Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes22 October 2024
Works
Construction works of every kind procured under public tenders, such as buildings, highways, railways, motorways, airports, quays, ports, shipyards, bridges, tunnels, metros, viaducts, sports facilities, infrastructure, pipelines, communications and power transmission lines, dams, power plants, refineries, irrigation facilities, land reclamation, flood protection and overburden removal, together…
- GLOSSARY4734Tender Process Disputes22 October 2024
Occupancy Permit
The permit obtained from the municipality or special provincial administration that issued the building permit, in order that a completed structure, or those parts of it capable of separate use once completed, may be used, and which must be submitted with applications for the issue of work experience certificates relating to works undertaken for the private sector.
- GLOSSARY4734Tender Process Disputes22 October 2024
Building Permit
The licence to commence construction required under Development Law No. 3194 for an immovable property to be built, which must be submitted with applications for the issue of work experience certificates relating to works undertaken for the private sector.
- GLOSSARY4735Contract Disputes22 October 2024
Criminal Liability of the Construction Supervision Officer
This arises where the work subject to the contract is not carried out in accordance with the contract and its annexes, or where the work does not conform to the rules of the art. Where a supervision failure attracting criminal liability arises, the officer is jointly and severally liable with the contractor for fifteen years. Financial and criminal sanctions are applied to the officer in respect…
- GLOSSARY4734Tender Process Disputes22 October 2024
Construction Supervision Officer
An official or a body appointed by the contracting authority to supervise the works carried out by the contractor. Where the authority does not have sufficient staff, real or legal persons from outside the authority may be authorised. The construction supervision officer has the work subject to the contract carried out by the contractor through instructions that are not contrary to the tender…
- GLOSSARY4734Tender Process Disputes22 October 2024
Estimated Cost Calculation Schedule
The document annexed to the tender approval document, showing the amount of the estimated cost prepared by the contracting authority in calculating that cost.
- GLOSSARY4734Tender Process Disputes22 October 2024
Estimated Cost
The price envisaged for the work subject to the tender, calculated by contracting authorities by carrying out price research of every kind, excluding value added tax, and shown in a calculation schedule together with its basis. The estimated cost is disclosed at the tender hour after the tender prices have been announced, and is kept confidential until that date. The evaluation of the tender is…
- GLOSSARY4735Financial Disputes21 October 2024
Tax Debt
Under the public procurement legislation, tax debt is an important factor determining whether tenderers may participate in a tender. Tenderers must have no tax debt as at the date of the tender. Debts exceeding TRY 5,000 in total in respect of income tax, corporation tax, value added tax, special consumption tax, special communications tax, motor vehicles tax, games of chance tax, stamp duty…
- GLOSSARY4734Tender Process Disputes21 October 2024
Dispute Decision
The decisions taken by the Public Procurement Board upon appeals lodged with it.
- GLOSSARY4734Tender Process Disputes21 October 2024
Implementing Regulation
The Implementing Regulation on Goods Procurement Tenders, the Implementing Regulation on Service Procurement Tenders, the Implementing Regulation on Works Tenders, the Implementing Regulation on Advisory Service Procurement Tenders, the Implementing Regulation on Framework Agreement Tenders and the Implementing Regulation on Electronic Tendering.
- GLOSSARY4734Tender Process Disputes21 October 2024
Implementation Project
A project in which every detail of a given structure is set out in accordance with its approved final project.
- GLOSSARY4734Tender Process Disputes21 October 2024
Implementation Month
The month in which the works are carried out according to the work programme approved by the contracting authority.
- GLOSSARY4735Contract Disputes21 October 2024
Standard Form of Contract
The model contracts prepared by the Public Procurement Authority in order to ensure uniformity of application under Law No. 4735. Contracting authorities complete them in accordance with the information in the footnotes and the procurement legislation before launching the tender.
- GLOSSARY4734Tender Process Disputes21 October 2024
Total Turnover
The net sales figure arrived at by deducting sales returns, sales discounts and other reductions from the gross sales figure in the income statement.
- GLOSSARY4734Tender Process Disputes21 October 2024
Maintenance Period
In works, the period between the dates of provisional and final acceptance, which may not be less than twelve months unless the contract provides otherwise. These periods must be specified in the contract or its annexes. Where the defects and deficiencies identified by the contracting authority at provisional acceptance are not remedied within the period given, the maintenance period begins from…
- GLOSSARY4734Tender Process Disputes21 October 2024
Security
Security is of three kinds: the bid bond, the performance bond and the additional performance bond. The bid bond is the amount given by persons wishing to participate in a tender, not less than 3% of the price offered, calculated on the instruments listed in Article 34 of Law No. 4734. The performance bond is taken before the contract is signed, in order to secure performance of the undertaking…
- GLOSSARY4734Tender Process Disputes21 October 2024
Fundamental Principles (Law No. 4734)
The fundamental principles under Public Procurement Law No. 4734 are laid down in Article 5. Contracting authorities are responsible for ensuring transparency, competition, equal treatment, reliability, confidentiality, public scrutiny, the meeting of requirements on appropriate terms and in good time, and the efficient use of resources in the tenders they hold under the Law. Goods and service…
- GLOSSARY4734Tender Process Disputes21 October 2024
Base Index
The index for the month in which the date of the tender falls.
- GLOSSARY4734Tender Process Disputes21 October 2024
Base Minimum Wage
The gross minimum wage in force at the date of the tender for workers outside agriculture and over sixteen years of age.
- GLOSSARY4734Tender Process Disputes21 October 2024
Technological Product Experience Certificate
A certificate that may be submitted in tenders among the documents evidencing work experience. It is issued by the Ministry of Science, Industry and Technology, in accordance with the principles determined by the Public Procurement Authority, for services arising from research and development and scientific projects and for products holding a domestic goods certificate, and may be used for five…