Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes09 March 2026
Abnormally Low Tender Explanation
The written explanation requested from tenderers whose tender price is found by the tender commission to be unusually low in relation to the other tenders or the estimated cost, so that they may explain the cost components making up their tender prices and the basis of their price advantage. In that explanation, tenderers must establish by documents and calculations that their tender prices are…
- GLOSSARY4734Tender Process Disputes09 March 2026
Demonstration Evaluation
An applied technical evaluation process carried out, particularly in tenders for the procurement of goods or devices whose technical characteristics must be tested by application or operation, so that it may be shown in practice and examined by the contracting authority whether the products offered by tenderers meet the criteria set out in the technical specifications. Tenderers may be required…
- GLOSSARY4734Tender Process Disputes06 March 2026
Risk of Corruption
The risk of corruption is the possibility of the improper use of public resources as a result of the restriction of competition and the weakening of supervisory mechanisms in tender processes. Negotiated procedures without notice, procurements within the scope of an exemption and direct procurements are regarded as forms of procurement carrying a high risk of corruption, because of the absence of…
- GLOSSARY4734Tender Process Disputes06 March 2026
Authorised Dealer Certificate
A document showing that the tenderer has been authorised by the manufacturer of the goods offered to sell, distribute or market those goods. The document must be drawn up in writing and certified by the manufacturing firm. It may also be given by a distributor authorised by the manufacturer. Where the document is not valid as at the date of the tender, this is a ground for exclusion from the…
- GLOSSARY4734Tender Process Disputes06 March 2026
Authorised Manufacturer Certificate
A qualification document comprising documents such as the capacity report or the manufacturing competence certificate, showing that the tenderer itself produces the goods offered or is authorised to carry out the production activity, under Article 38 of the Implementing Regulation on Goods Procurement Tenders. Such certificates must show that the tenderer produces the goods subject to the tender…
- GLOSSARY4734Tender Process Disputes06 March 2026
Commercial Undertaking
An undertaking in which independent and continuous economic activities are carried out, aimed at generating income in the free market and operating at a level exceeding the limits of a small trader. The real person who owns a commercial undertaking is treated as a trader and may participate in tenders as a real person tenderer.
- GLOSSARY4734Contract Disputes06 March 2026
Termination Procedures (Failure of the Contractor to Perform Its Undertaking)
Where the contractor fails to perform its undertaking in accordance with the tender documents or fails to complete the work within the contract period, the contract may be terminated. For termination, the contracting authority must establish the breach, give the contractor a period by notice, establish that the breach continues, and terminate the contract and apply the administrative sanctions of…
- GLOSSARY4734Contract Disputes06 March 2026
Invitation to Contract
The procedure by which the tenderer to whom the tender is awarded is called in writing by the contracting authority to sign the contract. The invitation must state the payment of the performance bond and the stamp duty, the submission of the documents specified in the Law, and the final date for signing the contract, under Article 42 of Law No. 4734. The successful tenderer must sign the contract…
- GLOSSARY4734Tender Process Disputes06 March 2026
Laboratory Service Procurement Against Results
A service procurement model in which laboratory tests are priced per test result and the devices, kits, maintenance and personnel are provided by the contractor. In such procurements the contractor produces results by providing the devices and kits, and the contracting authority pays per test result.
- GLOSSARY4734Tender Process Disputes06 March 2026
Restriction of Competition
The restriction of competition is where market access is left to particular economic operators as a result of participation in tender processes being limited. A concrete example is that public procurement open to competition has fallen below 40% as a result of the negotiated procedure becoming the ordinary tender method in recent years, according to the statistics of the Public Procurement…
- GLOSSARY4734Tender Process Disputes06 March 2026
Sub-Component of a Composite Analysis
The sub-input components contained in composite work items made up of a combination of more than one work item that must be made the subject of separate cost calculation. They are each of the cost inputs making up the composite work item, such as labour, plant, equipment, transport, energy, traffic safety, surveying and disposal costs; in other words, each cost element of the composite work item…
- GLOSSARY4734Tender Process Disputes06 March 2026
Composite Analysis
The type of analysis in which more than one work item or type of manufacture is combined under a single work item so as to form the basis of the estimated cost calculation. Under the procurement legislation, all cost elements contained in the analysis of work items for which an explanation is requested must be shown.
- GLOSSARY4734Tender Process Disputes06 March 2026
Composite Unit Price
A unit price determined on the total cost of a combined work item, without pricing its sub-components separately.
- GLOSSARY4734Tender Process Disputes06 March 2026
Supply of Devices Against Kits
The method by which, in return for the purchase of reagents, kits or consumables to be used in laboratory tests, the analysis devices in which those kits are used, such as blood count, biochemistry or microbiology analysers, are installed temporarily at the contracting authority by the contractor and kept in working order. In such procurements the authority does not purchase the device but the…
- GLOSSARY4734Tender Process Disputes06 March 2026
Procurement of Kits (Reagents)
The procurement of goods relating to the purchase of chemical or biological test kits used in laboratory analyses. The principal kits procured in public tenders are PCR, ELISA and biochemistry test kits and hormone analysis kits.
- GLOSSARY4734Tender Process Disputes06 March 2026
Public-Private Partnership Model
A long-term cooperation model in which all or part of the financing, construction, operation and maintenance of an investment or service having the character of a public service is undertaken by the private sector, and the sharing of risk between the parties is determined by contract. It is carried out by different methods, including build-operate-transfer, build-own-operate-transfer…
- GLOSSARY4734Tender Process Disputes05 March 2026
Document Evidencing Manufacturer Status
A document of an official character issued by public institutions showing that the tenderer itself produces the goods offered or is authorised to carry out the production activity, under Article 38 of the Implementing Regulation on Goods Procurement Tenders. The documents submitted in the tender must show that the tenderer produces the goods subject to the tender.
- GLOSSARY4735Contract Disputes05 March 2026
Notice of Termination
A notice of termination is the written notification made by the contracting authority under Article 20 of Public Procurement Contracts Law No. 4735, giving the contractor a period of at least ten days to remedy conduct contrary to the contract. The notice must set out the breaches clearly, give a period of at least ten days, and state that the contract will be terminated if the breach is not…
- GLOSSARY4734Tender Process Disputes05 March 2026
Incomplete Examination (Public Procurement Board)
Incomplete examination is where the Public Procurement Board rejects the claims raised in an appeal in general terms only, without assessing them concretely in their technical, financial or legal aspects, under Article 56(2) of the Public Procurement Law. In carrying out its duties on behalf of the Authority, the Board may request documents, information and opinions from all official and private…
- GLOSSARY4734Tender Process Disputes05 March 2026
Regulatory and Supervisory Authority (Public Procurement Authority)
Regulatory and supervisory authorities are bodies that maintain public order in the economic and administrative field by issuing secondary legislation and taking decisions. The Public Procurement Authority is one of them. It was established in 2002 and began operating in 2003, in order to supervise procedures in public procurement and to guide practice by issuing secondary legislation. It is also…