Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes17 March 2026
Stocktaking Surplus
Movable property found to be present on physical stocktaking although it is not in the contracting authority's inventory or records. This is shown separately in the movable property management account and the necessary entry is made. It may arise from acquisition outside a tender, incorrect recording, confusion over donations or transfers, or record-keeping errors in previous periods. Movable…
- GLOSSARY4734Tender Process Disputes16 March 2026
Market Price Survey
The market price survey is the examination carried out by the contracting authority, particularly in the direct procurement method, in order to determine the estimated cost or the procurement price by researching market prices for the work procured. Providing potential tenderers with documents containing detailed information about the work, such as the contract, the technical specifications and…
- GLOSSARY4734Tender Process Disputes16 March 2026
Procurement Within the Monetary Limit (Direct Procurement)
In direct procurements, procurement within the monetary limit is the possibility of carrying out by direct procurement those goods and service procurements and works that do not exceed the amounts updated each year by the Public Procurement Authority, under Article 22(1)(d) of Law No. 4734. This is the most frequently used form of direct procurement. Dividing a requirement into units, groups or…
- GLOSSARY4734Tender Process Disputes16 March 2026
Procurement from a Person Holding Exclusive Rights
The ground for direct procurement relied on where, for scientific, technical, intellectual, artistic or similar reasons and by reason of the protection of exclusive rights, the requirement can be met only by a particular real or legal person, under Article 22(1)(b) of Public Procurement Law No. 4734.
- GLOSSARY4734Tender Process Disputes16 March 2026
Pre-Qualification Assessment
The process by which, in the restricted procedure, the financial, technical and professional qualifications of candidates are examined and the candidates to be invited to submit tenders are determined, under Article 20 of Public Procurement Law No. 4734.
- GLOSSARY4734Tender Process Disputes16 March 2026
Approval Document (Direct Procurement Approval Document)
In direct procurements, the approval document is the document signed by the spending officer setting out the kind and nature of the work procured, the grounds for the procurement, any project number, the quantity, the estimated cost from the market price survey, the appropriation and its heading, and, where required, the conditions as to advance payments and price differences. It is the document…
- GLOSSARY4734Tender Process Disputes16 March 2026
Approval Document
The document submitted for the approval of the tender officer, together with the estimated cost calculation schedule for the work subject to the tender, the specifications, the draft contract, the technical specifications and the other documents, concerning the launching of a tender for the supply of the goods, the procurement of the service or the carrying out of the work required.
- GLOSSARY4734Tender Process Disputes16 March 2026
Member Responsible for Accounting or Financial Affairs
The member who must sit on the tender commission in order to review the financial legislation and budgetary aspects, and whose presence on the commission is compulsory.
- GLOSSARY4734Tender Process Disputes16 March 2026
Activity Contrary to Professional Ethics
Activity contrary to professional ethics is where, in the five-year period preceding the date of the tender, the tenderer has engaged in acts contrary to the rules of ethics and honesty in respect of the same contracting authority. Those found to have engaged in such conduct are excluded from the evaluation in the tender.
- GLOSSARY4735Financial Disputes16 March 2026
Partial Delay Penalty
A partial delay penalty is a delay penalty applied not on the whole of the work but only on the part that is delayed or not completed. Particularly in works for which partial acceptance is provided, it is based on taking the delayed part rather than the whole contract price as the reference.
- GLOSSARY4734Tender Process Disputes16 March 2026
Quality Assurance
Quality assurance is the body of activities that systematically create confidence that a product or service will continuously meet the quality requirements laid down. It consists not merely in detecting defects at final inspection, but in ensuring that processes, records, audits and the organisational structure reproduce quality.
- GLOSSARY4734Tender Process Disputes16 March 2026
Negotiated Procedure Without Notice
The negotiated procedure provided for in subparagraphs (b), (c) and (f) of Article 21 of Law No. 4734, carried out by inviting particular tenderers without publishing a tender notice.
- GLOSSARY4734Tender Process Disputes13 March 2026
Negotiated Procedure with Notice
The negotiated procedure provided for in subparagraphs (a), (d) and (e) of Article 21 of Law No. 4734, in which a tender notice is published and tenderers are invited. In this procedure the technical and financial tenders are negotiated at particular stages.
- GLOSSARY4734Tender Process Disputes13 March 2026
Service Standard
A service standard is a type of standard showing by what method, under what minimum rules and with what level of satisfaction a service is to be provided. In public service procurement contracts, the concept establishes the link between performance criteria and quality certificates.
- GLOSSARY4735Financial Disputes13 March 2026
Closing Progress Payment Certificate
A progress payment certificate issued, where a contract is terminated or liquidated, in order to determine the price of the manufacture carried out in accordance with the contract up to that date and to establish the parties' claims and debts within the liquidation account. Unlike an ordinary interim progress payment certificate, it is based not on the monthly progress of continuing work but on…
- GLOSSARY4734Tender Process Disputes13 March 2026
Announcement (Direct Procurement Announcement on EKAP)
In direct procurements, the announcement is the publication of information relating to the procurement through EKAP in the format determined by the Public Procurement Authority. Under the Communiqué the announcement is not compulsory; the contracting authority makes it if it wishes. Where it is made, however, at least twenty-four hours must be left between the date of the announcement and the…
- GLOSSARY4734Tender Process Disputes13 March 2026
Collusive Tender
A collusive tender is where the firms participating in a tender determine in advance among themselves the tender prices, the order of submission or the winner of the tender, with a view to eliminating competition.
- GLOSSARY4734Tender Process Disputes13 March 2026
Incomplete Information
Incomplete information means deficiencies that are not such as to alter the substance of the tender. Where documents contain incomplete information, tenderers are asked in writing to complete that information within the period determined by the contracting authority. Tenderers that do not complete the information within that period are excluded from the evaluation and their bid bonds are…
- GLOSSARY4734Tender Process Disputes13 March 2026
Minimum Stock Level
The minimum level of the materials required by the contracting authority. The authority must complete the necessary replenishment or procurement before that level is reached. The minimum stock level should generally be sufficient to meet the authority's requirements, having regard also to the possibility of delay in concluding a fresh contract or in allocation by higher authorities.
- GLOSSARY4734Tender Process Disputes13 March 2026
Odd Days
In service procurements based on the employment of personnel, the number of days making up the part of the contract period that cannot be expressed in whole months and that must be taken into account separately in calculating the labour cost. The total number of days to be worked in months in which work of less than thirty days is envisaged, including weekly rest days and public holidays, and the…