Glossary
Search a term and see its short definition, legal basis and related decisions. Only lawyer-approved English entries are published.
- GLOSSARY4734Debarment and Defence08 September 2026
Appeal to the Public Procurement Authority
An application made to the Public Procurement Authority following a complaint made to the contracting authority.
- GLOSSARY4734Debarment and Defence08 September 2026
Abnormally Low Tender
A tender falling below the threshold value and requiring an explanation to be requested.
- GLOSSARY4734Debarment and Defence08 September 2026
Debarment
Debarment from participation in tenders is the prevention of participation in public tenders for a specified period.
- GLOSSARYTender Process Disputes17 July 2026
Artificial Intelligence in Procurement and Contract Law Practice
Artificial intelligence denotes digital systems capable of producing predictions, content, recommendations or decisions within the objectives entered into the system by users or inferred by the system. The definition accepted by the OECD describes an artificial intelligence system as a machine-based system that infers, from the inputs it receives, how to generate outputs such as predictions…
- GLOSSARYTender Process Disputes17 July 2026
Tender Engineering
Tender engineering is the work of examining the notice and the tender documents in a public tender in which a firm is considering participating, in their technical, financial, administrative and legal aspects, so that a feasible tender complying with the legislation may be prepared. A tender engineer is the person who carries out that work, assessing together the quantities, technical…
- GLOSSARYTender Process Disputes17 July 2026
Contract Management Advice (Under Law No. 4735)
Contract management advice is the service of examination, giving opinions, warnings, preparing documents and monitoring the work provided in order to assist the contractor firm in the proper performance of a goods, service or works contract signed under Public Procurement Contracts Law No. 4735 following a tender held under Law No. 4734. There is no separately defined office or duty of that name…
- GLOSSARYTender Process Disputes17 July 2026
Contract Management (Management of Public Procurement Contracts by Firms)
Contract management is the planned monitoring by the firm that wins a public tender of all its obligations, rights and claims, from the conclusion of the contract to the provisional and final acceptance of the work, the drawing up of the final account and the return of the securities. It means not merely delivering the goods, performing the service or completing the works: it covers the…
- GLOSSARYTender Process Disputes17 July 2026
Audit Finding of the Court of Accounts
An audit finding of the Court of Accounts is the written determination, made as a result of an examination by the Court of Accounts or the competent audit units, that there is a breach of the legislation, a deficiency or a defective practice in a public administration's tender, contract, expenditure, accounting, inspection, acceptance, progress payment or delivery procedures. The finding shows in…
- GLOSSARYTender Process Disputes17 July 2026
Distortion of Competition (Creation of Artificial Competition)
Distortion of competition, or the creation of artificial competition, is where independent and free competition is in fact weakened, although it appears that several tenders have been submitted, that different firms are competing, or that the price was formed under market conditions. This may arise where firms act in concert, where tenders are aligned in advance, where participation is increased…
- GLOSSARYTender Process Disputes17 July 2026
Procurement Above the Current Market Price
Procurement above the current market price is where goods, a service or works are procured for or carried out for a public administration at a price higher than the ordinary market value at the date of the procurement. The current market price denotes the valid price formed in the market for identical or similar work, goods or services. Regard is therefore had not only to the amount on the…
- GLOSSARYTender Process Disputes17 July 2026
Conviction Relating to Professional Activity
A conviction relating to professional activity means the restriction of participation in tenders and the conclusion of contracts by persons convicted by judicial decision by reason of their professional activities. Subparagraph (e) of the fourth paragraph of Article 10 of Law No. 4734 provides that tenderers convicted by judicial decision by reason of their professional activities within the five…
- GLOSSARYTender Process Disputes17 July 2026
Proceedings for Compensation in Public Procurement Contracts
Proceedings for compensation in public procurement contracts are proceedings brought for the compensation of pecuniary loss arising because the public procurement contract signed following a tender held under Law No. 4734 has not been performed at all, has been performed late, or has not been performed properly. Such proceedings concern the claiming from the other party of loss arising from…
- GLOSSARYTender Process Disputes17 July 2026
Proceedings Against a Decision of the Public Procurement Board
Proceedings against a decision of the Public Procurement Board are the judicial remedy commencing with the bringing of proceedings for annulment before the Ankara administrative courts where a final decision of the Board is considered unlawful. The process begins with notification of the Board's decision, and the application must state clearly in what respects the decision is unlawful. Under…
- GLOSSARYTender Process Disputes17 July 2026
Bringing Proceedings Against a Decision of the Public Procurement Board (Administrative Proceedings)
Bringing proceedings against a decision of the Public Procurement Board means bringing proceedings for annulment before an administrative court on the ground that the final Board decision, in particular one given upon an appeal, is unlawful. The Board is the organ that determines appeals under Law No. 4734. Its decisions may therefore be made the subject of judicial review by a tenderer…
- GLOSSARYTender Process Disputes17 July 2026
Tenders in Which Former Public Officials May Not Participate (Laws No. 4734 and No. 2531)
The tenders in which former public officials may not participate are determined under Laws No. 4734 and No. 2531. A temporary restriction on participation is imposed in order to prevent persons who have served in particular public institutions and organisations from undertaking public work, after leaving office, by using the knowledge, powers, relationships or influence arising from their former…
- GLOSSARYTender Process Disputes17 July 2026
Quality and Standard Certificates (Goods Procurements)
Quality and standard certificates are documents showing that the goods offered in a goods procurement tender conform to a particular Turkish Standard, an equivalent international standard, a quality management system, a product safety rule or a condition for placing on the market. They serve to prove the technical characteristics of the product, the production or supply process, and its…
- GLOSSARYTender Process Disputes17 July 2026
Tender Risk Analysis
Tender risk analysis is where a firm, before submitting a tender, examines together the tender notice, the administrative specifications, the technical specifications, the draft contract, the qualification criteria, the pricing provisions and the available remedies, and identifies in advance the points that may give rise to a loss of rights. In addition to calculating the tender price, that…
- GLOSSARYPublic Real Estate17 July 2026
Preparation and Planning Before a Tender (For Sale, Lease and Easement Tenders)
The preparation or planning that contracting authorities must carry out before a tender under Law No. 2886 is the preliminary stage in which the legal status of the immovable property, the power of disposal, the purpose of use, the tender procedure, the estimated price, the bid bond, the specifications, the notice period, the contract conditions and the approval procedures are addressed together…
- GLOSSARYTender Process Disputes16 July 2026
Preparation and Planning Before a Tender (For Procurements by Contracting Authorities)
Preparation and planning before a tender for procurements by contracting authorities is the process by which a public administration correctly determines its requirement, verifies the appropriation, chooses the appropriate tender procedure, prepares the estimated cost with its supporting basis, and brings the tender documents into conformity with the legislation before the notice or invitation…
- GLOSSARYTender Process Disputes16 July 2026
Preparation and Planning Before a Tender (For Firms)
Preparation and planning before a tender is the preliminary work carried out by a firm from the moment it sees the notice until the tender is submitted and, where necessary, until the complaint stage and the invitation to contract. That work consists in downloading the tender documents and reading together the administrative specifications, the technical specifications, the draft contract, the…