Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes01 April 2026
Burden of Proof
The burden of proof is the responsibility of the party required to prove an assertion.
- GLOSSARY4734Tender Process Disputes01 April 2026
Proceedings for Annulment
Proceedings for annulment are proceedings brought for unlawful administrative acts to be set aside. Against acts by which a contracting authority cancels a tender of its own motion, proceedings for annulment are brought directly within the period.
- GLOSSARY4734Tender Process Disputes01 April 2026
Completion
Completion means, in general terms, finishing what is incomplete. In public procurement contracts, completion denotes the remedying of a deficiency where the work subject to the contract remains incomplete, half-finished or unfinished for any reason, so that the work is completed in accordance with the contract and the technical specifications. Particularly in works and services, where the work…
- GLOSSARY4734Tender Process Disputes01 April 2026
Substitution (Public Procurement Contracts)
Substitution denotes the replacement, with the approval of the contracting authority and in accordance with the terms of the contract, of the materials, equipment, vehicles, plant or work item provided for in the tender documents and the relevant legislation with another of the same or equivalent technical characteristics, including during performance and the inspection and acceptance stages. In…
- GLOSSARY4734Tender Process Disputes01 April 2026
The Element of Competence in an Administrative Act
The element of competence in an administrative act is the requirement that the act be carried out by the authority legally competent to do so. The requirement that debarment from tenders be imposed by the relevant minister or competent authorities constitutes the element of competence in an administrative act.
- GLOSSARY4734Tender Process Disputes01 April 2026
The Element of Form in an Administrative Act
The element of form in an administrative act is the requirement that the act be carried out in accordance with particular procedural and formal conditions. The carrying out of termination following a written notice of at least ten days to a contractor that has failed to perform the contract within the period constitutes the element of form in an administrative act.
- GLOSSARY4734Tender Process Disputes01 April 2026
Administrative Act
An administrative act is a legal act carried out by the administration by a unilateral declaration of will on the basis of public power. In procurement practice, the cancellation of a tender, a debarment decision and the termination of a contract are administrative acts.
- GLOSSARY4735Contract Disputes01 April 2026
Catering (Public Procurement Contracts)
In public procurement contracts, catering denotes the whole of the supply, procurement, preparation and service activities directed at meeting the food and drink requirements of personnel or of those benefiting from the service, within the scope of the service or goods procurement subject to the contract. Under Law No. 4735, the standard contracts and the General Specifications for Service Works…
- GLOSSARY4734Tender Process Disputes01 April 2026
Deceit (Public Procurement and Contracts)
Deceit is the element of the offence of obtaining an advantage by deceiving a person through deceitful conduct. For deceit to constitute an offence it must go beyond an ordinary lie and be capable of deceiving, being to some degree grave, intense and skilfully performed. According to the Court of Cassation, deceit must be of an intensity that neutralises the victim's opportunity to examine and…
- GLOSSARY4734Tender Process Disputes01 April 2026
Mandatory Period
A mandatory period is a period on the expiry of which the right is wholly extinguished. No application may be made once the application periods laid down in the procurement legislation have expired.
- GLOSSARY4735Contract Disputes01 April 2026
Termination
Termination is the bringing to an end, with effect for the future, of the contractual relationship under a public procurement contract subject to Public Procurement Contracts Law No. 4735, upon the occurrence of one of the grounds provided for in the Law, the general specifications or the contract. In public procurement law, termination is not merely an act ending the contract; it is also a…
- GLOSSARY4734Tender Process Disputes01 April 2026
Proceedings for Performance
Proceedings for performance are proceedings in which it is sought that the defendant be ordered to do or to refrain from doing an act, or to make or refrain from making a payment. In public procurement contracts, they are proceedings brought by one party against the other seeking performance of an obligation arising from the contract, such as payment of a progress payment, return of a security…
- GLOSSARY4734Tender Process Disputes01 April 2026
External Audit
External audit is the type of audit in which the procedures and expenditure of contracting authorities in public tenders and contracts are examined by audit bodies outside the authority from the standpoint of lawfulness, financial accuracy and the efficient use of resources.
- GLOSSARY4734Tender Process Disputes01 April 2026
Principal Employer
The public administration that, in work carried out under a public tender, owns the work and in fact manages its organisation, exercises the power of direction, management and supervision over the workers employed by the contractor acting as the subcontracting employer, and is therefore treated as the principal employer for the purposes of labour law.
- GLOSSARY4734Tender Process Disputes01 April 2026
Vehicle Rental Tender
A service tender in which contracting authorities meet their vehicle requirements, without acquiring ownership, by renting vehicles for a specified period and on specified conditions within the scope of a service procurement. In such tenders the contractor is obliged to supply the vehicles in accordance with the contract and the technical specifications, to keep them in working order and to…
- GLOSSARY4734Tender Process Disputes01 April 2026
Subcontracting Employer
The employment relationship in which a contractor that has undertaken work in a public tender employs workers to carry out that work and those workers are legally treated as its own; but in which, particularly in service procurements based on the employment of personnel, where the workers in fact work under the direction and management of the contracting authority, the authority is treated as the…
- GLOSSARY4734Tender Process Disputes01 April 2026
Ordinary Partnership
An ordinary partnership is a contractual form of partnership without legal personality formed by two or more real or legal persons in order to carry out a particular work together, under Article 620 of the Turkish Code of Obligations. In public procurement, an ordinary partnership is a joint venture formed by at least two members for a fixed period and by contract, represented by the lead member…
- GLOSSARY4734Tender Process Disputes17 March 2026
Procurement from a Sole Source in Fact (Direct Procurement)
The obligation to procure from a single real or legal person because it has been established that the requirement can be met only by that person, under Article 22(1)(a) of Law No. 4734.
- GLOSSARY4734Tender Process Disputes17 March 2026
Procurement Based on an Exclusive Right (Direct Procurement)
Procurement made directly from a single real or legal person because that person alone holds an exclusive right relating to the requirement, such as a patent, licence, copyright or trade mark right. That person holds the legal right of sale or production of the work procured, under Article 22(1)(b) of Law No. 4734.
- GLOSSARY4734Tender Process Disputes17 March 2026
Procurement for Compatibility and Standardisation (Direct Procurement)
A complementary procurement obtained from the person from whom the initial procurement was made, on the basis of the original contract, that is essential in order to ensure compatibility and standardisation with existing goods, equipment, technology or services, under Article 22(1)(c) of Law No. 4734. For such a procurement by direct procurement, the requirement must be a natural extension of the…