Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes18 April 2026
Appeal to the Public Procurement Authority (Electronic Appeal)
Appeals to the Public Procurement Authority are applications made through EKAP. The grounds for such an appeal are that the decision taken by the contracting authority upon a complaint made to it is not accepted, or that the authority does not take a decision within the period. An appeal may also be made directly to the Authority against decisions to cancel a tender taken by the contracting…
- GLOSSARY4734Tender Process Disputes18 April 2026
Tenders Involving Public Expenditure
Tenders involving public expenditure are tenders for goods, services and works procured on the market under Public Procurement Law No. 4734 for which public resources are expended.
- GLOSSARY4735Contract Disputes18 April 2026
Deficiencies Not Preventing Acceptance (Works)
In works, deficiencies not preventing acceptance are deficiencies that do not affect the use, safety or function of the work and whose total value does not exceed 5% of the contract price. In that case provisional acceptance may be carried out; an amount or security is nevertheless retained until the deficiencies are remedied.
- GLOSSARY4735Contract Disputes18 April 2026
Circumstances Preventing Acceptance (Works)
In works, circumstances preventing acceptance are the existence of deficiencies, defects or non-conformities that prevent provisional or final acceptance from being carried out. Deficiencies that prevent the use of the work, that give rise to danger, or that exceed the 5% limit are treated as preventing acceptance. In that case acceptance is not carried out and the contractor is given a period.
- GLOSSARY4735Contract Disputes18 April 2026
Liability for Errors and Defects After Acceptance (Goods Procurements)
Liability for errors and defects after acceptance rests with the contractor. Where fraudulent materials have been used in the goods or work delivered, the goods have not been manufactured in accordance with the technical requirements, or there are latent defects, the contracting authority requires the contractor to replace the goods with others conforming to the technical specifications, or to…
- GLOSSARY4735Contract Disputes18 April 2026
Delay in Handing Over the Site to the Contractor
Where there is a delay in handing over to the contractor the place where the work is to be carried out and that delay affects the timely completion of part or all of the work, the period of the work is extended for the relevant part or the whole so as to cover the delay.
- GLOSSARY4735Contract Disputes18 April 2026
Handover of the Site to the Contractor (Service Procurements)
The handover of the site to the contractor is the handing over to the contractor by the contracting authority of the place where the work specified in the contract is to be carried out, in accordance with the principles set out in the contract or its annexes. According to the nature of the work, the site may also be handed over to the contractor in parts, under Article 7 of the General…
- GLOSSARY4735Contract Disputes18 April 2026
Handover of the Site to the Contractor (Goods Procurements)
In goods procurements requiring assembly, the handover of the site to the contractor is where the contracting authority, after the contract has been signed and by a commencement letter, makes the place where the goods are to be assembled ready for the contractor's use and hands it over by a record showing its current condition. The authority may at any time change the place where the goods are to…
- GLOSSARY4734Tender Process Disputes18 April 2026
Change of Site (Works)
In works, a change of site is the alteration of the sites handed over to the contractor after the contract has been signed, in case of necessity, provided that the contract price is not exceeded and that the contracting authority and the contractor agree. In that case the costs of transporting the materials, vehicles and machinery brought to the work to the new site, and of moving and installing…
- GLOSSARY4734Tender Process Disputes18 April 2026
Change of Site (Service Procurements)
In service procurements, a change of site is the alteration by the contracting authority, out of necessity, of the sites handed over to the contractor after the contract has been signed. On a change of site the contractor transports the materials, vehicles and machinery brought to the site to the new site and moves and installs there the site buildings and facilities, if any, at the old site. The…
- GLOSSARY4734Tender Process Disputes18 April 2026
Business Licence (Definition in Procurement Law)
A business licence is a document in the nature of an administrative permit issued by the competent authority so that a workplace may operate, and showing conformity with the conditions of public order, health, safety and the environment. A workplace may not be opened without a licence, and where activities contrary to the licence are established, the authority may close it and apply sanctions…
- GLOSSARY4734Tender Process Disputes18 April 2026
Acceptance of Works with Deficiencies (Service Procurements)
Where, in the examination carried out for the acceptance of a service procurement, defects and deficiencies are found that cannot be remedied or would require a loss of time but that are technically unobjectionable, the work may be accepted as it stands, subject to the deduction from the contractor's progress payment or security of an appropriate amount determined having regard to the reduction…
- GLOSSARY4734Tender Process Disputes18 April 2026
Default of the Employer
Default of the employer is where, in tendered works, the contracting authority disrupts performance of the contract by failing to perform its own obligations or duties of cooperation in good time. Default arises in cases such as the authority failing to hand over the site, failing to prepare the necessary documents, failing to obtain administrative approvals, or failing to take delivery of the…
- GLOSSARY4735Contract Disputes18 April 2026
Submission of the Work Programme (Works)
In works, the work programme must be prepared by the contractor within fifteen days from the date on which the site was handed over, in accordance with the models given by the contracting authority, the payment conditions in the contract and the nature, technical characteristics and construction periods of the manufacture, and submitted to the authority for approval. Where the work programme is…
- GLOSSARY4735Contract Disputes18 April 2026
Submission of the Work Programme (Service Procurements)
In service procurements the duty of preparing the work programme rests with the contractor. As from the commencement date, and within the period laid down where the contract or its annexes so provide, the contractor draws up a detailed work programme for the works undertaken, in the form and with the detail required by the supervision body, and submits it for that body's approval. Where the…
- GLOSSARY4734Tender Process Disputes18 April 2026
Amendment of the Work Programme (Revised Work Programme)
Under public procurement contracts, the work programmes prepared by contractors and approved by the contracting authority may, in compelling circumstances, be amended with the authority's approval.
- GLOSSARY4734Tender Process Disputes18 April 2026
Work Programme (Service Procurements)
In service procurements, the work programme is the programme that the contractor prepares in detail, in the form required by the supervision body, setting out the works undertaken within the contract period as from the commencement date. Where the supervision body so requests, the work programme also contains a general explanation of the methods and arrangements that the contractor proposes to…
- GLOSSARY4734Tender Process Disputes18 April 2026
Work Programme (Goods Procurements)
In goods procurements, the work programme means the carrying out by the contractor's personnel of the delivery and assembly in accordance with the arrangements made in the delivery programme, which states the place where any assembly of the goods procured is to be carried out and the point at which work is to begin in accordance with the contracting authority's instructions. Where the authority…
- GLOSSARY4735Contract Disputes18 April 2026
Impossibility (Public Procurement Contracts)
There is no provision on impossibility in the conclusion of contracts under Public Procurement Contracts Law No. 4735. In order to resolve doubts that may arise in practice, however, the provisions of the Code of Obligations apply where the Law contains no provision on the calculation of the periods it lays down, under Article 36 of Law No. 4735. Impossibility is the extinction of an obligation…
- GLOSSARY4734Tender Process Disputes18 April 2026
Clearance Certificate
The certificate obtained from the Social Security Institution, once it has been established that the undertaking has been performed in accordance with the terms of the contract and the specifications and that the contractor has no debt to the contracting authority arising from the work, that enables half of the performance bond and any additional performance bond to be returned to the contractor…