Railway Accounts Department Examinations

Showing posts with label GCC. Show all posts
Showing posts with label GCC. Show all posts

Sunday, October 30, 2022

Arbitration & Conciliation

 

Arbitration & Conciliation


  • Settlement of Disputes - 3 Stages


  1. Conciliation.  If it fails, then

 

  1. Arbitration. If this one too fails, then


  1. Judicial proceedings

  

●     Authority: Click for Indian Arbitration & Conciliation Act, 1996. New Act is “Indian Arbitration & Conciliation Act, 1996 - Simple, straight and easy in its understanding & implementation. It repeals the Arbitration Act, 1929. 

●     Source: Clauses 63 & 64  Click for GCC for Works,2022 April  

  • 90 days - If the Contractor does not prefer his claims in writing within a period of 90 days of receiving the intimation from the Railways that the final bill is ready for payment, he will be deemed to have waived hi claim and the Railways shall be discharged and released all liabilities and under the contract in respect of these claims. 


What is Conciliation ?

  1.    The action of mediating between two disputing people.

2.    An alternative out of court dispute resolution instrument.

3.    An alternative to Arbitration too.

4.    The parties seek to reach an amicable dispute settlement.

5.    The Conciliator, a neutral third party assists the conciliation process.

6.    Voluntary proceedings. Both parties are free to agree to it.

7.    The process is flexible, allowing parties to define the time, structure and content of the conciliation proceedings.

8.     The ultimate decision to agree on the settlement remains with the parties. 

Conciliation:

 

  1. Notice of Dispute:   By Contractor to Railways  - Within 30 days from the date of issue of Completion Certificate by Chief Engineer.

  2. Notify the name(s) of Conciliator(s) to the Contractor  - Within 30 days from the date of receipt of “Notice of Dispute”

  3. Conciliator(s) shall assist the parties to reach an amicable settlement in an independent and impartial manner within the terms of contract.

  4. During Conciliation proceedings - Parties shall not initiate any arbitral or judicial proceedings.  

  5. If parties reach an agreement due to the above efforts of Conciliator - Draw up and Sign a Written Settlement Agreement by all parties and Conciliator and it is final and binding for all.  

  6. Termination of Conciliation proceedings (Section 76 of ‘The Arbitration and Conciliation Act, 1996)   

  • By the signing of the settlement agreement by the parties, or

  • By a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, or

  • By a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated,  or

  • By a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated.






 ● What is Arbitration?

 

1.    Use of an Arbitrator to settle a dispute between parties arising out of contract.

2.    An inbuilt mechanism in Contracts.

3.    Without going through the judiciary.

 

Who is an Arbitrator ?

 An Independent person or body officially appointed to settle a dispute.

  

Reasons for Arbitration cases

 

1.     Site not handed over in time due to delayed land acquisition.

2.    Non removal of Powerline crossings

3.    Non availability of P.Way materials

4.    Delay in obtaining clearances from Forest Dept, Environment ministry etc

5.    Not preparing plans/drawings/designs in advance.

6.    Inadequate delay in issuing instructions.

7.    Frequent changes in Scope, Design, Plans of work during the tenure of contract.

8.    Non finalization of variation statements

9.    Delay in making measurements and arranging passing of bills

10.  Inadequate funds availability leads to delay in payments

11.  Non attending grievances of contractor promptly

12.  Improper fixation of completion of time leading to number of extensions.


●     Excepted matters are not arbitrable. Clauses 8, 18, 22(5), 39, 43(2), 45(a), 55, 55-A(5), 57, 57A,61(1), 61(2) and 62(1) of Standard General Conditions of Contract or in any Clause (stated as excepted matter) of the Special Conditions of the Contract)  -  Decision of the Railway authority shall be final and binding on the Contractor.

 

  1. Clause 7(j) - Assignment or Subletting of Contract: Further, in case Engineer is of the view that subcontractor’s performance is not satisfactory, he may instruct the Contractor to remove the subcontractor from the work and Contractor has to comply with the above instructions with due promptness. Contractor shall intimate the actual date of discontinuation of subcontract to Engineer. No claim of Contractor whatsoever on this account shall be entertained by the Railway and this shall be deemed as ‘excepted matter’ (matter not arbitrable). 

  2. Clause 8 - Assistance by Railway for the Stores to be obtained by the Contractor:

  3. Clause 18 -Illegal Gratification, bribe, commission, gift or advantage provided by Contractor to the Railway Official.

  4. Clause 22(5) - Specifications and Drawings

  5. Clause 39 - Rates for extra items of work

  6. Clause 43(2) - After signing “No Claim Certificate” by Contractor

  7. Clause 45 (i)(a) - Measurement of Works by Railway:

  8. Clause 55 A (5) - Provisions of Contract Labour (Regulation and Abolition) Act, 1970

  9. Clause 57 - Provision of Workmen Compensation Act

  10. Clause 57 (A)- Provision of Mines Act:

  11. Clause 61(1) - Right of Railway to Determine the Contract

  12. Clause 61(2) - Payment on Determination of Contract

  13. Clause 62(1) -  Determination of Contract owing to Default of Contractor

  

Demand for Arbitration:


  • 120 to 180 days - If Railway fails to take a decision on Contractor’s claim within 120 days, Contractor shall make demand for Arbitration after 120 days but before 180 days from the date of Contractor’s claim

 

  •  In Writing

  • Specify the matters and claims

  • Within 30 days from the date of appointing Arbitral tribunal  - Claimant shall submit his/her claims with supportive documents.

  • Railway’s counterclaim  - 60 days from the date of appointing Arbitral tribunal.


  • Place of Arbitration:  Within Division or Hqrs or any other place with the written consent of both the parties. 

 

  • No new claim during the proceedings by either party. However either of the parties can amend or supplement the original claim or defense subject to the acceptance by the Tribunal. 

 


Cost of Arbitration  - borne by both parties equally.   

  • A party may apply for corrections of any computational errors, any typographical or clerical errors or any other error of similar nature occurring in the award of Tribunal and interpretation of specific point of award to Tribunal within 60 days of receipt of the award. 















  • Appointment of Arbitrators - Where applicability of Section 12(5) of Arbitration & Conciliation Act, 2015 (Arbitrator’s relationship with the parties or counsel ) has been waived off 

  • The serving Officer can continue as Arbitrator  in the Tribunal even after Retirement.

  • In case of Tribunal, comprising 3 members - Award shall be made by the majority of members of Tribunal.  In the absence of such a majority, the views of the presiding arbitrator shall prevail. 

 

Amount of Claim

No of Arbitrators

Remarks

 

Up to Rs. one Crore

Sole

JAG and above


Above Rs. One Crore

Three

3 JAG Officers & above

Or 

2 JAG Officers & above & 1 Retd SAG & above















  •  Appointment of Arbitrators - Where applicability of Section 12(5) of Arbitration & Conciliation Act, 2015 (Arbitrator’s relationship with the parties or counsel ) has not been waived off

Amount of Claim

No of Arbitrators

Remarks

 

Up to Rs. 50 Lakhs

Sole

Retired SAG & above


Above Rs. 50 Lakhs

Three

Retired 3 JAG Officers & above


Qualifications of Arbitrators: 

  1. Serving Gazetted officers of JAG & above 

  2. Retired Railway Officers of SAG & above , one year after his date of retirement

  3. Below 70 Years.



 &&&&&


Monday, August 16, 2021

MCQ on GCC for Services

 

MCQ on GCC for Services

 

By Nageswara Rao, 9492432160

 

Clickfor Revised GCC for Services


Click for PDF document i.e., MCQ on GCC for Services 


1.GCC for Services issued in the year ? 

 

  1. 2020
  2. 2019
  3. 2018
  4. 2017

2.Which is not an example of Service Contract 

 

  1. Publicity on Platforms / Trains
  2. Maintenance, Housekeeping areas
  3. Professional, Intellectual, Training areas
  4. Consultancy & Advisory services

3.QCBS stands for ______________________ 

 

  1. Quality & Cost Based Standards
  2. Quality & Contract Based Selection
  3. Quotation & Cost Based Selection
  4. Quality & Cost Based Selection

4.Two Packet system of bidding in Service Contracts applicable for valuing _______ and above 

 

  1. Rs. 10 Crores
  2. Rs. 50 Lakhs
  3. Rs. 5 Crores
  4. Rs. 1 Crore

5.Which of the following is incorrect in regard JV - Joint Ventures / Consortium in Service Contracts

 

  1. Lead Member shall have majority (at least 51 % ) share
  2. Other Members shall have a share of not less than 20 % each , if JV firms with up to 3 Members
  3. Other Members shall have a share of not less than 12 % each , if JV firms with more than 3 Members
  4. If JV firm with Foreign Member (s), the lead Member has to be an Indian Firm

6.Choose the incorrect one - QCBS method adopted in Service Contracts

 

  1. Applicable for All Service Contracts
  2. The bid with highest weighted combined score (Quality & Cost) shall be selected
  3. The weightage of the technical parameters i.e., non-financial parameters in no case should exceed 80 %
  4. Applicable for Service contracts having bid value exceeding Rs. 50 Lakhs

7.In an example of Service Tenders, A quoted Rs.80, B quoted Rs. 90 and C Quoted Rs.100, what is financial score of Mr C (formulae=LFB / F x 100) LFB stands for Lowest Financial Bid & F stands for Quoted Amount 

 

  1. 125
  2. 80
  3. 100
  4. 120

 

8.Work Experience: Should have satisfactorily completed, in the last three financial years and current FY upto the date of opening of Tender, One similar single service contract for a minimum of ____ of the advertised value of bid. 

 

  1. 35
  2. 50
  3. 150
  4. 60

 

 

9.Financial Turn Over Should have aggregate turn over not less than _______of advertised bid value during the last three financial years and current year up to the date of opening of Tender 

 

  1. 35
  2. 50
  3. 150
  4. 60

10.Bidder should have access to or has available liquid assets, line of credit and other financial means to meet cash flow that is valued _____ estimated bid value net of applicants other contractual commitments. 

 

  1. 10 %
  2. 5 %
  3. 50 %
  4. 20 %

 

 

11.If two or more offers are lowest and same: bidder with max bid marks will be considered lowest. If Bid marks also same- ________________will be considered. 

 

  1. Higher cumulative annual financial turn over the past three FY and current year
  2. Highest liquidity
  3. Higher cumulative completed similar works over the past three FY and current year
  4. Highest score of Technical Bid

12.EMD - For services are estimated to cost up to Rs. 1 Crore is _____ of the estimated cost of the work

 

  1. 20 %
  2. 5 %
  3. 10 %
  4. None of the above

13.Execution of Agreement - Within______ after the receipt of communication that the agreement is ready

 

  1. 14 days
  2. 90 days
  3. 7 days
  4. 30 days

14.Contract document / Agreement shall be prepared and signed by the both parties in ______ and given to ____________ 

 

  1. 3 copies , Finance, Executive & Contractor
  2. 2 copies , Executive & Contractor
  3. 2 copies, Finance & Contractor
  4. 4 copies, Finance, Executive, Audit & Contractor

 

 

 

 

 

15.There is no provision of Security Deposit in the Service Contracts. Am I ____ 

 

  1. Serious
  2. Joking

 

16. Performance guarantee at a rate of _______ of the contractual value shall be deposited by the successful bidder 

 

  1. 5 %
  2. 20 %
  3. 2 %
  4. 10 %

 

17.In case the contractor fails to submit the requisite PG even after ______ from the date of issue of LOA, the contract shall be terminated duly forfeiting EMD and other dues, if any payable against that contract. 

 

  1. 60 days
  2. 90 days
  3. 30 days
  4. 120 days

18.Penal interest of _______ shall be charged for the delay beyond 30 days and up to the date of submission of PG from the date of issue of LOA 

 

  1. 15 % per annum
  2. 12 % per annum
  3. 10 % per annum
  4. 8 % per annum

19.Services - EMD is exempted for _____________ 

 

  1. MSEs (Micro & Small Enterprises) recognized by Ministry of MSME (Micro, Small & Medium Enterprises)
  2. Startups recognized by DIPP (Department of Industrial policy & Promotion )
  3. Both of the above
  4. None of the above

20.Services - The Earnest Money Deposit shall be rounded to the nearest _____ 

 

  1. Rs. 100
  2. Rs.5
  3. Rs. 10
  4. Re 1

21.Services - If the value of Contract decreases by more than 25% of the original contract value, ______________________________ 

 

  1. PG amounting to 5 % of the decrease in the contract value shall be returned to contractor.
  2. PG amounting to 10% of the decrease in the contract value shall be returned to contractor.
  3. Performance guarantee amounting to 10% of the decrease in the contract value shall be adjusted as Security Deposit
  4. Performance guarantee amounting to 10% of the decrease in the contract value shall not be returned to contractor.

 

22.If the penalty imposed exceeds 50% or 75 % of the applicable maximum penalty, a PG equivalent to _______ & ____________ respectively of the applicable PG shall be forfeited. 

 

  1. 25 % and 50 %
  2. 50 % and 75 %
  3. Nil and 25 %
  4. 30 % and 60 %

 

 

 

23.PG shall be initially valid up to the stipulated date of completion and maintenance period, if any plus ________ beyond that.

 

  1. 90 days
  2. 120 days
  3. 60 days
  4. Nil

 

24.What is the object of Performance Guarantee in Service Tenders ? 

 

  1. The balance work shall be got done independently without risk & cost of failed contractor.
  2. To keep the offer open till the finalization of Tender
  3. Replacement of Security Deposit
  4. None of the above

 

25.Whenever the Contractor (in Services) is rescinded, the failed contractor shall be debarred for a period of _____ years from the date of rescindment from participating from the bids. 

 

  1. 2 years , but can participate in the bid of balance of services of failed contractor
  2. 1 year , but can participate in the bid of balance of services of failed contractor
  3. 2 years , and not eligible to participate in the bid of balance of services of failed contractor
  4. 1 year , but can participate in the bid of balance of services of failed contractor

 

26.Liquidated Damages - For delayed on part of Contractor, a penalty a sum of equivalent of _______ of the contract value of the service of each ______ or part of the _______ 

 

  1. 0.10 % , week
  2. 1 % , week
  3. 0.40 %, month
  4. 0.50 %, month

27.Total amount of LD (Liquidated Damages) shall not exceed _____ of the Contract value -- Services 

 

  1. 10 %
  2. 2 %
  3. 20 %
  4. 5 %

28.Operation of an item by more than 125 % of the Agreement Quantity needs the approval of __________ 

 

  1. Officer of the rank not less than JAG and Finance concurrence required
  2. Officer of the rank not less than HAG and Finance concurrence required
  3. Officer of the rank not less than SAG without Finance concurrence
  4. Officer of the rank not less than SAG and Finance concurrence required

29.Services - Variation beyond 150 % - individual item - subject to __________ 

 

  1. Prohibited
  2. permitted in exceptional unavoidable circumstances with associated finance concurrence and paid at 96 % of the rate
  3. permitted in exceptional unavoidable circumstances and paid at 96 % of the rate. Finance Concurrence not required
  4. permitted in exceptional unavoidable circumstances with associated finance concurrence and paid at 94 % of the rate

30.Services - Variation beyond 150 % of the overall Agreement value - subject to 

 

  1. Normally should not be permitted and if found necessary, either fresh tenders or negotiating with existing tenderer. Concurrence of PFA / FA&CAO (C) and approval of PHOD
  2. Normally should not be permitted and if found necessary, either fresh tenders or negotiating with existing tenderer. Personal concurrence of PFA / FA&CAO (C) and approval of GM
  3. Normally should not be permitted and if found necessary, through fresh tenders. Personal concurrence of PFA / FA&CAO (C) and approval of GM
  4. Normally should not be permitted and if found necessary, either fresh tenders or negotiating with existing tenderer. Associated Finance concurrence and approval of GM

 

31.Variation in Service Contracts - Decrease beyond 25 % for individual items or overall agreement value. Subject to ? 

 

  1. Approval of an Officer not less than rank of SAG, Finance Concurrence not required obtaining "No claim certificate" from Contractor
  2. Approval of an Officer not less than rank of PHOD, Associate Finance Concurrence, obtaining "No claim certificate" from Contractor
  3. Approval of an Officer not less than rank of SAG, Associate Finance Concurrence, obtaining "No claim certificate" from Contractor & obtaining "No Dues Certificate" from the Executive
  4. Approval of an Officer not less than rank of SAG, Associate Finance Concurrence, obtaining "No claim certificate" from Contractor

 

32.The limit for varying quantities for minor value items shall be 100% . A minor value item for this purpose is defined as an item whose original agreement value is less than _____ of the total original agreement value.

 

  1. 10 %
  2. 1 %
  3. 5 %
  4. 20 %

33.Services - If Vitiation happens, _____________ 

 

  1. Obtain the Sanction of the Officer as per Single Tender
  2. Obtain the Sanction of the Officer as per Single Tender with personal Finance Concurrence of PFA / FA&CAO(C)
  3. Payment shall be restricted to the lowest calculated value of all valid offers
  4. None of these

34.Services - Payments to Contractors shall be rounded off to the nearest ________ 

 

  1. Rupee
  2. 5 Rupees
  3. 10 Rupees
  4. 100 Rupees

35.Service Contracts - The amount payable on account of Price variation shall be settled every ______ 

 

  1. Quarter
  2. Month
  3. No such duration. As and when the bill is submitted.
  4. 15 days

36.Service Contracts - PVC (Price Variation Clause) for Contracts whose delivery period extends beyond _________ 

 

  1. 6 months
  2. 12 months
  3. 24 months
  4. None of these

37.Services - The Base Month for PVC shall be taken as ________________ unless otherwise stated elsewhere.

 

  1. Previous month to the month of opening of bids including extensions, if any,
  2. month of opening of bids including extensions, if any,
  3. Month next to the month of opening of bids including extensions, if any,
  4. None of the above

38.Services Contracts - for calculation of PVC - Fixed component is always _______ 

 

  1. 10 %
  2. 20 %
  3. 15 %
  4. 30 %

 

 

 

 

 

39.PG Shall submit in __________ within 30 days from LOA Issued date 

 

  1. 2 separate parts of 5 % each
  2. 5 separate parts of 2 % each
  3. 1 part of 10 %
  4. 4 separate parts of 2.5% each

40.Service Contracts - For determination, rly to issue “performance notice” in a prescribed format, “________notice” and finally “Termination Notice” 

 

  1. 14 days
  2. 7 days
  3. One month
  4. None of the above

 

41.Service Tenders - Minus rates quoted 

 

  1. Permitted, but double the PG to be submitted in case of allotted work
  2. Bidders shall not quote minus rates— If at all quote, his EMD to be forfeited
  3. Bidders shall quote minus rates, but not consider for evaluation of Tenders—EMD to be returned.
  4. None of the above

42.Services - Tendering through ________ 

 

  1. GeM
  2. IREPS
  3. e Tendering
  4. E RA

43.Service Tenders - EMD -For services estimated to cost more than Rs. 1 crore 

 

  1. Rs. 2 lakh plus 1/2 % (half %) of the excess of the estimated cost of work beyond Rs.l crore subject to a maximum of Rs 1 crore
  2. Rs. 2 lakh plus 1/2 % (half %) of the excess of the estimated cost of work beyond Rs.l crore subject to a maximum of Rs 5 crore
  3. Rs. 2 lakh plus 1% of the excess of the estimated cost of work beyond Rs.l crore subject to a maximum of Rs 1 crore
  4. Rs. 2 lakh plus 1 % of the excess of the estimated cost of work beyond Rs.l crore subject to a maximum of Rs 5 crore

Answers for MCQ on GCC for Services

QN

Answer

 

QN

Answer

 

QN

Answer

 

QN

Answer

 

QN

Answer

1

 C

 

11

A

 

21

B

 

31

D

 

41

B

2

 A (It is a Earning contract)

 

12

 D (2 %)

 

22

 A

 

32

 B

 

42

 A

3

 D

 

13

 C

 

23

 C

 

33

 C

 

43

 A

4

 B

 

14

 A

 

24

 A

 

34

 A

 

 

 

5

 C (Correct one is 10 %)

 

15

 A

 

25

 C

 

35

 A

 

 

 

6

 A

 

16

 D

 

26

 A

 

36

 D (18 Months)

 

 

 

7

 B

 

17

 B

 

27

 D

 

37

 B

 

 

 

8

 A

 

18

 A

 

28

 C

 

38

 C

 

 

 

9

 C

 

19

 B

 

29

 B

 

39

 D

 

 

 

10

 B

 

20

 C

 

30

 B

 

40

 B

 

 

 

 

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