Contract Mgmt Flashcards
1
Q
An agreement enforceable by low
1) contract
2) promise
3) guarantee
A
contract
2
Q
A Person, firm, company (or any other legal person) who has submitted an offer in response to a notice inviting tender
1) contractor
2) bidder
3) supplier
A
Bidder
3
Q
The bidder whose tender (offer) has been accepted, and who has entered into a valid agreement
1) contractor
2) bidder
3) supplier
A
Contractor
4
Q
the individual or firm supplying the goods on contract
1) contractor
2) bidder
3) supplier
A
Supplier
5
Q
all the equipment, machinery or other material which the supplier is required to supply under the contract
1) Work order list
2) Goods
3) Purchase order list
A
Goods
6
Q
the intention of purchaser to place the purchase order
on the bidder
1) Purchase Order
2) Advance purchase Order
3) Work order
4) Contract
A
Advance purchase Order
7
Q
the order placed by the purchaser on the supplier signed by the purchaser including all attachments and appendices thereto and all documents incorporated by reference therein
1) Purchase Order
2) Advance purchase Order
3) Work order
4) Contract
A
Purchase Order
8
Q
The purchase order shall be deemed as _______
1) Agreement
2) Promise
3) Contract
A
Contract
9
Q
the order issued to the contractor by the officer in charge of the
works
1) Purchase Order
2) Advance purchase Order
3) Work order
4) Contract
A
Work Order
10
Q
the price payable to the supplier under the purchase order for the full and proper performance of its contractual obligations
1) Bid price
2) Bid Security
3) Contract Price
4) EMD
A
Contract Price
11
Q
All the documents of 1.Specifications of the materials or work 2. Terms and conditions of the contract 3. Plans and detailed diagrams if any and other related documents forming part of contract
1) Bid documents/ Tender documents
2) Notice Inviting Tender
A
Bid documents/ Tender documents
12
Q
any publication or notice issued to the public through website or otherwise expressing the intention of the corporation to get the supplies or work done and requesting the bidder to make offers
1) Bid documents/ Tender documents
2) Notice Inviting Tender
A
Notice Inviting Tender (NIT)
13
Q
an amount required to be deposited by the bidder/ tenderer along with his offer as a security against his default of entering into contract
1) Security Deposit/ Performance Guarantee
2) Earnest Money Deposit (EMD)/ Bid Security
A
Earnest Money Deposit (EMD)/ Bid Security
14
Q
an amount fixed as security for ensuring the performance of the contract and compliance to the other conditions of contract by the contractor
1) Security Deposit/ Performance Guarantee
2) Earnest Money Deposit (EMD)/ Bid Security
A
Security Deposit/ Performance Guarantee
15
Q
Procurement Policy Division (PPD) in Department of ________; Ministry of ______
A
Department of Expenditure; Ministry of Finance
16
Q
Intended purpose of creation of Procurement Policy Division (PPD)
1) Centralization of procurement
2) Involvement in procurement processes
3) to encourage uniformity and harmonization in public procurement processes
4) All the above
A
3) to encourage uniformity and harmonization in public procurement processes by making policies.
Centralization of procurement or involvement in procurement processes is not the intended purpose of creation of PPD
17
Q
____________ has been created to encourage uniformity and harmonization in public procurement processes by setting guidelines, dissemination of best practices, providing guidance, oversight and capacity building and issuing of procurement manuals.
1) PPD
2) GeM
A
Procurement Policy Division (PPD)
18
Q
The primary objective of ____________ is to provide a single point access to the information on procurements made across various Ministries and the Departments
1) CPPP
2) GeM
A
the Central Public Procurement portal
19
Q
The CPPP has ______ and________ modules
1) e-publishing
2) e-tender
3) e-procurement
4) e-bidding
A
The CPPP has e-publishing and e-procurement modules
20
Q
It is mandatory for all Ministries/ Departments of the Central Government, Central Public Sector Enterprises (CPSEs) and Autonomous and Statutory Bodies to publish on the _______ all their tender enquiries and information about the resulting contracts
1) CPPP
2) GeM
A
CPPP
21
Q
_________ provides access to information such as documents relating to pre-qualification, Bidders’ enlistment, Bidding documents; details of bidders, their pre-qualification, enlistment, exclusions/ debarments; decisions taken regarding
prequalification and selection of successful bid
1) CPPP
2) GeM
A
CPPP
22
Q
GFR ___ (Rule ___) makes it mandatory for
Ministries/ Departments to receive all bids through e-procurement portals in respect of all procurements.
1) GFR 2019 (Rule 140)
2) GFR 2017 (Rule 160)
3) GFR 2017 (Rule 140)
3) GFR 2019 (Rule 160)
A
GFR 2017 (Rule 160)
23
Q
To ensure better transparency and higher efficiency ________ has been developed for common use goods and services
1) CPPP
2) GeM
A
an online Government eMarketplace (GeM– an e-commerce marketplace)
24
Q
The registration of suppliers on GeM is
1) online and automatic based on ID authentication
2) offline based on ID authentication
A
online and automatic based on ID authentication
25
Tools of ____________ are also available which can be utilized for the procurement of bulk quantities in GeM
choose correct item(s)
1) reverse bidding
2) e-procurement
3) e-auction
4) all of the above
1) reverse bidding
3) e-auction
26
The requirement of compulsory advertisement in Newspapers as per GFR 2005 has been dispensed with vide Department of Expenditure OM T/F
True
27
In case of orders for any additional quantities required to be issued as per tender provisions,
1) additional orders can only be placed strictly after prior approval of the competent authority with appropriate security cover
2) by covering approval
3) either 1 or 2
4) none
only 1
practice of seeking covering approval may be dispensed with
28
_________ may be taken as a security cover against the approved
additional work as per tender provision
1) Additional performance security deposit
2) Additional purchase receipt
3) Additional EMD deposit
Additional performance security deposit
29
Advance Purchase order APO is
1) only a letter of intent
2) contract
3) firm purchase order
4) promise of purchase order
1
APO is only a letter of intent and is neither a contract nor the firm purchase order and to be converted in the firm purchase order only through separate purchase order.
30
Two bid system (2 packets - _______in 1st envelope and _________ in
2nd envelope)
1) Price/ Financial bid, Techno-commercial
2) Techno-commercial, Price/ Financial bid
2
Techno-commercial,
Price/ Financial bid
31
_______________ shall not be accepted against requirement of security deposits like EMD, Performance security or any other security Deposit in BSNL tenders.
1) Corporate Guarantee
2) Government Guarantee
Corporate Guarantee
32
When one person signifies to another his willingness to do something, with a view to obtain the assent of another person, he is said to make
1) promise
2) proposal
3) consideration
4) agreement
proposal
33
A proposal, when accepted, becomes________
1) promise
2) proposal
3) consideration
4) agreement
promise
34
The person making the proposal is called________
1) promisor
2) promisee
PROMISOR (Contractor)
35
The person accepting the proposal is called _______
1) promisor
2) promisee
Promisee
36
When, at the desire of Promisor, the Promisee has done something or promises to do something, such act of promise is called________
1) promise
2) proposal
3) consideration
4) agreement
Consideration
37
Every promise or set of promises forming the consideration for each other is_________
1) promise
2) proposal
3) consideration
4) agreement
Agreement
38
Promises which form the consideration for each other are called_______
1) Reciprocal Promises
2) Mutual Promises
Reciprocal Promises
39
An Agreement enforceable by Law is a Contract. An agreement not enforceable by Law is said to be ______
1) proposal
2) void
3) consideration
void
40
INDIAN CONTRACT ACT, 1872 Applicable from______
the first day of September, 1872
41
The communication of a proposal is complete when __________
1) it comes to the knowledge of the person to whom it is made
2) when it is put in a course of transmission, so as to be
out of the power of the acceptor
3) when it comes to the knowledge of the proposer
4) when it comes to the knowledge acceptor
it comes to the knowledge of the
person to whom it is made
42
The Communication of an acceptance is Complete:-
– as against the proposer, ___________
1) it comes to the knowledge of the person to whom it is made
2) when it is put in a course of transmission, so as to be
out of the power of the acceptor
3) when it comes to the knowledge of the proposer
4) when it comes to the knowledge acceptor
when it is put in a course of transmission to him, so as to be
out of the power of the acceptor
43
The Communication of an acceptance is Complete:-
– as against the acceptor, ___________
1) it comes to the knowledge of the person to whom it is made
2) when it is put in a course of transmission, so as to be
out of the power of the acceptor
3) when it comes to the knowledge of the proposer
4) when it comes to the knowledge acceptor
when it comes to the knowledge of the proposer
44
A proposal may be revoked at any time before________
1) the communication of its acceptance is complete as against the proposer, but not afterwards
2) the communication of its acceptance is complete as against the acceptor, but not afterwards
1
the communication of its acceptance is complete as against the proposer, but not afterwards
45
An acceptance may be revoked at any time before ________
1) the communication of its acceptance is complete as against the proposer, but not afterwards
2) the communication of its acceptance is complete as against the acceptor, but not afterwards
2
the communication of the acceptance is complete as against the acceptor, but not afterwards
46
The communication of a revocation is complete
– as against the person who makes it, ________
1) it comes to the knowledge of the person to whom it is made
2) when it is put in a course of transmission, so as to be
out of the power of the person who makes it
3) when it comes to the knowledge of the proposer
4) when it comes to the knowledge proposer
2
when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it
47
The communication of a revocation is complete
– as against the person to whom it is made, ________
1) it comes to the knowledge of the person to whom it is made
2) when it is put in a course of transmission, so as to be
out of the power of the person who makes it
3) when it comes to the knowledge of the proposer
4) when it comes to the knowledge proposer
1
when it comes to his knowledge
48
Performance of the conditions of a proposal, or the acceptance of any consideration for a reciprocal promise which may be offered with a proposal, is _________
1) an acceptance of the proposal
2) a consideration of the proposal
an acceptance of the proposal
49
If proposal or acceptance of promise is made in words, the promise said to be ________
1) express
2) implied
Express
50
If proposal or acceptance of promise is made otherwise than in words, the promise is said to be ___________
1) express
2) implied
implied
51
Two or more persons are said to consent when _______
1) they consider each other
2) they agree upon the same thing in the same sense
3) they agree upon the same thing in any sense
they agree upon the same thing in the same sense
52
If a person promises to pay a debt which is time barred by Limitation Law, agreement without consideration is void.
1) valid
2) void
void
53
It is a promise to compensate a person who has done something for the Promisor, agreement without consideration is void.
1) valid
2) void
valid
54
It is expressed in writing and registered under the law and is made on account of natural love and affection between the parties standing in near relation to each other, agreement without consideration is __
1) valid
2) void
valid
55
Agreements, the meaning of which is not certain, or capable of being made certain, are ________
1) valid
2) void
void
56
Promises bind the representatives of the promisor in case of death of such promisor before performance, ______
1) unless a contrary intention appears from the contract.
2) in all circumstances
a contrary intention appears from the contract.
57
If it was not the intention of the parties that time should be of the essence of the contract, the contract (does not/does) become voidable by the failure to do such thing at or before the specified time; but the Promisee is (entitled/not entitled )to compensation
does not,
entitled
(If time is the essence of the contract, it can become voidable at the option of the Promisee)
58
Notice under section 55____________ is must before granting any provisional Extension of Time at the request of contractor
1) before expiry of stipulated period
2) after expiry of stipulated period
3) not related to expiry of stipulated period
before expiry of stipulated period
59
Such compensation (for breach of contract) is (not to be/to be) given for any remote and indirect loss or damage sustained by reason of the breach.
not to be
60
_________ has increasingly become a preferred option to settle commercial disputes globally for quick enforcement of contracts & settlement of monetary claims
1) Grievance redressal
2) Arbitration
3) Agreement
Arbitration
61
Arbitration & Conciliation Act came into effect from ______ and was amended by Act 3 of ____. It was further amended by Act 33
of ________with effect from _________
25.01.1996, 2016, 2019 , 9th August 2019
62
Arbitration & Conciliation Act refers Establishment of an independent body called _________
1) Department of Arbitration & Conciliation
2) Arbitration Council of India
3) Department of Public Grievance Redressal
the Arbitration Council of India
63
Appointment of arbitrators by _________
1) complaining party
2) respondent
3) arbitral institutions
4) Arbitration Council of India
arbitral institutions
64
The time restriction for arbitral tribunals to make their award within a period of _________ is removed for _________.
1) 6 months, domestic commercial arbitrations
1) 12 months, domestic commercial arbitrations
1) 6 months, international commercial arbitrations
1) 12 months, international commercial arbitrations
12 months, international commercial arbitrations
65
"Arbitration” means
1) administered by permanent arbitral institution
2) other than administered by permanent arbitral institution
3) both
4) none
both
any arbitration whether or not administered by permanent arbitral institution
66
An arbitration agreement must be in writing. T/F
T
67
An arbitration agreement may be in the form of _____________ or in the form of _________
1) an Agreement Clause in the contract, same agreement
1) an Agreement Clause in the contract, separate agreement
1) an Arbitration Clause in the contract, same agreement
1) an Arbitration Clause in the contract, separate agreement
an Arbitration Clause in the contract, separate agreement
68
The time limit to file written claim and the defense to the claim before an arbitral tribunal has been fixed as __________
1) three months
2) six months
3) twelve months
4) two years
six months
69
A person of any nationality may be an arbitrator, unless otherwise agreed by the parties. T/F
T
70
parties can agree for a sole arbitrator as arbitral tribunal. T/F
T
Only requirement is odd number
71
Each party shall appoint one arbitrator. The two appointed arbitrators shall appoint the third arbitrator who shall act as ____________
1) the chief arbitrator
2) the presiding arbitrator
3) the head arbitrator
the presiding arbitrator
72
As per Sec-11, an arbitrator should be
appointed within _____ days from the date of receipt of request
1) 15
2) 30
3) 45
4) 60
thirty
73
Any arbitrator so appointed is required
to disclose in writing, in the form specified in the _____ Schedule for impartiality and ability
Sixth
74
The arbitral tribunal shall not be bound by the
1) Code of Civil Procedure
2) The Indian Evidence Act
3) both
both
75
The arbitral tribunal shall not be bound by the
1) Code of Civil Procedure
2) The Indian Evidence Act
both
76
Parties are free to agree on the place of Arbitration. if no agreement, place shall be determined by _____.
1) Arbitration tribunal
2) Arbitrator
3) Toss
Arbitrator
77
Arbitration: claimant shall submit __________ and respondent shall submit
_______________
claimant shall submit statement of facts supporting his claim and relief sought and respondent shall submit his statement of defense
78
Arbitration: The respondent may also
1) submit a counterclaim
2) plead a set-off
3) either 1 or 2
either 1 or 2
79
Arbitration: Either party may amend or supplement his claim or defense during the course of proceedings, unless __________
the tribunal considers it inappropriate to allow having regard to the delay
in making it
80
Arbitral tribunal may impose costs including exemplary costs on the party
seeking adjournment _______
1) without any sufficient cause
2) with any sufficient cause
3) both
without any sufficient cause
81
Arbitration: Parties ______ (shall be/shall not be) given sufficient advance notice of any hearing or inspection of records, goods or property.
shall be
82
All statements, documents or applications made to Arbitrator by one party ______ (shall be/shall not be) communicated to other party.
shall be
83
If without sufficient cause, claimant fails to communicate his statement of claim,
Arbitrator shall _____________
1) adjourn the Proceedings
2) terminate the Proceedings
3) continue the proceedings
Terminate the Proceedings
84
If respondent fail to communicate his statement of defense, Arbitrator shall ___________
1) adjourn the Proceedings
2) terminate the Proceedings
3) continue the proceedings
continue the proceedings without treating failure in itself as on admission of the allegation by the claimant and shall have the discretion to treat the right of the respondent to file such
statement of defense as having been forfeited.
85
If a party fails to appear at an oral hearing or to produce documentary evidence, Arbitrator may _____________
1) adjourn the Proceedings
2) terminate the Proceedings
3) continue the proceedings
continue the proceedings and make the arbitral award on the evidence before
it.
86
If so authorized by the parties or all the members of the arbitral tribunal, questions of procedure may be decided by _____________.
1) any arbitrator
2) the presiding arbitrator
presiding arbitrator
87
The statement of claim and defense under section 23 shall be completed within a period of _________ months from the date the arbitrator or all the arbitrators received notice, in writing of their appointment.
1) 1
2) 3
3) 6
4) 12
six months
88
The award in matters other than international commercial arbitration shall be made by the arbitral tribunal within a period of ___________ months from the date of completion of pleadings.
1) 1
2) 3
3) 6
4) 12
twelve months
89
Arbitration: While extending the period, if the Court finds that the proceedings have been delayed for the reasons attributable to the arbitral tribunal, it may order
1) reduction of fees of arbitrator(s)
2) substitute any or all arbitrators
3) dismiss arbitrator(s)
1 and 2
reduction of fees of arbitrator(s) by not exceeding five per cent for each month of such delay T/F
90
Arbitrator may use _______ during arbitral proceedings to encourage settlement
1) pleading
2) mediation
3) conciliation
4) consolation
2 and 3
mediation or conciliation
91
An Arbitration award on ______ shall have the same status and effect as any other arbitral award. T/F
1) settled terms
2) agreed terms
3) proposed terms
agreed terms
92
Arbitrator ______ (may/may not) make an interim arbitral award.
may make
93
Arbitration award shall carry interest at the rate of __ per cent higher than the
current rate of interest prevalent on the date of award
1) 1%
2) 2%
3) 3%
4) 4%
two percent
94
Arbitration: the general rule is that the unsuccessful party _______ (shall be/shall not be) ordered to pay the costs of the successful party.
shal be ordered
or the Court or arbitral tribunal may make a different order for reasons to be recorded in writing
95
The arbitral proceedings shall be terminated by _________
1) court proceedings
2) termination of arbitration
3) the final arbitration award
the Final Arbitration Award
96
In accounting, reconciliation is the process of ensuring that __________
1) two sets of records are related
2) two sets of records are in agreement
two sets of records are in agreement
97
A party, with notice to _________, may request the arbitral tribunal to correct
any computational error, any clerical or typographical errors or any other errors of similar nature occurring in the award
1) court
2) the other party
the other party
98
A party, with notice to the other party, may request the arbitral tribunal to give an interpretation of a specific point or part of the award. If the arbitral tribunal considers such request to be justified, it shall make the correction or give the interpretation within ________ days from the receipt of the request and the interpretation shall form part of the arbitral award.
1) 15
2) 30
3) 45
4) 60
thirty days
99
A party with notice to the other party may request, within ______ days from the receipt of the arbitral award, the arbitral tribunal to make an additional arbitral award as to claims presented in the arbitral proceedings but omitted from the arbitral award. If the arbitral tribunal considers such request to be justified, it shall make the additional arbitral award within ________ days from the receipt of such request
1) 15, 30
2) 30, 60
3) 45, 60
4) 60, 90
thirty days, sixty days
100
The arbitral tribunal may extend, if necessary, the period of time within which it shall
1) make a correction
2) give an interpretation
3) make an additional arbitral award
4) any of them
any of them
101
An arbitral award may be set aside by the Court only if__________
(a) The party making the application establishes on the basis of the record of the arbitral tribunal that—
(i) A party was under some incapacity; or
(ii) The arbitration agreement is not valid under the law
(iii) The party making the application was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iv) the arbitral award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration: or
(v) The composition of the arbitral Tribunal or the arbitral procedure was not in accordance with the agreement of the parties
102
An application for setting aside may not be made after__________ have elapsed
from the date on which the party making that application had received the arbitral award or the case is disposed.
If the Court is satisfied that the applicant was prevented by sufficient cause from making the application within the period of three months it may entertain the application within a further period of __________, but not thereafter
three months, thirty days
103
Where an application to set aside the arbitral award has been filed in the Court under section 34, the filing of such an application shall not by itself render that award unenforceable, unless ________
the Court grants an order of stay of the operation of the said arbitral award on a separate application made for that purpose
104
An arbitration agreement _____ (shall be / shall not be) discharged by the death of any party thereto either, but ________
An arbitration agreement shall not be discharged by the death of any party thereto either, but shall in such event be enforceable by or against the legal representative of the deceased
105
The arbitrator, the arbitral institution and the parties to the arbitration agreement shall maintain confidentiality of all arbitral proceedings except _____ where its disclosure is necessary
1) written proceedings
2) arbitration award
award
106
The party initiating conciliation shall send to the other party ______ to conciliate
1) a written invitation
2) an oral invitation
3) any othe above
a written invitation to conciliate.
107
Conciliation proceedings shall commence when _________
1) the other party accepts in writing the invitation to conciliate
2) the other party receives the written invitation to conciliate.
the other party accepts in writing the invitation to conciliate.
108
If the other party rejects the invitation for conciliation, _________
1) first party can proceed with conciliation
2) there will be no conciliation
proceedings
there will be no conciliation
proceedings.
109
If the party initiating conciliation does not receive a reply within _________ days from the date on which he sends the invitation, he may elect to treat this as a rejection of the invitation to conciliate
1) 15
2) 30
3) 45
4) 60
thirty days
110
The conciliator is not bound by Code of Civil Procedure or the Indian Evidence Act.
1) Code of Civil Procedure
2) The Indian Evidence Act
3) both
both
111
The conciliator may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals __________
1) should be in writing
2) need not be in writing
Such proposals need not be in writing and need not be accompanied by a statement of the reasons thereof
112
The settlement agreement shall have the same status and effect as if it is _______ on agreed terms on the substance of the dispute rendered by an arbitral Tribunal under section 30.
1) an arbitral award
2) a court order
an arbitral award
113
The conciliation proceedings shall be terminated
(a) by the signing of the settlement agreement by the parties on the date of agreement;
or
(b) by a written declaration of the conciliator, after consultation with the parties, to the effect that further efforts at conciliation are no longer justified, on the date of the declaration;
or
(c) by a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated, on the date of the declaration;
or
(d) 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, on the date of the declaration.
114
The parties _______(may/shall not) initiate, during the conciliation proceedings, any arbitral or judicial proceedings in respect of a dispute that is the subject-matter of the conciliation proceedings
shall not initiate
115
What are the objective of contract labour Act
A) To regulate the employment of Contract Labour in certain establishments
B) To provide for its abolishment in certain circumstances and for matters connected therewith.
C) Both A and B
D) None of the above
Both A and B
116
Which of the following entities the contract labour act applies to
A) To every establishment where 20 or more workmen are / were employed on any day of preceding 12 months as contract labour.
B) To every contractor who employs 20 or more workmen on any day of preceding 12 months as contract labour.
C) Both A and B
D) None of the above
Both A and B
117
What is appropriate Government under Contract labour Act.
A) Central Government
B) State Government
C) Village Panchyat
D) A and B
A and B
118
Who is principal Employer under Contract labour Act.
A) In r/o Govt.: Office / Department/ Local body , the head of the office or Department.
B) In a Factory: Owner or Occupier or a person named as Manager under Factories Act-1948.
C) In other establishments: Any person responsible for the supervision and control.
D) All of the above
All of the above
119
A person who rightfully rescinds a contract is ____ to compensation for any damage which he has sustained through the non-fulfillment of the contract
1) entitled
2) not entitled
entitled
120
The parties are free to determine the number of arbitrators, provided that
1) the number should be even
2) the number should not be even
the number should not be even.
(They can agree for a sole arbitrator also)
121
The parties may, at any stage either before or at the time of appointment of the arbitral tribunal, agree in writing to have their dispute resolved by fast track procedure which involves ___ number of arbitrators
arbitral tribunal shall consist of a sole arbitrator for resolution of dispute by fast track procedure.
The award under this section shall be made within a period of six months
122
The arbitral tribunal may dispense with any technical formalities, if an oral hearing is
held, and adopt such procedure as deemed appropriate for expeditious disposal of the case in fast track procedure
true
123
The award under 'fast track procedure' shall be made within a period of ___ months
1) 3
2) 6
3) 9
4) 12
six months
124
Where the time for making an application to set aside the arbitral award under section 34 has expired, the award shall be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court
filing an application for 'set aside' shall not by itself render that award unenforceable, unless the Court grants an order of stay of the operation of the said arbitral award on a separate application made for that purpose
