Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY2886Public Real Estate18 April 2026
Occupation Compensation Notice
An occupation compensation notice is the administrative act by which the occupation compensation debt is notified to an unlawful occupier. The legal process begins in fact upon service of the notice.
- GLOSSARY4735Contract Disputes18 April 2026
Natural Disasters
A natural disaster is where an event originating in nature obstructs matters in a manner harmful to human life and relations. Its first characteristic is that it originates in natural events. Natural disasters may arise from geological or meteorological events, such as earthquakes, landslides, floods and avalanches. In the performance of a contract, natural disasters are accepted as one of the…
- GLOSSARY4734Contract Disputes18 April 2026
Employment of Subcontractors (Works)
The contractual practice by which, under a service or works contract, the contractor has particular parts of the work requiring expertise carried out by third parties, with the approval and under the supervision of the contracting authority, on the basis that such transfer may not cover the whole of the work and that all responsibility remains with the contractor. Where the tender documents…
- GLOSSARY4734Contract Disputes18 April 2026
Employment of Subcontractors (Service Procurements)
The contractual practice by which, under a service or works contract, the contractor has particular parts of the work requiring expertise carried out by third parties, with the approval and under the supervision of the contracting authority, on the basis that such transfer may not cover the whole of the work and that all responsibility remains with the contractor. Where such employment is subject…
- GLOSSARY4735Contract Disputes18 April 2026
Apparent Defect
An apparent defect, unlike a latent defect, is a defect that can be established visually during inspection. Examples include fabric procured being torn or its dimensions being contrary to the specifications. Where apparent defects are established, they must be notified to the contractor.
- GLOSSARY2886Debarment and Defence18 April 2026
Debarment Under Law No. 2886
Debarment under State Procurement Law No. 2886 is imposed under Article 84 of that Law. Decisions on temporary debarment from participation in tenders published in the Official Gazette take the form either of debarment from the tenders of the institution or organisation taking the decision, or of debarment from all tenders held under the Law. Debarment decisions taken by contracting authorities…
- GLOSSARY2886Debarment and Defence18 April 2026
Prohibited Acts and Conduct Under Law No. 2886
During the preparation, conduct and conclusion of tender procedures under State Procurement Law No. 2886: rigging or attempting to rig the procedures of the tender by deceit, trickery, promises, threats, the use of influence, the obtaining of an advantage or other means; in tenders held under the open tender or negotiated procedure, speaking so as to create doubt among tenderers or discourage…
- GLOSSARY4734Tender Process Disputes01 April 2026
Review of Expediency
Review of expediency is the type of review that assesses whether the decisions and acts of the administration in tender and contract processes are consistent with the public interest.
- GLOSSARY4734Tender Process Disputes01 April 2026
Trade Registry Gazette
The Trade Registry Gazette is the publication in which matters such as the formation, shareholding structure, persons authorised to represent and bind, and capital of companies registered in the trade registry under the Turkish Commercial Code are officially announced, and which produces legal effects. For public procurement it is the principal document evidencing a tenderer's legal personality…
- GLOSSARY4734Tender Process Disputes01 April 2026
Reduction
A reduction is the rate of discount offered by a tenderer in a tender by reference to the estimated cost or the estimate determined by the contracting authority. Under Law No. 2886 it has the character of a method of tendering, whereas in the application of Law No. 4734 it denotes the extent to which the tender price is lower than the estimated cost.
- GLOSSARY4734Tender Process Disputes01 April 2026
Default
Default is where the debtor fails to perform its obligation in good time.
- GLOSSARY4734Tender Process Disputes01 April 2026
Proceedings for Compensation (in Public Procurement Contracts)
Proceedings for compensation are the type of proceedings brought in public tenders and public procurement contracts for the compensation of pecuniary loss arising from an unlawful act or decision or from a breach of contract.
- GLOSSARY4734Tender Process Disputes01 April 2026
Full Remedy Proceedings
Full remedy proceedings are proceedings brought for the compensation of loss arising from the acts or conduct of the administration. In the public procurement contract process, they are brought in respect of loss suffered by the parties before the courts specified in the tender documents.
- GLOSSARY4735Contract Disputes01 April 2026
Termination of the Contract by Operation of Events
The termination of a contract is the extinction of the obligation relationship for various reasons. Public procurement contracts come to an end where the contracting authority terminates the contract unilaterally, where performance becomes impossible, or where the contract is liquidated on grounds of force majeure or statutory requirements.
- GLOSSARY4734Tender Process Disputes01 April 2026
Reciprocity (Public Tenders)
Reciprocity is the principle by which the participation and competition opportunities to be afforded to foreign tenderers in public tenders are determined by reference to the rights that the State to which those tenderers belong affords to Turkish tenderers. It is an auxiliary principle taken into account in particular when limiting foreign participation or interpreting provisions in favour of…
- GLOSSARY4735Contract Disputes01 April 2026
Building Contractor
A building contractor is a real or legal person that undertakes the work by signing a contract with the contracting authority under Public Procurement Contracts Law No. 4735. In the legislation the term contractor is mostly used. In procurement law, a building contractor is the party to the contract that undertakes to carry out the works for a specified price within the scope of the contract and…
- GLOSSARY2886Public Real Estate01 April 2026
Estimated Price (Public Tenders)
The estimated price is the price estimated by the contracting authority before the tender that determines the financial limit of the tender. Under State Procurement Law No. 2886 in particular, the rate of the bid bond, the notice and the tender procedure are determined by reference to it. In tenders under Public Procurement Law No. 4734, by contrast, the term estimated cost is used instead. The…
- GLOSSARY4734Tender Process Disputes01 April 2026
Infringement of Interest
Infringement of interest is where an act affects a personal, legitimate and current interest. In tendered works, whether there has been an infringement of interest is examined in applications to the contracting authority or the Public Procurement Authority.
- GLOSSARY4734Tender Process Disputes01 April 2026
Intent (Public Procurement and Contracts)
In public procurement practice, intent is significant in the context of rigging a tender or the performance of an obligation, the use of forged documents, engaging in prohibited acts and conduct, and deliberate acts directed at deceiving the contracting authority. Intent differs from simple error, carelessness or technical inadequacy. The perpetrator either desires the unlawful result or accepts…
- GLOSSARY4734Tender Process Disputes01 April 2026
Settled Board Decisions
Settled Board decisions are where the Public Procurement Board consistently gives the same decisions on the same subjects. Settled decisions standardise the decisions of contracting authorities in the procurement system and increase their reliability.