Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Meeting Requirements on Appropriate Terms and in Good Time (Law No. 4734, Article 5)
Meeting requirements on appropriate terms and in good time means procuring the requirement at the most appropriate price at the time it is needed, so that the greatest benefit is obtained. It is one of the fundamental principles of Public Procurement Law No. 4734. Contracting authorities must therefore plan the tender, the preparation of the tender documents and the tender process so as to spend…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Public Scrutiny (Law No. 4734, Article 5)
Public scrutiny means the view and oversight of the public. In our country administrative acts are subject to public scrutiny in addition to legislative, judicial and administrative supervision. It is one of the fundamental principles of Law No. 4734. Under it, tender processes must be made available to the public, save for matters that must remain confidential, and tenders must, with certain…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Confidentiality (Law No. 4734, Article 5)
Confidentiality means that information and documents whose disclosure is prohibited by the legislation are not disclosed or given to unconnected persons in the procedures carried out by a contracting authority or its staff. It is one of the fundamental principles of Law No. 4734. Disclosing the estimated cost before the tender, or giving information concerning tenderers to others, is treated as…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Reliability (Law No. 4734, Article 5)
Reliability is the confidence placed in a person, institution or state of affairs without doubt. It is one of the fundamental principles of Law No. 4734. The principle of reliability is the positive view of the contracting authority that results from the administrative procedures in tender processes being impartial, lawful and consistent. Participation in the tenders of authorities acting in…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Equal Treatment (Law No. 4734, Article 5)
Equal treatment means that the authority holding public power acts without discrimination among equals, having regard to the public interest, and in accordance with objective criteria. It is one of the fundamental principles of Law No. 4734. Under it, contracting authorities and their staff may not favour tenderers during the tender process on grounds such as priority of interest, race, religion…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Competition (Law No. 4734, Article 5)
Competition means treating those competing under the objective criteria laid down equally and carrying out tender evaluations without discrimination. It is one of the fundamental principles of Law No. 4734. It denotes ensuring that tenderers can take part in the public procurement process and that, following an evaluation carried out without discrimination, the tender is awarded to the person…
- GLOSSARY4734Tender Process Disputes12 December 2025
Principle of Transparency (Law No. 4734, Article 5)
Transparency is one of the fundamental principles of Law No. 4734. It means that contracting authorities carry out their tender procedures openly to the public, save for procedures that must necessarily be confidential, such as the confidentiality of the estimated cost. To that end, save in compulsory situations, a tender notice must be published, the tender documents must be drawn up…
- GLOSSARY4735Contract Disputes12 December 2025
Principles (Law No. 4735)
The principles under Public Procurement Contracts Law No. 4735 are laid down in Article 4. Contracts drawn up under that Law may not contain provisions contrary to the conditions set out in the tender documents. Save in the cases specified in the Law, the terms of a contract may not be amended and no supplementary contract may be drawn up. The parties to public contracts concluded under the Law…
- GLOSSARY4734Tender Process Disputes28 November 2025
Log Records
Log records are records of information relating to transactions carried out in an information system, such as the identity of the party carrying out the transaction (user, IP address), the type of transaction, the start and end date and time, the service used and the volume of data transferred. In the procurement system, log records are the digital traces used to establish who did what, when, and…
- GLOSSARY4734Tender Process Disputes28 November 2025
Electronic Procurement Department
The Electronic Procurement Department is an official body operating within the Public Procurement Authority that provides technical support in relation to EKAP applications. It examines the difficulties experienced and the applications made by candidates, tenderers, prospective tenderers and contracting authorities in EKAP applications, and prepares technical reports for the Public Procurement…
- GLOSSARY4734Tender Process Disputes26 November 2025
Change of Company Type
A change of type is where a commercial company changes its type and is converted into another company form. In that case only the type changes; the legal personality continues unchanged, under Article 180 of the Turkish Commercial Code. In public procurement, a change of company type matters because of its effect on work experience, balance sheets, turnover and the validity of debarment…
- GLOSSARY4734Tender Process Disputes26 November 2025
Division of Companies
A division is a structural change by which a capital company or cooperative transfers part or all of its assets to other companies and acquires shares in the acquiring companies in return. A full division is a division in which all of the company's assets are transferred to other companies and the company being divided is dissolved. A partial division is a division in which one or more parts of…
- GLOSSARY4734Tender Process Disputes26 November 2025
Merger of Companies
A merger is a structural change by which the assets of one or more commercial companies are transferred as a whole to another company and the shareholders of the transferring company become shareholders in the acquiring company. A merger by acquisition is where a company continues in existence by acquiring the assets of another company or companies as a whole; the transferring company is…
- GLOSSARY4734Tender Process Disputes26 November 2025
Limited Liability Company
A limited liability company is a type of capital company established by one or more real or legal persons in which the partners are liable only to the extent of the capital they have undertaken, under Articles 573 to 579 of the Turkish Commercial Code. In tenders, limited liability companies are of particular importance by reason of matters such as the proportion of capital held, the transfer of…
- GLOSSARY4734Tender Process Disputes26 November 2025
Joint Stock Company
A joint stock company is a type of capital company whose capital is fixed and divided into shares, which is liable for its debts only with its assets, and whose shareholders are not liable beyond the capital they have undertaken, under Articles 329 and following of the Turkish Commercial Code. In tenders, the transfer of shares and the share ledger, the powers of the board of directors…
- GLOSSARY4734Tender Process Disputes26 November 2025
Capital Company
A capital company comprises joint stock companies, limited liability companies and partnerships limited by shares. It is a type of company in which the partners are as a rule liable only to the extent of the capital they have undertaken, under Article 124 of the Turkish Commercial Code. Companies participating in public tenders are mostly capital companies. Whether a company is a capital company…
- GLOSSARY4734Tender Process Disputes26 November 2025
Partnership Company
A partnership company, including general and limited partnerships, is a type of company in which the personal liability of the partners is to the fore and in which liability is in most cases unlimited and joint and several, under Article 124 of the Turkish Commercial Code. In public procurement, whether a company is a partnership company matters for the assessment of work experience certificates…
- GLOSSARY4735Contract Disputes26 November 2025
Defective Performance
Where a structure or goods do not conform to the contract, the technical specifications or the intended use. Defective performance is a form of performance contrary to the contract. In public procurement contracts, work carried out contrary to the tender documents is described as defective performance, and the contracting authority applies to the contractor the sanctions laid down in the tender…
- GLOSSARY4734Tender Process Disputes26 November 2025
Excessive Advantage (Laesio Enormis)
Excessive advantage is where there is a manifest imbalance between the obligations at the time a contract is concluded and that imbalance arises from one party taking advantage of the other's difficult position, thoughtlessness or inexperience. As public procurement contracts are concluded using standard contracts issued by the Public Procurement Authority, the question of excessive advantage…
- GLOSSARY4734Tender Process Disputes26 November 2025
Adaptation of the Contract (Collapse of the Basis of the Transaction)
The adaptation of a contract to new conditions by the court where, by reason of extraordinary causes arising after the contract was concluded, such as a pandemic, inflation or rises in exchange rates, the economic balance of the contract is disturbed intolerably to the detriment of one of the parties. Public procurement contracts are as a rule subject to the principle that they may not be…