Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4735Financial Disputes18 October 2024
Final Progress Payment Certificate
The final settlement of the account with the contractor. After the final accounts and the final acceptance record have been approved by the contracting authority, the construction supervision officer issues the final progress payment certificate, within the period laid down in the legislation, on the basis of the final accounts approved by the authority.
- GLOSSARY4734Tender Process Disputes18 October 2024
Surety Bond
A document by which insurance companies stand as surety to the contracting authority against the risk of tenderers or contractors failing to perform their obligations arising from tendered works.
- GLOSSARY4734Tender Process Disputes18 October 2024
Mixed Contract
A contract concluded in tenders in which, by reason of the nature of the work, lump sum turnkey tenders are taken for some of the work items or groups and unit price tenders for the remainder.
- GLOSSARY4734Tender Process Disputes18 October 2024
Capacity Report
A document showing the production capacity of all public and private sector organisations operating in industrial production, industrial services, the construction sector and mining, valid for two years from the date of approval.
- GLOSSARY4734Tender Process Disputes18 October 2024
Loss to the Public Purse
The prevention of an increase in, or the causing of a reduction in, public resources as a result of decisions, procedures or acts contrary to the legislation arising from the intent, fault or negligence of public officials. It includes excess and unwarranted payments made in carrying out procurements subject to Public Procurement Law No. 4734, and conduct contrary to the legislation in collecting…
- GLOSSARY4734Tender Process Disputes18 October 2024
Public Procurement Authority Levy
The monetary amount collected from the contractor, at a rate of five ten-thousandths of the contract price, for contracts exceeding the amount specified in the first sentence of subparagraph (j) of Article 53 of Law No. 4734.
- GLOSSARY4734Tender Process Disputes18 October 2024
Public Procurement General Communiqué
The communiqué prepared by the Public Procurement Authority in order to clarify matters arising in the application of Public Procurement Law No. 4734 and Public Procurement Contracts Law No. 4735. Contracting authorities, candidates, tenderers, prospective tenderers and contractors are required to comply with the matters set out in it.
- GLOSSARY4734Tender Process Disputes18 October 2024
Public Procurement Bulletin
The bulletin containing the tender notices that the Public Procurement Authority is required to publish in printed and electronic form.
- GLOSSARY4734Tender Process Disputes18 October 2024
Acceptance Procedures
In services produced upon the completion of particular work, the procedures beginning with an application by the contractor to the contracting authority, by a petition requesting that the work be taken over and the acceptance procedures commenced, once the work subject to the contract has been completed.
- GLOSSARY4734Tender Process Disputes18 October 2024
Acceptance Certificate
A certificate issued following the examination of the acceptance commission appointed by the contracting authority upon completion of the works subject to the contract. It is also referred to as an acceptance proposal certificate. In service and works contracts it constitutes a strong technical reference for commissions, although a commission is not bound by it.
- GLOSSARY4735Contract Disputes17 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 the works contract may commence within the period determined. It takes place by checking, against the project and location schedule underlying the tender, the axis stakes, benchmarks, reference points and the like, on the project area, the…
- GLOSSARY4734Tender Process Disputes17 October 2024
Appeal Fee
The monetary amount that must be paid in order to lodge an appeal with the Public Procurement Authority. It is determined each year according to the estimated cost of the works subject to the tender.
- GLOSSARY4734Tender Process Disputes17 October 2024
Appeal to the Public Procurement Authority
An application made through EKAP to the Public Procurement Authority, before the contract is signed, in the cases and within the period specified in Law No. 4734, by candidates, tenderers or prospective tenderers who have made a complaint to the contracting authority or who do not accept the decision taken by that authority.
- GLOSSARY4734Tender Process Disputes17 October 2024
Site
The places where the work subject to the contract is to be carried out, together with the land, buildings, depots, material quarries and other places used temporarily or permanently during the work.
- GLOSSARY4734Tender Process Disputes17 October 2024
Commencement Date
The date stated in the contract. In works requiring handover of the site, the commencement date is the date on which the site is handed over to the contractor.
- GLOSSARY4734Tender Process Disputes17 October 2024
Work Management Certificate
A work experience certificate issued to architects or engineers who have carried out management duties amounting to at least 80% of the initial contract price, in works and works-related advisory services undertaken under a single contract containing a price in consideration of the work performed, in works for which provisional acceptance has been carried out; and, in continuing works, where the…
- GLOSSARY4734Tender Process Disputes17 October 2024
Work Programme (Works)
The document in which the contractor sets out in detail the monthly manufacture, work quantities, preparatory materials, annual appropriation instalments and their distribution over the months, on the basis of the work items or groups and construction periods of the works, having regard also to the duration of the work and the annual payment amounts. In works, it is assumed that all days will be…
- GLOSSARY4734Tender Process Disputes17 October 2024
Joint Venture
A partnership formed by more than one real or legal person for the purpose of participating in a tender and carrying out the work subject to the contract together.
- GLOSSARY4734Tender Process Disputes17 October 2024
Work Item
In works to be carried out under a unit price contract, and in those parts of mixed contracts for which unit price tenders are taken, the units forming the basis of payment for which technical and special construction conditions are specified and unit price descriptions exist.
- GLOSSARY4734Tender Process Disputes17 October 2024
Documents Evidencing Business Volume
Documents within the scope of economic and financial standing, relating to the year preceding the year in which the tender is held, comprising the income statement showing total turnover or documents showing the amount of turnover.