Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes17 February 2026
Identical to What Was Produced Endorsement
Notarised documents must bear an endorsement stating that they conform to the original. Documents certified on sight of a copy or photocopy, and those bearing an endorsement stating that they are identical to what was produced or words to that effect, are not accepted as valid in tenders. That endorsement may mean conformity with the copy submitted to the notary rather than comparison with the…
- GLOSSARY4734Tender Process Disputes17 February 2026
Conformity with the Original Endorsement
The mandatory notarial endorsement stating, in documents certified by a notary, that the document is identical to the original. Notarised documents must bear an endorsement stating that they conform to the original. Documents certified on sight of a copy or photocopy, and those bearing an endorsement stating that they are identical to what was produced or words to that effect, are not accepted as…
- GLOSSARY4734Tender Process Disputes17 February 2026
Original Seen by the Contracting Authority Endorsement
The endorsement placed by the contracting authority on a copy of a document, showing that the original has been seen, where the original of a document submitted by a tenderer or candidate is produced to the authority holding the tender before the tender or final application date. In practice the endorsement is expected to include the date, name and title, signature and, where possible, a seal or…
- GLOSSARY4734Tender Process Disputes17 February 2026
Prudent Trader
A real or legal person engaged in trade who is required to have the foresight demanded by their profession. Under the Turkish Commercial Code, the prudent business person standard is an objective standard requiring a trader to show reasonable foresight, care and diligence in its field of activity. Tenderers submitting tenders and contractors concluding contracts are expected to act as prudent…
- GLOSSARY4735Contract Disputes05 January 2026
Accreditation or Quality Competence Certificates of Laboratories and Inspection Bodies (Services)
Where measurement, testing, analysis, calibration or inspection outputs, such as reports, results or certificates, are to be produced in a tender, accreditation-based certificates showing that the technical competence and impartiality of the body producing that output have been verified by a nationally or internationally recognised system. The reason such certificates are required in public…
- GLOSSARY4734Tender Process Disputes05 January 2026
Service Competence Certificate
Certification showing that the service a workplace provides to consumers, and the place where the service is provided, comprising the facility, infrastructure and organisation, conform to the relevant Turkish Standard or to the criteria determined by the Turkish Standards Institution. The service competence certificate is a registered certificate of that Institution; no other institution or…
- GLOSSARY4734Tender Process Disputes05 January 2026
Environmental Management System Certificate
A certificate showing that an organisation has established an environmental management system to manage the environmental effects of its activities systematically, and that it operates mechanisms for legal compliance, risk management, target setting, monitoring and measurement, and continuous improvement. The principal purpose of requiring this standard is to lay down management system…
- GLOSSARY4734Tender Process Disputes05 January 2026
Quality Management System Certificate
A certificate showing that an organisation plans, implements, measures and continuously improves its service or production processes, that is, that it secures quality through a management system rather than by checking the final product or service. In practice, ISO 9001 and TS EN ISO 9001 form the backbone of the most common such certificates in public tenders. Under the procurement legislation…
- GLOSSARY4734Tender Process Disputes05 January 2026
Quality and Standard Certificates (Service Procurements)
Certificates showing that the service subject to the tender, or the organisation or facilities through which it is provided, is managed, produced or controlled in accordance with a particular national or international standard. In service procurement tenders, quality and standard certificates fall into four groups: quality management system certificates, environmental management system…
- GLOSSARY4734Tender Process Disputes05 January 2026
Conduct Contrary to Business and Professional Ethics
Business ethics determines the honest, fair and responsible forms of conduct with which real and legal persons must comply in business life. Professional ethics denotes the ethical principles with which members of a particular professional group must comply. Whether public contracting firms have acted honestly, reliably and responsibly in the public contracts they have performed is assessed…
- GLOSSARY4734Tender Process Disputes23 December 2025
Requests for Opinions (Requests for Opinions by the Public Procurement Authority)
In carrying out its duties, the Public Procurement Authority may request documents, information and opinions from all official and private institutions, organisations and persons. Those documents, information and opinions must be provided within the period requested, under Article 53 of the Public Procurement Law. Where it considers it necessary, the Authority may also seek the opinion of…
- GLOSSARY4734Tender Process Disputes18 December 2025
Depreciation Costs (Service Procurement Tenders)
Depreciation means the share of wear or loss of value in an item. The depreciation cost is the monetary amount within the tender price representing the wear that vehicles used during the contract period will undergo, in a service procurement tender. Tenderers falling below the threshold value may accordingly be required, according to the nature of the work subject to the tender, to explain…
- GLOSSARY4734Tender Process Disputes12 December 2025
Significant Tender Component (Vehicle Rental)
Under Article 38 of Public Procurement Law No. 4734, a significant tender component denotes the cost elements that make up the tender price, have an effect on cost and must be explained during the tender commission's assessment of an abnormally low tender. In vehicle rental tenders, the significant tender components are determined by the contracting authority having regard to the duration of the…
- GLOSSARY4734Tender Process Disputes12 December 2025
Accountability (Law No. 5018, Article 8)
Accountability means that those responsible and authorised in obtaining and using public resources of every kind are responsible for obtaining, using, accounting for and reporting those resources effectively, economically, efficiently and lawfully, and for taking the measures necessary to prevent their misuse, and are accountable to the authorities empowered to that end.
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Ensuring Environmental Impact Assessment Compliance (Law No. 4734, Article 5)
The principle of ensuring environmental impact assessment compliance is one of the fundamental principles of Law No. 4734. Contracting authorities are required, in works for which an environmental impact assessment report is required under the relevant legislation, to obtain a favourable assessment decision before launching the tender. This ensures that public authorities meet their requirements…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle That a Tender May Not Be Held for Work Without an Appropriation (Law No. 4734, Article 5)
An appropriation is the monetary amount allocated to contracting authorities from the budget to meet their requirements. The principle that a tender may not be held for work without an appropriation is one of the fundamental principles of Law No. 4734. Its purpose is to prevent contracting authorities from incurring expenditure beyond the appropriation given to them. Additional rules have also…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principal Tender Procedures (Law No. 4734, Article 5)
Public Procurement Law No. 4734 also lays down the principal tender procedures. In tenders held under the Law, the open procedure and the restricted procedure are the principal procedures. The other procedure, the negotiated procedure, may be used in the special cases specified in the Law. This principle is directly related to the principles of transparency, competition, equal treatment…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle That a Procurement May Not Be Divided into Parts in Order to Remain Below the Threshold Amounts
The threshold amount comprises the monetary limits determined each year for establishing the qualification criteria to be required in a tender, determining tender notice periods and the tender procedure, setting the monetary limits governing the participation of foreign tenderers, and assessing abnormally low tenders. Goods and service procurements and works may not be divided into parts in order…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle That Works Without an Acceptable Natural Connection May Not Be Tendered Together
The principle that goods, services and works between which there is no acceptable natural connection may not be tendered together is one of the fundamental principles of Law No. 4734 and is directly related to the principle of the efficient use of resources. It means that requirements between which there is no acceptable natural connection may not be procured together within the same tender. For…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of the Efficient Use of Resources (Law No. 4734, Article 5)
The efficient use of resources means balancing resource or input costs against expenditure or output costs in an organisation. It is one of the fundamental principles of Law No. 4734. It means that the contracting authority meets its requirements in the tender it holds by the most appropriate method and at the appropriate time, to a high standard and at the lowest cost. Administrative, financial…