Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes26 November 2025
Excessive Difficulty of Performance
Excessive difficulty of performance is where performance of an obligation becomes intolerable for the debtor under the rule of good faith by reason of unforeseeable extraordinary events arising after the conclusion of the contract. In the performance of public procurement contracts, contractors may bring proceedings seeking adaptation or termination in the context of unforeseeable rises in…
- GLOSSARY4735Contract Disputes26 November 2025
Penalty Clause
A penalty clause is a predetermined sum that the debtor undertakes to pay the creditor where a contractual obligation is not performed at all, is not performed properly, or is performed late. The delay penalties, penalties for breach and financial sanctions, and penalties claimed on termination of the contract provided for in Public Procurement Contracts Law No. 4735 and its secondary legislation…
- GLOSSARY4734Tender Process Disputes26 November 2025
Completion Works Tender
Completion works means works carried out to finish an existing structure. In public procurement, where the work subject to the contract cannot be completed for various reasons, such as termination or liquidation of the contract, the procedure by which the contracting authority holds a fresh tender and has the remaining part of the contract carried out by a different contractor is called a…
- GLOSSARY4734Tender Process Disputes01 November 2025
Consortium Declaration
The declaration that each member of a consortium participating in a tender must submit to the contracting authority, certified by a notary, before the contract is signed. It is drawn up as a standard form and contains information on the coordinating and other members. It states that the members have formed a partnership in order to submit a joint tender for the work and, if the tender is awarded…
- GLOSSARY4734Tender Process Disputes01 November 2025
Joint Venture Declaration
The declaration that each member of a joint venture participating in a tender must submit to the contracting authority, certified by a notary, before the contract is signed. It is drawn up as a standard form and contains information on the lead and other members. It states that the members have formed a partnership in order to submit a joint tender for the work and, if the tender is awarded to…
- GLOSSARY4734Tender Process Disputes01 November 2025
Archived Criminal Record
The archived form of the conviction information contained in the criminal record, kept by the Directorate General of Criminal Records and Statistics, once the conditions for deletion of those records have arisen. Even where the consequences of the sentence imposed by the courts have ceased, the State keeps that information in the archive and confidentially. The procurement legislation attaches…
- GLOSSARY4734Tender Process Disputes01 November 2025
Criminal Record
The official database kept by the Directorate General of Criminal Records and Statistics in which the judgments and sentences imposed on a person by final court decision are recorded. Individuals may access these records through the e-government portal.
- GLOSSARY4734Tender Process Disputes01 November 2025
Fraudulent Bankruptcy
Fraudulent bankruptcy is the deliberate bankruptcy of a trader or company manager with the intention of causing loss to creditors, or the bringing about of bankruptcy by fraudulent means. It is among the offences under the Turkish Criminal Code. Under that Code, a trader who causes loss to creditors by reducing or concealing assets, increasing debts, drawing up forged documents, falsifying or…
- GLOSSARY4734Tender Process Disputes01 November 2025
Bankruptcy
Bankruptcy is the process by which the whole of a debtor's assets are liquidated and distributed equally among creditors because the debtor is unable to pay its debts in full and when due. Bankruptcy generally applies to a trader or a capital company. The procurement legislation attaches legal consequences to bankruptcy.
- GLOSSARY4734Tender Process Disputes16 October 2025
Declaration of Composition with Creditors
Composition with creditors is a restructuring agreement, approved by the court, between a debtor that is unable to pay its debts or at risk of being unable to do so and its creditors. Its purpose is to enable the debtor to restore its financial balance without going into bankruptcy. The court may grant the debtor first a provisional and then a definitive moratorium. During those periods…
- GLOSSARY4734Tender Process Disputes10 October 2025
Signature of the Contract
The tenderer determined as having submitted the economically most advantageous tender is invited to contract through EKAP. The documents to be submitted before the contract is signed are sent by the tenderer through EKAP, signed with an electronic signature, within ten days following the date of service of the invitation letter, with twelve days added to that period for foreign tenderers. Those…
- GLOSSARY4734Tender Process Disputes10 October 2025
Electronic Tendering
The procedures and principles for carrying out through the Electronic Public Procurement Platform the procedures in tenders, direct procurements and the related contract processes under Public Procurement Law No. 4734 or within the scope of an exemption are laid down in the Implementing Regulation on the Electronic Conduct of Public Procurement.
- GLOSSARY4734Tender Process Disputes10 October 2025
Registration of Direct Procurements on EKAP
Procurements carried out by direct procurement must be recorded on EKAP and given a registration number, and information on the result must be notified to the Authority by the tenth day of the month following that in which the procurement was made at the latest. In such procurements, the procedures determined by the Authority relating to the approval document, the market price survey, the notice…
- GLOSSARY4734Tender Process Disputes10 October 2025
Registration of Exempt Procurements on EKAP
Tenders within the scope of an exemption must be recorded on EKAP and given a registration number, a debarment check must be carried out for the successful tenderer, and the result notified to the Public Procurement Authority within fifteen days. The procedures determined by the Authority relating to the approval document, the estimated cost, the notice or invitation, the uploading of the tender…
- GLOSSARY4734Tender Process Disputes10 October 2025
Sample or Demonstration Evaluation
In tenders where a sample or demonstration is required, the evaluation is carried out for the tenders expected to rank first and second as the economically most advantageous. The tenders of tenderers that fail to fulfil their obligations relating to the sample or demonstration procedures are excluded from the evaluation and their bid bonds are forfeited. Failure to fulfil those obligations, and…
- GLOSSARY4734Tender Process Disputes10 October 2025
Abnormally Low Tender
In service and works tenders, tenders falling below the threshold value. In goods procurement tenders, tenders found abnormally low in relation to the other tenders or the estimated cost determined by the contracting authority. Abnormally low tenders are subject to inquiry by the contracting authority, provided this is specified in the tender documents. The authority carries out the inquiry…
- GLOSSARY4734Tender Process Disputes10 October 2025
Opening of Electronic Tenders
Tenders are opened on EKAP by the tender commission at the date and hour of the tender. The amount of the estimated cost, the tenderers and the tender prices are made available to tenderers. At the first session, it is checked whether the tenderers' bid bonds are in order, whether they are debarred from participating in tenders as at the date of the tender, and whether they have any finalised tax…
- GLOSSARY4734Tender Process Disputes10 October 2025
Preparation and Submission of Electronic Tenders
An electronic tender is a tender prepared through EKAP by the tenderer or by persons authorised by it and signed with an electronic signature. Electronic tenders are used to submit applications and tenders. They are prepared using the application or tender letter, the participation document created on the basis of the provisions of the administrative specifications, and the other annexes, and are…
- GLOSSARY4734Tender Process Disputes10 October 2025
The Contracting Authority's Preparatory Procedures
The tender procedure must be carried out by the contracting authorities within the scope of Law No. 4734 to which an appropriation is allocated or which are appointed to hold the tender. The estimated cost of the work subject to the tender is prepared on EKAP, having regard also to the technical characteristics of the work. Information and documents underlying prices or current market rates that…
- GLOSSARY4734Tender Process Disputes10 October 2025
Notification (Notification Procedures Carried Out Through EKAP)
All procedures relating to tenders are carried out through EKAP. Notification through EKAP is made on working days between 09.00 and 18.00, and between 09.00 and 13.00 on half working days. Notifications sent outside those hours are delivered to the recipients' notification box on EKAP on the first working day following the date of recording. The date on which the notification reaches the…