shall be remitted by the Collection Agency to Service Tax Authorities after
    realization of the same from BSNL along with commission due and admissible.
    ii) Performance of Collection Agency will be considered non-satisfactory if its’
    percentage of collection is less than 30% of percentage collection by other
    Agent’s/Agency’s performing best in that age bucket. i.e., if the top performing
    Agent/Agency collects 15% of outstanding in the prescribed time duration, any
    Agent/Agency with collection below 4.5% of outstanding will be considered having
    non-satisfactory performance and shall be dealt with as per para 2.4.6 of Circular
    No. 2-11/2009-BSNL/TR dated 09-07-2009.

iii) Besides the above, all other terms and conditions relating to engaging of Collection Agency for
     recovery of outstanding dues of BSNL under the scheme, shall be as per the detailed guidelines
     prescribed vide circular No. 2-11/2009-BSNL/TR dated 09-07-2009 read with
     amendment dated 13-07-2009, which shall form part of the Agreement..




                                                -6-                                     Signature and Seal
                                                                                             of the Bidder
                                     SECTION – IV
                        Code of Conduct of Collection Agencies

The Collection Agencies and their employees will behave like ambassadors of the Company.
They are committed to supply services of the highest quality standards to ensure Customer
satisfaction. All the practices adopted for follow up and recovery of dues and repossession of
the Company assets, if any, will be in consonance with all applicable laws and regulations.
1.        General Guidelines
    (i)       The Customer shall be contacted ordinarily at the contact number & the place of
              his/her choice (Billing address, as specified to BSNL) and in the absence of any
              specified place, at the place of his/her residence and if unavailable at his/her
              residence at the place of his/ her business/occupation.
    (ii)      Identity and authority of the Collection Agency to do the follow up and recovery of
              dues on behalf of the company shall be made known to the Customer at the first
              instance.
    (iii)     Customer will normally be contacted, by way of telephone call or in person,
              between 08.00 hrs and 21.00 hrs, unless the special circumstance of the
              Customer’s business or occupation if advised by the Customer requires the
              Company to contact at a different time.
    (iv)      Customer’s requests to avoid calls at a particular time or at a particular place shall
              be honored.
    (v)       If the Customer claims to have already paid the bills, the Agent will politely request
              the Customer to provide the evidence of such payment
    (vi)      The Collection Agency will document the efforts made for the recovery of dues.
    (vii) Inappropriate days/occasions such as bereavement in the family or such other
              calamitous occasions’, will be avoided for collection.
    (viii) The Collection Agency shall not under any circumstances make use of slang or of
              any form of inappropriate language & shall be sincere, polite yet firm in all their
              interactions with the Customer.
    (ix)      The Collection Agency shall cooperate with the law enforcement agencies, as and
              when required.
2.        Standards Compliance:
          The Collection Agency’s employee/s shall conduct them selves while undertaking
          collection of the outstanding dues, as per the laws of the country and as per the Code
          of conduct for Collection Agency and agents.
3.        Fraudulent Practices:
          Collection Agency and / or its staff shall be polite towards the Customer so as to avoid
          allegations of bad behavior. Fraudulent practices adopted by Collection Agency and /
          or their staff will lead to immediate termination of the contract, banning of the Agency,
          imposition of penalty clause as per agreement, besides prosecution and police
          complaints against the concerned Agency/employee/s of the Agency.
4.        Professional Ethics:
          Collection Agency shall be responsible to ensure that the principals, managers, and
          staff of the collection Agency are aware and adhere to the provisions of the Non-
          Disclosure requirement contained in the Collection Agency Agreement.
          The employees of the Collection Agency shall have a minimum qualification of high
          School graduation. The employees will be neat and clean in his/ her appearance.




                                               -7-                               Signature and Seal
                                                                                      of the Bidder
                                           SECTION –V

      Profile of Recovery Agent/Agency
1.    Name of the tenderer/firm/Agency……………………………….
                                                                                    Passport size
2.    Name of the person submitting the tender whose                                photograph of the
      Photograph is affixed                                                         tenderer/
                                                                                    authorized
      Shri/Smt…………………………………………                                                      signatory holding
      (In case of proprietary/partnership firms, the tender has to be signed by     power of
      proprietor/partner only, as the case may be)                                  Attorney
3.    Address of the proprietor/firm/Agency
      …………………………………………………………………………………..
      ………………………………………………………………………………….

4.    Telegraphic Address…………………………………………………………….

5.    Tel No. (With STD code) (O) …………………… (Fax)……………….. (R)…………………
          Mobile: …………………………………..
6.    Registration & incorporation particulars of the firm: -
      i)       Proprietorship
      ii)      Partnership
      iii)     Private Limited
      iv)      Public Limited
      (Please attach attested copies of documents of registration/incorporation of your firm with the
      competent authority as required by business law)
7.    Name of Proprietor/Partners/Directors…………………………………………….

8     Capacity for supply of man power per day : ………………………………………….

9     (i) Whether any relative working in BSNL:- Yes/No ………………….
           If yes, list of relatives must be submitted with full details Name, Relation, Official address &
           Residential address.
      (ii) Are you associated directly or indirectly with any other contractor:- Yes/No ……
10.       Particulars of EMD:- Amount:…………………………., R No/DD No:…………………………..
      Date:……………………………Name of branch/bank………………………………………

11.   Experience of collection dues
      (i) Of Telecom Companies

Name of       the Collection Agent for the Amount handed Amount                         %age          of
Telecom           Telecom Company          over        for actually                     collections to
Company                                    collections     collected                    amount
                                                                                        handed over
                                                                                        for collections
                   Period      for No. of
                   which           months/
                   worked          Years




                                                  -8-                                  Signature and Seal
                                                                                            of the Bidder
(ii) Of Public Sector Banks/Financial Institutions:

Name of the Collection Agent for the Amount handed Amount                        %age          of
Bank/Financial Bank/Financial        over        for actually                    collections to
Institution    Institution           collections     collected                   amount
                                                                                 handed over
                                                                                 for collections
                     Period     for No. of
                     which          months/
                     worked         Years




12.      Manpower engaged for
         Telecom Bills Collections    ……………………………………………
         Back Office                  ……………………………………………
         Field                        ……………………………………………

13.      Arrangement for BSNL Work

         Staff                          ……………………………………………
         No. of Cases                   ……………………………………………
         Lead time for starting collection work……………………………………
I/We hereby declare that the information furnished above is true and correct.

Place:
Date:
SEAL:

                Signature of tenderer/Authorized signatory……………………………..

                Name of the tenderer…………………………………………………….




                                                  -9-                           Signature and Seal
                                                                                     of the Bidder
                          SECTION – VI
        AGREEMENT FOR COLLECTION SERVICES UNDER PROJECT “KUBER”

THIS AGREEMENT is signed on ______ (Day), ________(Month) and __________________________(Year)
by M/s. _____________________________________ and between BSNL, a Company registered under the
Companies Act 1956 having its registered office and Corporate office at Bharat Sanchar Bhavan, Harish Chander
Mathur Lane, Janpath, New Delhi, Circle Office at Ranchi and SSA at Dhanbad acting through the GMTD,
Dhanbad, (SSA Head) represented by CAO/IFA, O/o the GMTD, BSNL, Dhanbad having office at CTO Building,
Hirapur, Dhanbad (hereinafter referred to as BSNL which expression shall unless it be repugnant to the context
or meaning thereof, be deemed to mean and include its subsidiaries, successors and assigns) on the One Part
                                        AND
Name and address of the Recovery agent/agency represented by _____________________ having
office at___________________________
_________________________________________its authorized signatory (hereinafter referred to as
“COLLECTION AGENCY” which expression shall unless it be repugnant to the context or meaning thereof, be
deemed to mean and include successors and assigns) on the Other Part.

WHEREAS BSNL is desirous of appointing COLLECTION AGENCY to efficiently manage the collection of the
outstanding amount from its customers / subscribers against the bills

Whereas BSNL invited bid vide tender No. DNB/ TRC/ Project _ Kuber/2009-10 dated 12/11/2009 for
Appointment of Private Recovery Agnet (on commission basis ) for the pursuit and collection of BSNL’s
outstanding Basic Telephone.

NOW THIS AGREEMENT WITNESSED AND IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES HERETO AS FOLLOWS:
1. APPOINTMENT AND DURATION:
   a. BSNL hereby appoints COLLECTION AGENCY to collect outstanding dues [as per list of outstanding dues,
     which shall become part of the Agreement and shall be modified and delivered to Collection Agency from time to time in
    accordance with Clause 2 (b) of this Agreement] , from its subscribers hereinafter referred to as “Customers” who
    have not paid the outstanding dues against the bills raised by BSNL, on the below mentioned terms and
    COLLECTION AGENCY in consideration provided herein, hereby accepts this appointment and agrees to
    provide the said service under the terms and conditions as set forth herein.
    b. The parties herein agree that this agreement is valid for a period of one year, w.e.f ………………………., which
    may be extended, if service/performance of the collection agency is found to be satisfactory, on mutual consent in
    writing.
2   SCOPE OF SERVICE AND RESPONSIBILITIES:
       COLLECTION AGENCY hereby agrees and undertakes the following:

    a) To provide BSNL with al the services as are necessary for, relevant to and in connection with collection
       of outstanding amounts from its billed customers in accordance with the terms of this agreement.
    b) Upon receipt of list of customers duly signed by Sri D. K. Patra, AO (TR), O/o the GMTD, BSNL,
       Dhanbad (insert name and designation of Project Manager “Kuber”) which BSNL shall deliver to
       Collection Agency (CA) from time to time or as specified in the agreement herein, showing amount
       outstanding against them and after having verified the authenticity of the officer signing the said letter/list,
       Collection Agency shall contact the said customer(s) with a view to arrange for recovery of the said
       amount(s).
    c) While discharging its obligations hereunder, COLLECTION AGENCY will at all times, act in a manner
       which is both legal and ethical and shall not do or attempt to do anything which would be illegal or
       prejudice to the reputation of BSNL or make BSNL liable in any manner whatsoever.
    d) The authority given by BSNL to the COLLECTION AGENCY to collect the Due amount from customers
       referred to in the said list shall automatically terminate on the expiry of one month from the date the soft
                                                          - 10 -                                    Signature and Seal
                                                                                                         of the Bidder
    copy was issued, unless specifically extended in writing by an authorized Officer of BSNL. It is clarified
    that the COLLECTION AGENCY shall not use such expired lists for any reasons whatsoever and shall
    indemnify BSNL from any liabilities, costs and damages arising out of the use of the said expired list.

e) That all the collections shall be accepted through local cheques / demand drafts by COLLECTION
   AGENCY and it shall ensure that the same shall be drawn in favour of “BSNL “ only.
f) That all Cheques / Demand draft payments collected by COLLECTION AGENCY shall be handed over to
   the Accounts Officer (Cash Collection) BSNL, on the next working day of collection from the customer,
   along with a consolidated statement in the format prescribed by BSNL, failing which a fine of Rs. 100/-
   (Rupees one hundred only) per instrument for each day of delay shall be payable by the COLLECTION
   AGENCY.
g) COLLECTION AGENCY shall not at any time communicate anything in writing to the customers
   regarding payment of due amount or on any other related matter.
h) That COLLECTION AGENCY in all interactions with customers or third parties, will clearly indicate that
   COLLECTION AGENCY is acting on behalf of BSNL and further that all payments must be made
   payable/drawn in favour of BSNL only.
i) COLLECTION AGENCY shall keep separate books of accounts and detailed records in relation to this
   arrangement and shall allow the Officers and authorized representatives of BSNL, full access to these,
   whenever called for.
j) COLLECTION AGENCY shall provide a detailed MIS on the progress made for collection as required by
   BSNL
k) COLLECTION AGENCY shall not assign/transfer the job to any third party.
l) COLLECTION AGENCY shall keep all papers, materials and information whatsoever, provided by BSNL
   confidential and secure, which shall at all times remain the property of BSNL.
m) BSNL shall create a helpline for customers to contact BSNL in case of any complaint. Also sample audit
   shall be carried out to check that the collection agencies are operating as per code of conduct.
3. RECOVERIES:
a.   COLLECTION AGENCY shall keep adequate staff for proper follow up of recovery from number of
     accounts allocated.
b.   For the purposes of this Agreement, the status of the customers shall be treated as collected /
     recovered, if any amount of the Due invoices has already been paid by the Customer before allocation
     of the particular outstanding to the Collection Agency for recovery.
c.   Once authorization to collect the Due invoices have been withdrawn by BSNL pursuant to the
     provisions herein or otherwise, then any payment received from any customer by BSNL or
     COLLECTION AGENCY, shall not be subject to any payment of compensation for services to
     COLLECTION AGENCY.
d.   However in the event of any Due account making payment to COLLECTION AGENCY or any
     employees of COLLECTION AGENCY after the authorization to collect has been withdrawn,
     COLLECTION AGENCY shall immediately hand over such payments received to BSNL.
e.   In case of any default on the part of COLLECTION AGENCY in settlement of dues recovered from
     Customers, BSNL shall have the right to set off, deduct or recover such shortcomings from the
     professional fees and or charges/compensation payable/ that may become payable to COLLECTION
     AGENCY.
4. REPRESENTATIONS AND WARRANTIES BY COLLECTION AGENCY
COLLECTION AGENCY hereby represents warrants and confirms that COLLECTION AGENCY:
a.   Has the authority to enter and execute this Agreement, and during the continuance of this Agreement,
     will continue to have authority to carry out and perform all its duties and obligations as contemplated
     herein and has already taken and will continue to take all necessary and further actions (including but
     without limitations of obtaining necessary approval / consents in all applicable jurisdictions) to authorize
     the execution, delivery and performance of this Agreement.
b.   Have the necessary expertise, competent human resources and sufficient infrastructure to perform its
     obligations in accordance with the terms of this Agreement and to the satisfaction of BSNL.



                                                   - 11 -                                  Signature and Seal
                                                                                                of the Bidder
c.   On execution of this Agreement for providing professional services to BSNL, does not and will not
     violate, breach and contravene the clauses of any Agreement entered with any third parties by
     COLLECTION AGENCY.
d.   Has complied with and obtained necessary permissions / licenses / authorizations under the applicable
     laws from the Central, State and local authorities and obtained all required permissions / licenses for
     carrying out its obligation under this Agreement and shall keep the same valid by renewing from time to
     time as required under the Acts / Laws.
e.   Shall maintain all the registers and records that are necessary under the present labour and all other
     enactments of the Country as applicable.
5. COLLECTION AGENCY COVENANTS
 COLLECTION AGENCY hereby agrees, undertakes to perform as under:
 a. To carry out its obligations and functions under this Agreement strictly in accordance with all the
    guidelines including TRAI guidelines /Code of conduct as per Annexure „B‟ instructions, procedures,
    etc. (hereinafter referred to as “Guidelines”) prescribed by BSNL in connection with this Agreement from
    time to time.
 b. Any violation of the Code of conduct /guidelines, mentioned above or violation of any obligation and
    terms, conditions of this agreement by Collection agency, will result in forfeiture of the security deposit
    of the collection agency. Also the agency should be barred from any future contracts with BSNL.
 c. To immediately notify BSNL in writing of any event which may result in or which may give reason to
    believe that there may be a work stoppage, slowdown, labour dispute, strike, any labour disruption or
    other impediments or disruptions in the due performance of the obligation of COLLECTION AGENCY
    under this Agreement. COLLECTION AGENCY shall forthwith submit a report of the events resulting in
    stoppage of work to BSNL. COLLECTION AGENCY agrees that notwithstanding anything contained in
    this Agreement in the event of any of the eventualities mentioned hereinabove BSNL shall have a right
    to terminate this Agreement by giving five days notice to COLLECTION AGENCY.
 d. Shall not at any time use or attempt to use BSNL’s name or logo for any purpose including for the
    purpose of this Agreement unless specifically authorised by BSNL in writing.
 e. Ensure that its employees / personnel shall at all times conduct themselves within the parameters of
    laws of India and shall not commit, abet or permit the commission of any unethical, illegal and unlawful,
    immoral or criminal act or any act against the principal of public order, to recover the dues from the
    customers under this Agreement and in the event of any illegal and/ or unlawful act being committed or
    abetted, COLLECTION AGENCY shall be liable for all consequences thereof and BSNL shall at no
    point of time be liable either directly or indirectly. In this regard, COLLECTION AGENCY shall indemnify
    and keep BSNL indemnified in case of any claims or action from any customer including any third party
    claims that may arise in the recovery of dues from the customers under the terms of this Agreement.
 f. Shall ensure that no personnel employed by the COLLECTION AGENCY commits any act of
    misconduct or act in contravention to any of the provisions of this Agreement or instructions issued by
    BSNL from time to time or commits any fraud or is involved in any criminal or civil case. If any
    personnel employed by COLLECTION AGENCY commits any misconduct or is involved in any criminal
    case or is guilty of acting in contravention of any provisions of this Agreement or any law, then
    COLLECTION AGENCY remove such personnel from the services of the recovery of dues from the
    customer and additionally shall also indemnify and keep BSNL indemnified from the consequences of
    any such act caused by the personnel during his services of recovering the dues from the Customer, as
    a result of which BSNL has suffered or is likely to suffer any loss.
 g. That the personnel employed by the COLLECTION AGENCY shall at all times be employee of the
    COLLECTION AGENCY and shall not have any claim whatsoever on BSNL w.r.t. claim of employment
    with BSNL and otherwise and shall not raise any industrial dispute, directly or indirectly, with or against
    BSNL, in respect of any of the service condition or otherwise.
 h. It is further expressly clarified and agreed that in case of any simple or grievous or fatal injury to any
    such personnel appointed by the COLLECTION AGENCY during the course of carrying out recovery
    services under this Agreement, BSNL shall not in any way be liable or bound to pay any monetary
    compensation, and it shall be the sole responsibility of COLLECTION AGENCY for the same. In case
    any claim of compensation is received by or in the name of BSNL, COLLECTION AGENCY shall
    indemnify and keep BSNL harmless of any liability of any kind arising out of such claim on BSNL.
                                                  - 12 -                                  Signature and Seal
                                                                                               of the Bidder
 i. Shall immediately notify BSNL in writing, in case any of its employee or any other person engaged by
    COLLECTION AGENCY has committed any breach of any of the employment Agreement executed
    with COLLECTION AGENCY or breach of terms of this Agreement or has committed any act amounting
    to moral turpitude or has been arrested by the police, arising due to his act or removed from the
    employment of the COLLECTION AGENCY or committed any act which in the opinion of
    COLLECTION AGENCY is affecting the integrity of the person. BSNL shall have the right to call upon
    the COLLECTION AGENCY to replace any such personnel of COLLECTION AGENCY who in the sole
    opinion of BSNL is jeopardizing the interest of BSNL and the COLLECTION AGENCY shall forthwith
    comply with the demand of BSNL.
 j. Shall bear the expenses including complete legal expenses viz., Advocates professional fees arising out
    of any action initiated by the customer or by any third party against COLLECTION AGENCY or its
    personnel or BSNL arising out of any misconduct by the employees of COLLECTION AGENCY during
    the performance under this Agreement or thereafter till the conclusion.
 k. Shall undertake to safe guard the interests of BSNL and shall not at any point of time disclose to any
    third party any confidential information or knowledge concerning the business of BSNL and or any
    matters connected to this Agreement and take such steps at the cost of COLLECTION AGENCY, as
    BSNL may direct in order to restrain breach of the terms of any such undertaking. In this regard, the
    undertaking given by COLLECTION AGENCY shall also be binding on its employees and such other
    staff of COLLECTION AGENCY employed under this Agreement. COLLECTION AGENCY shall ensure
    that it shall have such back to back binding agreements / undertakings with all its employees who are
    involved in providing services under this Agreement.
 l. Specifically covenants that COLLECTION AGENCY and/or any of its employee or any other person
    employed by COLLECTION AGENCY for the purpose of this Agreement shall not use any illegal or
    unlawful means for performing its obligations under this Agreement. For any illegal or unlawful means
    employed by COLLECTION AGENCY and/or any of its employees or any other person COLLECTION
    AGENCY shall alone be responsible and agrees to indemnify and keep BSNL indemnified at all times
    against any suits, claims, demands, petitions, actions, proceedings, etc. filed/initiated against BSNL by
    any Customer and or by third party for any reason whatsoever and against any loss, damages, claims,
    costs, charges, expenses, etc.
 m. COLLECTION AGENCY and its personnel shall not claim any lien on the amount collected by
    COLLECTION AGENCY even if any amount is due and payable by BSNL to COLLECTION AGENCY.
 n. COLLECTION AGENCY undertakes to execute such other documents as may be required by BSNL.
 o. COLLECTION AGENCY shall at no point of time violate any Guideline provided by BSNL, during the
    performance under this Agreement.
6. CONFIDENTIALITY & SECRECY:
a.   COLLECTION AGENCY hereby agrees and undertakes that (i) this Agreement; (ii) the terms
     contained hereof; (iii) all the communications undertaken between the two Parties in relation to this
     Agreement and the discharge of the obligations under this Agreement and (iv) all information received
     or obtained or gathered by it or its employees or permitted agents or assigns or any Person under it, in
     the course of discharge of its obligations under this Agreement shall be kept confidentially and it shall
     not disclose the same to any third Party without the prior written authorization of BSNL.
b.   Provided however, COLLECTION AGENCY shall be free to disclose or impart the same to its
     responsible senior employees or staff members, but only in so far as may be necessary for the
     satisfactory and proper performance and discharge of its duties and obligations under this Agreement.
c.   However, the aforesaid confidentiality obligations on the part of COLLECTION AGENCY shall not
     apply to the following information:
          i.     Which is in public domain prior to submission by BSNL to COLLECTION AGENCY.
         ii.     Which are in COLLECTION AGENCY„s possession at the time when the same was
                 disclosed by BSNL
        iii.     Which has already been submitted to COLLECTION AGENCY by a third party without
                 obligation to keep the same confidential
        iv.      Which came to public domain after disclosure by BSNL without the involvement of
                 COLLECTION AGENCY.
7. COMPENSATION:
                                                 - 13 -                                  Signature and Seal
                                                                                              of the Bidder
a. In consideration of COLLECTION AGENCY providing the aforesaid services, BSNL shall make
   payments to COLLECTION AGENCY for such identification and evaluation of a subscriber/ applicant as
   per the commercial terms mentioned in “Annexure A” .

b. All invoices (claims) in connection with this agreement herewith, shall be raised by COLLECTION
    AGENCY on a calendar month basis. COLLECTION AGENCY shall raise invoices for the services
    rendered in the preceding month by the 15th day of the succeeding month and BSNL shall settle all
    payments due in respect thereof, within fifteen (15 )days of receipt of the claim.
c. All such payments to COLLECTION AGENCY shall be subject to “Tax Deduction at Source” (TDS) and
    such other statutory deductions as may be applicable from time to time.
d. No other payments / reimbursements shall be made to COLLECTION AGENCY unless both the parties
    mutually agree to the same in writing.
e. Wherever any collection from the Due account has been made by way of a cheque or any other
    negotiable instrument, BSNL shall not pay the compensation to COLLECTION AGENCY until the said
    cheques or negotiable instruments have been realized in full. COLLECTION AGENCY shall only raise
    invoices for compensation against collected payments that have been realized by BSNL. Thereafter,
    BSNL shall pay the compensation to COLLECTION AGENCY after deducting any deductibles in
    accordance with clause (c) above.
8. REVOCATION OF PERMISSION BY BSNL:
a. In addition to the automatic expiry of authorization to collect, BSNL may at any time revoke or change
    authorization given to COLLECTION AGENCY in respect of any customer with or without assigning any
    reason thereto. COLLECTION AGENCY shall also be liable to remit to BSNL any payment collected by
    COLLECTION AGENCY without BSNL’s explicit authorisation.
b. On the termination of the authorization to collect COLLECTION AGENCY shall return all papers and
    documents supplied by BSNL together with a note of the progress made by COLLECTION AGENCY on
    the collection of outstanding amounts from the Customers.
9. INTELLECTUAL PROPERTY RIGHTS:
a. COLLECTION AGENCY acknowledges that the ownership of all rights, title and interest in name and
     logo type, etc; which carry the name Bharat Sanchar Nigam Limited vests with BSNL and
     COLLECTION AGENCY will not acquire any right or interest in any such trade names by virtue of this
     Agreement.
b. COLLECTION AGENCY hereby undertakes to give notice forthwith in writing to BSNL of any
     infringement or colorable imitation of any of the trade names or trade marks of BSNL used on or applied
     to any products/ services, which shall at any time or from time to time come to the knowledge or notice
     of COLLECTION AGENCY and in this connection COLLECTION AGENCY agrees to and thereby shall
     at all times, if so required by BSNL render all assistance in its power and control to BSNL so as to
     restrain / prevent such infringement.
10. TAX AND LEVY:
     COLLECTION AGENCY shall be liable to pay all State, Central or local taxes other than Service Tax,
     as are applicable at the time of providing the services or may become applicable thereafter in respect of
     the services rendered hereunder.
11. INDEMNITY AND LIMITATION OF LIABILITY:
 a. COLLECTION AGENCY shall indemnify and keep BSNL fully indemnified and harmless from and
      against COLLECTION AGENCY ‟s non performance of this Agreement or breach of trust or violation of
      any of the terms and conditions as laid down in these presents and any other negligence by and on its
      part, which can be related to, either directly or indirectly affecting BSNL’s business operations, and
      against any claims by any customer or person affected by any action or negligence on the part of
      COLLECTION AGENCY or its employees. COLLECTION AGENCY shall alone be responsible and
      liable for, in the event any suits, actions, proceedings, claims and demands initiated by such customers
      or third parties complaining about the services of COLLECTION AGENCY during the pendency of the
      agreement or thereafter or whatsoever and shall indemnify BSNL in relation thereto from any losses,
      damages, costs, charges and expenses (including all legal expenses) that may be incurred by BSNL in
      respect thereof or any other complaints of the nature of breach of trust, or violation or negligence to

                                                 - 14 -                                  Signature and Seal
                                                                                              of the Bidder
      adhere to any terms and conditions of this agreement, which BSNL may separately and/or jointly
      suffer, face, incur or bear.
 b.   COLLECTION AGENCY hereby agrees and covenants to indemnify and keep BSNL indemnified
      against:

      1) All losses, misappropriations, misuse or damage of or to the documents or any other security
          instruments which are in possession of the COLLECTION AGENCY or its personnel or within the
          control of COLLECTION AGENCY or its personnel.
      2) Any or all claims, liabilities, damages, losses, costs, charges, expenses, proceedings and actions
          of any nature whatsoever made or instituted against BSNL and/or any customer directly or
          indirectly or by any third party by reason of :-
      i. Any wrongful, incorrect, dishonest, criminal, fraudulent or negligent work, misfeasance, disregard
          of duties by COLLECTION AGENCY or its personnel; and /or
      ii. Any criminal breach of trust, criminal misappropriation, theft, robbery, fraud or wrongful act or
          omission by COLLECTION AGENCY or its personnel; and/or

      iii. Any breach of any of the provisions of this Agreement or any of the Annexures by COLLECTION
           AGENCY or its personnel; and/or
      iv. Any loss or damage caused to BSNL or its customer for any default or mistake or error or
           commission any act which is not authorized or done in accordance with the procedure laid down by
           BSNL; and/or
       v. Any loss or delay in handling the amount paid by the customers to BSNL; and/or
      vi. Any loss as a result of incorrect calculations by COLLECTION AGENCY or any person engaged
           by it.
 c. All indemnities shall survive during and after termination or determination of this Agreement and
      COLLECTION AGENCY shall continue to be liable under the indemnities.
 d. Except as provided in this Agreement, hereinabove, BSNL shall not be liable to Collection Agency or
      any other party by virtue of termination of this agreement for any reason whatsoever for any claim for
      loss or profit or on account for any expenditure, investment, leases, capital improvements or any other
      commitments made by the Collection Agency in connection with their business made in reliance upon
      or by virtue of this agreement
12. ACCOUNTS AND RECORDS
  a. COLLECTION AGENCY shall maintain accurate accounts and records, statements of all its operations
      and expenses in connection with its functions under this Agreement in the manner specified by BSNL.
  b. COLLECTION AGENCY shall forthwith upon being required by BSNL allow BSNL or any of its
      authorized representatives to inspect, audit or take copies of any records maintained by COLLECTION
      AGENCY. COLLECTION AGENCY shall also cooperate in good faith with BSNL to correct any
      practices, which are found to be deficient as a result of any such audit within a reasonable time after
      receipt of the report from BSNL. However, upon discovery of any discrepancies or underpayments
      COLLECTION AGENCY shall immediately reimburse BSNL for such discrepancies or underpayments.
13. TERMINATION
  a. Without prejudice to the rights and remedies available to BSNL under this Agreement, BSNL shall
      have the right to terminate this Agreement by giving one week‟s (7) days written notice without
      assigning any reason whatsoever nature.
  b. However, If COLLECTION AGENCY fails or neglects, to observe or commits, or allows to be
      committed by breach of the terms, conditions, provisions or stipulations of this Agreement on its part to
      be performed or any reported misconduct on the part of COLLECTION AGENCY or its employees,
      BSNL shall have the right to terminate the Agreement forthwith without assigning any reason of
      termination. BSNL may in its own discretion, choose to give to Collection Agency a chance to remedy
      such breach if such breach is remediable.
14. EVENTS OF TERMINATION
Notwithstanding the above, BSNL shall also terminate this Agreement by giving three (3) days notice to
COLLECTION AGENCY, in the event:
     a. If any of the representations made by COLLECTION AGENCY are found to be false or wrong. or;
                                                  - 15 -                                  Signature and Seal
                                                                                               of the Bidder
     b.   If COLLECTION AGENCY does or suffers any act or thing or omits to do or suffers to be done any
          act, thing, deed or matter whereof in the consequence of which the business of BSNL may be or is
          likely to suffer or;
     c.   If COLLECTION AGENCY acts beyond the scope of this Agreement or is suspected of falsifying
          records or;
     d.   If COLLECTION AGENCY by its act or omission gives to BSNL reasonable ground to consider
          that its rights may be prejudiced or jeopardized.

     e. If COLLECTION AGENCY fails to perform its any obligation under the agreement
15. CONSEQUENCES OF TERMINATION
  a. Upon the expiration or termination of the Agreement for any reason whatsoever              (i) The obligations
       of either party having accrued under the Agreement prior to the expiration or termination of the
       Agreement shall not be effected and such expiration or termination shall be without prejudice to any
       liabilities of either party to other party existing at the date of expiration or termination of the
       Agreement,                  (ii) Collection Agency shall forth with discontinue the process of collection of
       outstanding amount as contemplated herein and shall not represent the BSNL in any of its dealings,
       (iii) Collection Agency shall not intentionally or otherwise commit any act(s) as would keep third party
       to believe that the collection agency is still the BSNL‟s authorized collection Agency ,
       (iv) Collection Agency shall immediately pay to BSNL all the outstanding payment that Collection
       Agency may have received/collected from the BSNL customers. In case of failure of Collection Agency
       to handover such outstanding amount, the same shall be realized either through the pending bills due
       to Collection Agency or by forfeiture of Security Deposit without prejudice to any other action for
       realization of amounts due to BSNL.
  b. Not make any use whatsoever of the information / data disclosed or communicated to COLLECTION
       AGENCY by BSNL or acquired by COLLECTION AGENCY in connection herewith or as a result of
       the implementation of this agreement.
  c. Forthwith return and deliver unto BSNL information / data disclosed or communicated by BSNL to
       provide collection services as contemplated herein. Further at the time of termination, all records,
       receipts books, identity cards, lists, materials, papers, schedules and other documents, which
       COLLECTION AGENCY holds pursuant to this Agreement shall be returned to BSNL.
  d. Not retain any copies or extracts of any documents nor shall it make any use thereof or of any kind of
       benefits of research or new methods of evaluation acquired by it concerning the provision of said
       services.
  e. Forthwith cease and desist from using the name, logo, letter heads and all other materials supplied by
       BSNL having BSNL’s name, logo etc; and surrender the same to BSNL.
16. PRINCIPAL-TO-PRINCIPAL AGREEMENT
       It is agreed between both the Parties herein that the performance under this Agreement is on a
       Principal-to-Principal basis and does not create and shall not deem to create any employer-employee
       relationship between BSNL and COLLECTION AGENCY. COLLECTION AGENCY shall not by any
       acts, deeds or otherwise represent to any person that COLLECTION AGENCY is representing or
       acting as an agent of BSNL, except to the extent and purpose permitted herein.
17. WAIVERS:

      No waivers by either party of any of their terms hereof or of any breach thereof shall constitute or be
      deemed to be a waiver of any such terms or if any breach in any other case whether prior or
      subsequent thereof.
18. COMPLIANCE WITH STATUTES:
       COLLECTION AGENCY hereby undertakes to observe and comply with all laws, orders, rules,
       regulation notification and other legal requirements as may be necessary for the collection of
       outstanding from the subscribers/ customers.
19. GENERAL
  a. This Agreement shall not be varied in its terms by way of oral Agreement or representation or otherwise
     than by an instrument in writing executed by the parties hereto or by their duly authorized
     representatives.
                                                    - 16 -                                   Signature and Seal
                                                                                                  of the Bidder
        b. If any term or provision of this Agreement shall be held to be invalid or unenforceable the validity and
           enforceability of the remaining provisions shall not in any way be affected or shall not in any way be
           impaired thereby. In such an event the unenforceable part of this agreement shall be deemed as not
           part of these presents.

        c. This Agreement supersedes all prior arrangement or Agreement between the parties hereto and any
             such arrangements or Agreements are and shall be of no effect.
        d. The clause heading in this Agreement are inserted for convenience only and should be ignored in
             construing this Agreement.
        e. BSNL shall arrange for the duplicate copy of the bills as requested by the customers through the
             representatives of COLLECTION AGENCY.
        f. The COLLECTION AGENCY (CA) shall ensure compliance of all statutory obligations viz. payment of
             wages/salary to the staff engaged by the COLLECTION AGENCY on regular and timely basis and any
             other amounts including any statutory dues, charges, taxes and levies payable as per the relevant
             statutes applicable and subsequent amendment thereof and same shall be the sole liability of
             COLLECTION AGENCY and BSNL will not be liable in any circumstances whatsoever.
      20. ARBITRATION:
      a) In the event of any dispute, difference or questions arising between the parties hereto relating to or
          concerning or arising out of this Agreement, the same shall be referred to arbitration. Arbitrator shall be
          appointed by GMTD, Dhanbad (Head of SSA).
          The decision of the Arbitrator shall be final and binding on the parties.
      b) The arbitration shall be governed by the ARBITRATION & CONCILIATION ACT, 1996 and the same
          shall be held at Dhanbad (place to be indicated). The language of Arbitration shall be in English and the
          award of the arbitrator shall be final and binding on both parties.
      21. JURISDICTION:
          It is mutually agreed between the parties that any dispute or claims arising under this Agreement shall be
          subject to the jurisdiction of the Courts at Dhanbad (place to be indicated, which can be the place where
          agreement is signed or Circle HQ).

   IN WITNESS WHEREOF, THE PARTIES HEREIN HAVE EXECUTED THIS AGREEMENT AND AFFIXED
   THEIR SIGNATURES ON THE DAY, MONTH AND YEAR AS FIRST AFORESAID.
Signed and delivered for               Signed and delivered for

Bharat Sanchar Nigam Limited, ___________
                                                   Collection Agency


___________________________                        ___________________________

DY. General Manager (Finance)
                                                   Proprietor

IN THE PRESENCE OF:                                IN THE PRESENCE OF:

WITNESS________________________                    WITNESS________________________




                                                        - 17 -                                  Signature and Seal
                                                                                                     of the Bidder
                                              ANNEXURE “A”
                                             COMMERCIAL TERMS:
1. Security Deposit
    a. Security Deposit : The Collection agency shall pay a deposit of Rs 20,000/-
       (Rs ten thousand only) towards security deposit, either in cash or in the form of Bank Guarantee/NSC
       pledged to the Head of SSA, before the contract is entered into. Bank guarantee should be valid for a
       minimum period of sixteen (16) months.
    b. Interest: No interest would be payable on the security deposit.
2. Commission:
       i) BSNL shall pay a commission at the rate mentioned below on the amount collected by COLLECTION
            AGENCY during the allocation period including the amount directly deposited in BSNL‟s office by the
            defaulting customers, after allocation of their accounts to Collection Agency.

            Name of Collection Agency
            AREA (i.e. Central, East, West,                               RATE
            North, South etc. as the case may                             (As per approved
            be)                               BUCKET                      bid)
            1
            2

        ii) Additional incentives as follows shall be given for achieving specific targets in respect of each portfolio
             of outstanding account:

           Recovery of outstanding made                  by Additional incentives
           the Agent/Agency
           (as % of portfolio allocated)
           Upto 20%                                              Nil
           > 20% up to 30%                                       3%
           > 30% up to 40%                                       5%
           More than 40%                                         7%

            To be eligible for additional incentive, the recovery of outstanding dues should be made in a period of
            one month (30 days), from the date of receiving the list of outstanding against the allotted portfolio.

        iii) These rates are exclusive of Service Tax, which will be over and above the above rates and shall be
             remitted by the Collection Agency to Service Tax Authorities after realization of the same from BSNL
             along with commission due and admissible.

        iv) Performance of Collection Agency will be considered non-satisfactory if its’
            percentage of collection is less than 30% of percentage collection by other
            Agent’s/Agency’s performing best in that age bucket. i.e., if the top performing
            Agent/Agency collects 15% of outstanding in the prescribed time duration, any
            Agent/Agency with collection below 4.5% of outstanding will be considered having
            non-satisfactory performance and shall be dealt with as per para 2.4.6 of Circular
            No. 2-11/2009-BSNL/TR dated 09-07-2009.

        v) Besides the above, all other terms and conditions relating to engaging of Collection Agency for
           recovery of outstanding dues of BSNL under the scheme, shall be as per the detailed guidelines
           prescribed vide circular No. 2-11/2009-BSNL/TR dated 09-07-2009 read with
           amendment dated 13-07-2009, which shall form part of the Agreement..




                                                        - 18 -                                   Signature and Seal
                                                                                                      of the Bidder
                                ANNEXURE „B‟
                     Code of Conduct of Collection Agencies

The Collection Agencies and their employees will behave like ambassadors of the Company.
They are committed to supply services of the highest quality standards to ensure Customer
satisfaction. All the practices adopted for follow up and recovery of dues and repossession of
the Company assets, if any, will be in consonance with all applicable laws and regulations.
1.       General Guidelines
    (x)      The Customer shall be contacted ordinarily at the contact number & the place of
             his/her choice (Billing address, as specified to BSNL) and in the absence of any
             specified place, at the place of his/her residence and if unavailable at his/her
             residence at the place of his/ her business/occupation.
    (xi)     Identity and authority of the Collection Agency to do the follow up and recovery of
             dues on behalf of the company shall be made known to the Customer at the first
             instance.
    (xii) Customer will normally be contacted, by way of telephone call or in person,
             between 08.00 hrs and 21.00 hrs, unless the special circumstance of the
             Customer’s business or occupation if advised by the Customer requires the
             Company to contact at a different time.
    (xiii) Customer’s requests to avoid calls at a particular time or at a particular place shall
             be honored.
    (xiv) if the Customer claims to have already paid the bills, the Agent will politely request
             the Customer to provide the evidence of such payment
    (xv) The Collection Agency will document the efforts made for the recovery of dues.
    (xvi) Inappropriate days/occasions such as bereavement in the family or such other
             calamitous occasions’, will be avoided for collection.
    (xvii) The Collection Agency shall not under any circumstances make use of slang or of
             any form of inappropriate language & shall be sincere, polite yet firm in all their
             interactions with the Customer.
    (xviii) The Collection Agency shall cooperate with the law enforcement agencies, as and
             when required.
2.       Standards Compliance:
         The Collection Agency’s employee/s shall conduct themselves while undertaking
         collection of the outstanding dues, as per the laws of the country and as per the Code
         of conduct for Collection Agency and agents.
3.       Fraudulent Practices:
         Collection Agency and / or its staff shall be polite towards the Customer so as to avoid
         allegations of bad behavior. Fraudulent practices adopted by Collection Agency and /
         or their staff will lead to immediate termination of the contract, banning of the Agency,
         imposition of penalty clause as per agreement, besides prosecution and police
         complaints against the concerned Agency/employee/s of the Agency.
4.       Professional Ethics:
         Collection Agency shall be responsible to ensure that the principals, managers, and
         staff of the collection Agency are aware and adhere to the provisions of the Non-
         Disclosure requirement contained in the Collection Agency Agreement.
         The employees of the Collection Agency shall have a minimum qualification of High
         School / Graduation. The employees will be neat and clean in his/ her appearance.




                                              - 19 -                            Signature and Seal
                                                                                     of the Bidder
                                               SECTION – VII

                                              FINANCIAL BID
                    Price / Rate Quotation for Collection of Outstanding dues
     Name of Agency ……………………………………………………………………………………

Area for which Buckets    Age of             Outstanding       No.     Value(In    Rate of       Rate of
Commission                Outstanding        for the period    of      Lacs of     Commission    Commission
rate is quoted                                                 Bills   Rupees)     (In %age      (In %age
                                                                                   terms) (In    terms) (In
                                                                                   figure)       words)
      1            2             3                 4             5             6        7              8
A-1 (Dhanbad   Bucket -   > 3 months upto    01/01/09 to       598     19.11
Urban)         1(B-1)     6 months old       31/03/09

A-2 (Bokaro    Bucket-    > 6 months upto 01/07/08 to          1036    4064
Urban)         2(B-2)     12 months old   31/12/08

A-2 (Bokaro    Bucket-    >12 months         01/07/06 to       3846    179.27
Urban          3(B-3)     upto 36 months     31/06/08
                          old
A-3 (Dhanbad   Bucket -   > 6 months upto    01/07/08 to       322     9.41
& Bokaro -     2(B-2)     12 months old      31/12/08
Rural))
A-3 (Dhanbad   Bucket -   >12 months         01/07/06 to       1762    63.63
& Bokaro -     3(B-3)     upto 36 months     31/06/08
Rural))                   old

     Note : (1) No. of Bills and value may differ slightly due to interim payments received from time to
            time.


     The following charges shall be extra

        1.      Service Tax
        2.      Education Cess
        3.      Higher Education Cess
        4.      Etc.,

     SEAL
     DATE
                                                                           Signature …………………….
                                                  Name of the Authorised Signatory…………………….




                                                      - 20 -                             Signature and Seal
                                                                                              of the Bidder

								
To top