Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes18 April 2026
Reservation of Rights
A reservation of rights was a declaration showing that the contractor did not accept the content of a progress payment, book, record or document as it stood when signing it, and reserved its right to object. Following annulment decisions of the Council of State, however, the Public Procurement Board decided by its regulatory decisions of 16 August 2023 that the provisions on reservations of…
- GLOSSARY4734Tender Process Disputes18 April 2026
Abuse of Applications Relating to a Tender
The use by candidates, tenderers or prospective tenderers of the right of complaint or appeal conferred on them by Public Procurement Law No. 4734 with the aim of causing loss to the contracting authority holding the tender or to competing tenderers. Because such abuse results in delay to the tender or in its not being held, it also causes loss to the public purse. Against that possibility, the…
- GLOSSARY4734Debarment and Defence18 April 2026
Offering the Products of a Debarred Firm
The offering in a tender by another tenderer of the products of a debarred firm is not prevented by the procurement legislation. Under Article 11 of Law No. 4734, headed persons unable to participate in a tender, and Article 58, headed debarment from tenders, a tenderer that is not itself debarred from public tenders may offer goods for which the authorised dealer or manufacturing firm is…
- GLOSSARY4734Tender Process Disputes18 April 2026
Clarification of the Tender Documents
Clarification of the tender documents is where tenderers, during the preparation of their tenders, request clarification from the contracting authority in writing, up to twenty days before the date of the tender, on matters in the tender documents that they need clarified, and the authority provides a written clarification where it considers the request appropriate. The written clarification is…
- GLOSSARY4734Tender Process Disputes18 April 2026
Period for Complaint to the Contracting Authority
The period for complaint to the contracting authority is five calendar days for applications relating to tenders held under subparagraphs (b) and (c) of the first paragraph of Article 21 of the Law, and ten calendar days in other cases, from the day following the date on which the act or conduct complained of was, or should have been, discovered. However, complaints relating to the notice or to…
- GLOSSARY4734Tender Process Disputes18 April 2026
Complaint to the Contracting Authority (Electronic Complaint)
A complaint to the contracting authority is the application made to that authority through EKAP by candidates, tenderers or prospective tenderers alleging that the acts and conduct in the tender process are unlawful, under Article 4 of the Regulation on Applications Relating to Tenders.
- GLOSSARY4734Tender Process Disputes18 April 2026
The Contracting Authority's Duty of Cooperation
The contracting authority's obligation to do what is required, within the period and to the extent laid down in the tender documents, so that the contractor may carry out the work in good time and in accordance with the contract. The authority must perform within the period the obligations within its own control, such as handing over the site, providing and approving the projects and the work…
- GLOSSARY4735Contract Disputes18 April 2026
Extension of Time for Reasons Attributable to the Contracting Authority (Goods Procurements)
In goods procurements, an extension of time for reasons attributable to the contracting authority is possible where the authority fails to perform its obligations relating to the performance of the contract within the periods envisaged, without fault on the contractor's part, and delays for which the contractor is not responsible occur as a result, where that situation is such as to prevent…
- GLOSSARY4734Tender Process Disputes18 April 2026
Defective, Faulty and Incomplete Works (Works)
Where the construction supervision officer sees indications that the work carried out is incomplete, defective or faulty, or that the materials do not conform to the specifications, it notifies the contractor that the places considered necessary must be excavated or demolished and rebuilt so that those matters may be examined, both during performance and up to final acceptance. The examinations…
- GLOSSARY4734Tender Process Disputes18 April 2026
Defective, Faulty and Incomplete Works (Service Procurements)
In contracts for service works, where the supervision body finds indications that the work carried out is incomplete, defective or faulty, or that the materials do not conform to the specifications, it notifies the contractor of what it must do so that those matters may be examined, both during performance and up to acceptance. The examinations are carried out with the contractor or its…
- GLOSSARY4734Tender Process Disputes18 April 2026
Participation in Tenders by Persons Against Whom Criminal Proceedings Have Been Brought
The participation in tenders of persons against whom criminal proceedings have been brought is separately governed by the procurement legislation. Even where it is established after the undertaking has been completed and accepted, a criminal complaint is filed with the competent public prosecutor's office so that criminal proceedings may be brought under the Turkish Criminal Code against real or…
- GLOSSARY4734Tender Process Disputes18 April 2026
Confidentiality (Service Procurement Contracts)
Contractors performing service procurement contracts are responsible for keeping all information and documentation obtained in connection with the work private and confidential, and for not disclosing or publishing any detail of the contract without the prior written permission of the contracting authority. Subject to the decisions of the Turkish courts, where a disagreement arises as to the…
- GLOSSARY4735Contract Disputes18 April 2026
Latent Defect
A latent defect, unlike an apparent defect, is a defect that cannot be established at the first inspection and emerges subsequently. Examples include fabric procured subsequently changing colour, or it emerging later that the raw material differs from the specifications. Where latent defects are established, the contractor's liability continues; the defect must nevertheless be notified to the…
- GLOSSARY2886Public Real Estate18 April 2026
Revenue-Generating Tenders
Revenue-generating tenders are the sale, lease, easement, exchange and similar tenders held under State Procurement Law No. 2886 that generate revenue for the public purse.
- GLOSSARY4734Tender Process Disputes18 April 2026
Intellectual and Industrial Property Rights (Service Procurements)
In service procurements, intellectual and industrial property rights are governed by the contracting authority within the tender documents where considered necessary. The authority governs the intellectual and industrial rights in the products that are the subject of a service undertaken by the contractor, or created during or by reason of its performance, together with trade marks, patents…
- GLOSSARY4734Tender Process Disputes18 April 2026
Intellectual and Industrial Property Rights (Goods Procurements)
In goods procurements, intellectual and industrial property rights are governed by the contracting authority within the tender documents where considered necessary. The contractor pays the trade mark, patent, industrial design and utility model fees for the goods and assembly systems it supplies under the contract and for any part of them. Where a right protected under the relevant legislation is…
- GLOSSARY4735Contract Disputes18 April 2026
Steps to Be Taken on Termination (Goods Procurements)
Where a goods procurement contract is terminated, the contractor stops delivery and carries out the other instructions given by the contracting authority under the legislation and the contract. Where it performs the work at the authority's premises, it vacates them. At the authority's request it delivers, by a written record, the materials, vehicles, papers and documents given to it and the…
- GLOSSARY4734Tender Process Disputes18 April 2026
Completion of Incomplete Information
The completion by contracting authorities of incomplete information in documents means the completion at the authority's request of information deficiencies submitted by candidates and tenderers in a tender that do not affect the substance. Where any of the documents required to be submitted in the application or tender envelope under the tender documents, or of the annexes that must accompany…
- GLOSSARY4734Tender Process Disputes18 April 2026
EKAP Registration (Real or Legal Persons)
The registration of real or legal persons on EKAP takes place by following the processes determined by the Public Procurement Authority. Registration begins with the drawing up of a protocol through EKAP and its delivery to the Authority by post or by hand together with the documents required as annexes. That protocol also names the platform officers who will carry out the work and procedures on…
- GLOSSARY2886Public Real Estate18 April 2026
Determination and Assessment of Occupation Compensation
The process by which the public claim accrued retrospectively in respect of an occupied immovable property is determined by a specialist commission formed by the contracting authority. The occupation compensation claim is determined, assessed and calculated by a commission of three persons competent or specialised in valuation, for a period not exceeding five years back from the date of…