Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes21 October 2024
Lead Member
The member holding the largest share in a joint venture. In joint ventures where the shares of all members are equal, or where there are members holding larger shares than the others and equal shares among themselves, one of the members is designated as the lead member.
- GLOSSARY4734Tender Process Disputes21 October 2024
Service Procurement Based on the Employment of Personnel
Service procurements relating to work of a continuous nature in which, under Law No. 4734 and other legislation, the number of personnel to be employed in the work subject to the tender is specified in the tender documents, the whole of those personnel's working hours is used for the contracting authority, and at least 70% of the estimated cost consists of labour costs, including the minimum…
- GLOSSARY4734Tender Process Disputes21 October 2024
Negotiated Procedure
One of the tender procedures laid down in Law No. 4734. For it to be applied, the conditions set out in Article 21 of the Law must arise. It may be applied where no tender is received in a tender held under the open or restricted procedure; in sudden and unexpected situations such as natural disasters, epidemics or danger to life or property; where the work has particular characteristics in terms…
- GLOSSARY4734Tender Process Disputes21 October 2024
Composite Work Item
Work items designed by contracting authorities that comprise more than one work item.
- GLOSSARY4734Tender Process Disputes21 October 2024
Special Work Item
In works, work items that do not correspond to the unit prices published by public institutions and organisations.
- GLOSSARY4734Tender Process Disputes21 October 2024
Special Manufacture
Materials that are not bought and sold ready-made on the market, that are to be produced on the basis of a design or upon request, and that require special expertise and production techniques.
- GLOSSARY4734Tender Process Disputes21 October 2024
Pre-Qualification Specifications
Specifications prepared by the contracting authority for tenders to be held under the restricted procedure, on the basis of the standard pre-qualification specifications annexed to the relevant implementing regulations.
- GLOSSARY4734Tender Process Disputes21 October 2024
Pre-Qualification Notice
The notice published by contracting authorities, having regard to the notice periods laid down in Law No. 4734, for tenders to be held under the restricted procedure of that Law.
- GLOSSARY4734Tender Process Disputes21 October 2024
Pre-Qualification Documents
The documents comprising the pre-qualification specifications and the standard forms determined by the contracting authority and annexed to them.
- GLOSSARY4734Tender Process Disputes21 October 2024
Preliminary Project
A project prepared in accordance with the definitive requirements programme for a given structure, without carrying out the necessary land and ground investigations, in which information is taken from existing maps, and which sets out the plans, sections, elevations and profiles prepared on the basis of the data obtained, including environmental impact assessment and feasibility reports, and…
- GLOSSARY4734Tender Process Disputes21 October 2024
Preliminary Financial Control
The controls carried out in spending units at the stage of executing transactions, together with the controls carried out by the financial services unit.
- GLOSSARY4734Tender Process Disputes21 October 2024
Shareholding Determination Certificate
A certificate drawn up by trade registry directorates or a member of the profession after the date of the first notice or invitation, showing that the conditions have been maintained without interruption for the year preceding the date of issue, which must be submitted together with the work experience certificate where a legal person submits, in order to evidence work experience, a document…
- GLOSSARY4734Tender Process Disputes21 October 2024
Joint Venture Arrangement
A joint venture or consortium formed by agreement between more than one real or legal person for the purpose of participating in a tender.
- GLOSSARY4734Tender Process Disputes21 October 2024
Sample
In goods procurements, a portion of the goods retained during physical inspection that bears all the characteristics of the materials subject to the procurement. Retaining a sample is important so that it may serve as evidence in disputes and in investigations before judicial bodies, and so that physical objections or laboratory inspections may be carried out on the same product. Whether a sample…
- GLOSSARY4735Financial Disputes21 October 2024
Quality Deduction
The amount deducted from the contractor's progress payment or security where, in the examination carried out by the contracting authority in the course of provisional acceptance, defects and deficiencies are found that are technically unobjectionable, that do not prevent delivery to the authority and the use or operation of the work, and that cannot be remedied or would require excessive…
- GLOSSARY4735Contract Disputes18 October 2024
Force Majeure
Obstacles arising during the performance of a contract that are not attributable to the contractor's own fault, that could not be foreseen or prevented, and that render performance of the contract impossible. The events of force majeure recognised by Law No. 4735 are natural disasters, lawful strikes, general epidemics, the declaration of partial or general mobilisation, and similar situations to…
- GLOSSARY4735Contract Disputes18 October 2024
Inspection and Acceptance Commission
A commission formed by the competent authority or the tender officer for inspection and acceptance procedures, consisting of at least three persons, an odd number, one of whom acts as chair. In goods procurements one of the members, and in service procurements all of them, must be specialists in the work. In works, all members of the commission must be technical staff. Where the contracting…
- GLOSSARY4734Tender Process Disputes18 October 2024
Graduation Certificate (as a Document Evidencing Work Experience)
Graduation certificates may be used in works tenders as documents evidencing work experience, within the scope of the similar work defined in the tender notice and the administrative specifications.
- GLOSSARY4734Tender Process Disputes18 October 2024
Quantity Schedule
A list setting out, in accordance with the measurements and descriptions in the projects and location schedules for the work subject to the tender, in which part and in what quantity the manufacturing items forming part of the work are to be carried out. It is drawn up by work item and/or work group in lump sum turnkey works, and by work item in unit price tender works.
- GLOSSARY4734Tender Process Disputes18 October 2024
Professional and Technical Capacity Documents
The documents listed in subparagraph (b) of the first paragraph of Article 10 of Law No. 4734. The contracting authority must specify, in accordance with the nature of the work subject to the tender, which of that information or those documents will be used in the qualification assessment, in the tender notice and documents or in the notice or invitation documents relating to the tender or…