Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes05 March 2026
Standing to Apply
Standing to apply is the entitlement of candidates, tenderers and prospective tenderers to apply to the contracting authority or the Public Procurement Authority against unlawful acts in the tender process, under Articles 54 to 57 of the Public Procurement Law.
- GLOSSARY4734Tender Process Disputes05 March 2026
Vehicle Authorisation Certificates
An official permit issued by the Ministry of Transport and Infrastructure to real or legal persons that will carry out commercial or private transport activities by road, determining their field of activity, under the Road Transport Law and the Road Transport Regulation. Road transport activities may not be carried out without an authorisation certificate, and a separate certificate is required…
- GLOSSARY4734Debarment and Defence17 February 2026
Indication (Prohibited Acts or Conduct)
An indication is a sign. In procurement law, indications are the acts of a tenderer or tenderers that show that an offence has been committed, in establishing prohibited acts or conduct. In legal usage an indication has the character of a sign or a rebuttable presumption; it is not conclusive proof in itself but a factor prompting examination and assessment. For example, the submission of tenders…
- GLOSSARY4734Tender Process Disputes17 February 2026
A Low Rate of Reduction
A low rate of reduction is where the prices achieved in a tender are close to the estimated cost. The rate of reduction achieved in a tender varies according to the procedure, type, place and conditions of the procurement. Average rates of reduction are determined in the statistics published each year by the Public Procurement Authority. Contracting authorities may compare those statistics…
- GLOSSARY4734Tender Process Disputes17 February 2026
Sole Valid Tender (In Electronic Tenders)
A sole valid tender is where, as a result of the elimination of the other tenders submitted for various reasons, a single tender submitted in accordance with the tender documents remains. In such situations contracting authorities have a discretion to decide to cancel the tender, having assessed competition and the efficient use of resources.
- GLOSSARY4734Tender Process Disputes17 February 2026
Supporting Document (In Electronic Tenders)
In electronic tenders, documents submitted at the request of the contracting authority in order to prove the accuracy of information and documents that are declared but cannot be accessed through EKAP, and that support the declaration.
- GLOSSARY4734Tender Process Disputes17 February 2026
Principle of Proportionality (In the Tender Process)
The principle of proportionality is a principle of administrative law expressing that a sanction applied in the tender process must be proportionate to the gravity of the obligation breached. Proportionality is assessed together with its constituent elements of suitability, necessity and proportionality in the narrow sense.
- GLOSSARY4734Tender Process Disputes17 February 2026
Principle of Specificity (In Procurement Sanctions)
The principle of specificity is a rule of law expressing that, in procurement law, sanctions may be applied only in respect of acts expressly defined in the legislation. Under it, debarment from tenders or the forfeiture of security by reason of an act not provided for in the legislation is unlawful. For example, where an abnormally low tender explanation is not submitted, the tender may be…
- GLOSSARY4734Tender Process Disputes17 February 2026
Paper Partner
A term for persons taken into capital companies that do not hold suitable qualifications as partners, on condition that their work experience or graduation certificates are used. Such a partnership on paper nevertheless entails administrative, financial and criminal responsibility.
- GLOSSARY4734Tender Process Disputes17 February 2026
Bag Carrier (Colloquial)
A person who, without any intention of participating in a tender or concluding a contract, obtains an advantage from other tenderers in return for not submitting a tender. Such conduct constitutes an offence under Article 235 of the Turkish Criminal Code. The duty of contracting authorities is nevertheless to act on concrete evidence and within the limits permitted by the legislation.
- GLOSSARY4734Tender Process Disputes17 February 2026
Shell Firm (Colloquial)
A colloquial term for firms established temporarily and without continuity. It is used to describe the participation in a tender, with a view to obtaining an unlawful gain, of persons who do not have the capacity to participate in a tender or to conclude a contract. Such firms may seek to win the tender at a low price and carry out the work to the lowest standard in order to obtain a work…
- GLOSSARY4734Tender Process Disputes17 February 2026
Concerted Action (Agreement Between Tenderers)
Concerted action is the submission of tenders by tenderers participating in the same tender in a deliberate and coordinated manner with a view to influencing the outcome. It is assessed within the scope of the prohibited acts or conduct under Law No. 4734. The submission of tenders by tenderers from the same IP address in the same tender may constitute an indication that this offence has been…
- GLOSSARY4734Tender Process Disputes17 February 2026
Registry Monitoring Department
The unit of the Public Procurement Authority that conducts the EKAP registration processes for work experience certificates obtained in respect of works carried out abroad. Its role is principally one of registration and process management; the power of substantive assessment specific to a tender remains as a rule with the tender commissions.
- GLOSSARY4734Tender Process Disputes17 February 2026
Registration Certificate (Works)
The certificate given to the applicant by the Public Procurement Authority when the EKAP registration procedure is completed, upon an application to the Authority relating to a work completion certificate and its annexes obtained in respect of works carried out abroad. It attests that the work experience certificate has been recorded on EKAP because it was submitted in accordance with Article 31…
- GLOSSARY4734Tender Process Disputes17 February 2026
Underlying Contract (Works)
The document showing the contract on the basis of which an overseas work experience certificate was issued. The application form must be accompanied by the work experience certificate to be registered, the underlying contract certified by a notary as conforming to the original, the acceptance records, and the documents of representation showing authority to apply. It is expected to be submitted…
- GLOSSARY4734Tender Process Disputes17 February 2026
Application Form (EKAP Registration)
The application form completed by the holder of a certificate for the registration on EKAP of a work completion certificate and its annexes relating to works carried out abroad. It is called the application form for the registration of work experience certificates relating to works carried out in foreign countries. Registration applications are made by certificate holders or their authorised…
- GLOSSARY4734Tender Process Disputes17 February 2026
Registration of a Work Completion Certificate on EKAP for Information (Works)
The recording on EKAP, for information purposes, of the formal conformity of overseas work experience certificates. The power of tender commissions to examine the certificate on the substance nevertheless continues.
- GLOSSARY4734Tender Process Disputes17 February 2026
Overseas Work Completion Certificate (Works)
A work completion certificate drawn up under the legislation of the country where the work was carried out, for overseas works based on a single contract and not undertaken for institutions competent to issue certificates. The fact that the work is based on a single contract is decisive for the clear traceability of the price and scope, and the certificate is expected to be consistent with any…
- GLOSSARY4734Tender Process Disputes17 February 2026
Chain of Certification
The verification process, comprising apostille, consular and/or Ministry of Foreign Affairs certifications, that must be followed so that a document or translation drawn up in a foreign country may be regarded as valid in Türkiye. The chain of certification varies according to the country in which and the person by whom the document was drawn up. Applying the wrong chain results in the document…
- GLOSSARY4734Tender Process Disputes17 February 2026
Apostille Certification
The certification applied so that official documents drawn up in countries party to the Hague Apostille Convention may be valid in another country. The apostille does not verify the content of the document; it confirms that the signature or seal on it comes from a competent authority. As a rule it applies to public documents; private law documents must generally first be given the character of…