Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes22 October 2024
Public Economic Institution
A public economic enterprise whose founding capital belongs entirely to the State, established to produce and market monopoly goods and basic goods and services, and in which the character of a public service predominates.
- GLOSSARY4734Tender Process Disputes22 October 2024
Addendum
The amendments made by the contracting authority to the tender documents before the tender, and the document evidencing them, where errors or deficiencies in the tender documents capable of affecting the tender process are notified in writing by tenderers or identified by the authority itself after the notice has been published.
- GLOSSARY4734Tender Process Disputes22 October 2024
High Technical Board
The High Technical Board is competent to examine contractual disputes concerning inconsistencies between the documents making up the tender documents, disagreements over the work programme, provisional and final acceptance procedures, penalties applicable in the event of delay, additional works that may be ordered and reductions in the scope of work, in the performance of contracts for works and…
- GLOSSARY4735Contract Disputes22 October 2024
Termination of the Contract by the Contractor
Where, during the contract process and other than in cases of force majeure, the contractor notifies in writing, with reasons, that it will be unable to perform its undertaking by reason of financial incapacity, the performance bond and any additional performance bonds are forfeited without the need for any further notice, and the contract is terminated and the account liquidated under the…
- GLOSSARY4735Contract Disputes22 October 2024
Contractor's Representative
The real person who represents the contractor in relation to the work subject to the contract, who has been given full authority for that work by a power of attorney drawn up before a notary, and who has been accepted by the contracting authority.
- GLOSSARY4735Contract Disputes22 October 2024
Contractor
The tenderer to whom the tender is awarded and with whom the contract is signed.
- GLOSSARY4734Tender Process Disputes22 October 2024
Qualification Information Table
In electronic tenders, the table prepared by the contracting authority on the basis of the provisions of the relevant implementing regulation, with a separate line for each document and criterion, so as to allow declaration of the information required in respect of the participation documents and qualification criteria to be submitted with the tender, including non-price criteria, as required by…
- GLOSSARY4734Tender Process Disputes22 October 2024
Green Book
The book in which the total quantities of all measurements taken by work item in each progress payment period are recorded.
- GLOSSARY4734Tender Process Disputes22 October 2024
Domestic Goods Certificate
The certificate evidencing that the goods offered are domestic goods, issued in accordance with the procedures and principles determined by the Ministry of Industry and Technology.
- GLOSSARY4734Tender Process Disputes22 October 2024
Domestic Goods
Products holding a domestic goods certificate issued in accordance with the procedures and principles determined by the Ministry of Industry and Technology.
- GLOSSARY4734Tender Process Disputes22 October 2024
Domestic Tenderer
Real persons who are citizens of the Republic of Türkiye and legal persons established under the laws of the Republic of Türkiye. In tenders whose estimated cost falls below the threshold amount, provision may be made for participation by domestic tenderers only. For a joint venture to be treated as a domestic tenderer, all its members must be domestic tenderers. Candidates and tenderers…
- GLOSSARY4734Tender Process Disputes22 October 2024
Establishment of a New Unit Price
The determination of the unit price for new work items that the contracting authority requires to be carried out, or that are to be carried out in addition, during the contract process but that are not contained in the unit price schedule.
- GLOSSARY4735Contract Disputes22 October 2024
Handover of the Site
The handover of the site to the contractor by a commission that includes the construction supervision officer appointed by the contracting authority, so that work may commence within the period stated in the contract after it has been signed, by checking, against the project and location schedule underlying the tender, the axis stakes, benchmarks, reference points and the like, on the project…
- GLOSSARY4734Tender Process Disputes22 October 2024
Establishment of a New Price
In works, where the conditions for a project change arise, the determination of the prices of new work items or work groups whose prices are not given in the tender documents and/or in the tender, which the contracting authority considers necessary during the performance of the work, together with the prices of additional works to be carried out under the contract. The new price is established…
- GLOSSARY4734Debarment and Defence22 October 2024
Debarment Check
The verification carried out as to whether tenderers participating in a tender are debarred from participating in tenders.
- GLOSSARY4734Debarment and Defence22 October 2024
Prohibited Acts or Conduct (Laws No. 4734 and No. 4735)
Offences based on intent or deceit committed by candidates and tenderers during the tender process, and by contractors during the contract process, directed at altering the course of the procedures of the tender and the contract so as to obtain an unfair advantage. Prohibited acts or conduct are set out in Article 17 of Law No. 4734 and Article 25 of Law No. 4735, and certain of those acts and…
- GLOSSARY4734Tender Process Disputes22 October 2024
Judicial Review
The possibility of bringing before the courts of the Republic of Türkiye the final decisions given by the Public Procurement Authority upon applications relating to tenders. Decisions of the Authority may be challenged before the Ankara administrative courts within thirty days.
- GLOSSARY4734Tender Process Disputes22 October 2024
Works Contractor
Real or legal persons, or joint ventures formed by them, that submit a tender in a works tender.
- GLOSSARY4734Tender Process Disputes22 October 2024
Communiqué on Similar Work Groups in Works
The communiqué prepared by the Public Procurement Authority so that contracting authorities may determine similar works in a manner appropriate to the nature of the work and ensuring competition, and so that standards may be established for the principles to be complied with, in works tenders held under Law No. 4734.
- GLOSSARY4735Contract Disputes22 October 2024
General Specifications for Works
The specifications prepared in order to lay down the general principles applicable to works carried out under Public Procurement Contracts Law No. 4735.