Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes21 October 2024
Renewal of the Contract
Where the contractor is a joint venture and the lead or coordinating member dies, becomes bankrupt, falls seriously ill, is detained or is convicted, the conclusion of a renewal contract instead of terminating the contract, upon the proposal of the other members within thirty days of that event and with the approval of the contracting authority, on condition that they assume the responsibilities…
- GLOSSARY4735Contract Disputes21 October 2024
Termination of the Contract
Termination of the contract means bringing the contract to an end where the parties fail to perform their obligations under it, or where causes arise that could not be foreseen and cannot be prevented. Law No. 4735 addresses termination for reasons attributable to the contractor or on grounds of force majeure. Apart from force majeure, there are two grounds on which the authority may terminate…
- GLOSSARY4734Tender Process Disputes21 October 2024
Assignment of the Contract
The assignment of a contract under Law No. 4735 to another contractor, upon the contractor's proposal and with the written permission of the tender officer, where compelling circumstances arise. On assignment, the assignee must meet the conditions of the original tender. However, the assignment or acquisition of another contract by the same contractor within three years following the date of…
- GLOSSARY4735Contract Disputes21 October 2024
Amendment of the Contract
Amendment of the contract is not possible under Law No. 4735 other than in two exceptional cases. Those exceptions are agreement between the contracting authority and the contractor as to the place of performance or delivery, and as to the period of the work and payment in accordance with that period, provided the work is performed or delivered early. Apart from those exceptions, the terms of the…
- GLOSSARY4734Tender Process Disputes21 October 2024
Types of Contract
The contracts concluded under Law No. 4734 are of five types: the lump sum turnkey contract, the lump sum contract, the unit price contract, the mixed contract and the individual contract.
- GLOSSARY4734Tender Process Disputes21 October 2024
Contract Costs and General Costs
In service procurement tenders based on the employment of personnel, contract costs such as stamp duties relating to the tender and the contract, the Public Procurement Authority levy and notary fees, together with depreciation, clothing costs, orientation training costs, the fees of the occupational physician and occupational safety specialist under the Occupational Health and Safety Law…
- GLOSSARY4734Tender Process Disputes21 October 2024
Contract
The written agreement concluded between the contracting authority and the contractor in goods or service procurements and works.
- GLOSSARY4734Tender Process Disputes21 October 2024
Social Security Premium Debt
The finalised social security premium debt for the purposes of subparagraph (c) of the final paragraph of Article 10 of Law No. 4734. Tenderers must obtain the document showing that they have no social security premium debt from the provincial social security directorate or social security centre with which the workplace is registered; that document must be issued following a search covering the…
- GLOSSARY4734Tender Process Disputes21 October 2024
Ordered List of Work Items or Groups
A list in which the amounts of the work items or groups making up the estimated cost are ranked from the largest to the smallest and the cumulative total of the ratios is also shown. In drawing up the list, the ratios of the amounts of the work items or groups to the estimated cost must be rounded to the nearest four decimal places. Any difference of the total of those ratios from 1 by reason of…
- GLOSSARY4734Tender Process Disputes21 October 2024
Ordered Analysis Inputs Table
A list prepared on the basis of the detailed analyses of the work items or groups, in which the analysis inputs are ranked from the smallest to the largest by amount.
- GLOSSARY4734Tender Process Disputes21 October 2024
Threshold Value Determination Coefficient (R)
The coefficient in the formula used to determine the threshold value in service procurement tenders not based on the employment of personnel. It is determined and published each year by the Public Procurement Authority, with effect from 1 February.
- GLOSSARY4734Tender Process Disputes21 October 2024
Threshold Value Coefficient
The coefficient used in determining the threshold value in works tenders, taken as 1.00 for works in groups B (superstructure or building works), C (sanitary and mechanical installation works), D (electrical works) and E (electronic and communications works) of the Communiqué on Similar Work Groups in Works, and for related completion, repair, drilling, demolition, strengthening and assembly…
- GLOSSARY4734Tender Process Disputes21 October 2024
Threshold Value
The value calculated within the framework of the principles set out in the Public Procurement General Communiqué, for the purpose of identifying and assessing abnormally low tenders and determining the economically most advantageous tender.
- GLOSSARY2886Public Real Estate21 October 2024
Sale Tender
The sale by contracting authorities within the scope of State Procurement Law No. 2886 of their movable and immovable property by way of tenders held in accordance with the provisions of that Law. Sale notices are published in the Official Gazette, in the national and local press and on the websites of official institutions, according to the estimated value of the tender.
- GLOSSARY4734Debarment and Defence21 October 2024
Forged Document
Documents contrary to the truth that candidates, tenderers or contractors draw up, use or attempt to use in a tender or in the performance of a contract in order to obtain an advantage and mislead the contracting authority. Those found to have drawn up, used or attempted to use forged documents are debarred from participating in the tenders of all public institutions and organisations, including…
- GLOSSARY4734Tender Process Disputes21 October 2024
Recourse
The claim by a person who has made a payment for that amount from the person who ought to have made it. In public law, recourse means the recovery from the principal debtor of a loss to the public purse or to the Treasury.
- GLOSSARY4734Tender Process Disputes21 October 2024
Revised Work Programme (Works)
In works, the work programme that must be drawn up within seven days from the date of notification to the contractor, where the contracting authority considers it necessary, in situations such as an extension of time approved by the authority, an increase or reduction in the scope of work, a change in appropriation instalments, work carried out with the authority's permission during a period…
- GLOSSARY4734Tender Process Disputes21 October 2024
Survey Book
The book in which all measurements are recorded where there is no implementation project and the matter is too urgent to be postponed.
- GLOSSARY4734Tender Process Disputes21 October 2024
Revised Unit Price
In unit price works, the revision of the unit price of a work item, in proportion to the share of the increase in the contract price, where an increase exceeding 20% occurs during the course of the work in the quantity of that work item, and where that total increase also exceeds 1% of the contract price. The reference quantity is the quantity stated in the contract for a work item contained in…
- GLOSSARY2886Public Real Estate21 October 2024
Current Market Price
The market prices determined and published by the Ministry of Environment, Urbanisation and Climate Change for the analyses and the auxiliary or sub-analyses used in works.