Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes17 October 2024
Work Group
In lump sum turnkey contracts, and in those parts of mixed contracts for which lump sum turnkey tenders are taken, the units forming the basis of payment, consisting of the total of the work items relating to payments and expressed as progress percentages of the contract price.
- GLOSSARY4734Tender Process Disputes17 October 2024
Reduction in the Scope of Work
A reduction in the quantity of the goods or work subject to the contract where the contracting authority considers it necessary.
- GLOSSARY4734Tender Process Disputes17 October 2024
Work Status Certificate
A work experience certificate issued, in works and works-related advisory services undertaken under a single contract containing a price in consideration of the work performed, for continuing works, where the initial contract price has been completed and the rate of completion has reached at least 80% of the total contract price and the work has been performed without defect.
- GLOSSARY4734Tender Process Disputes17 October 2024
Documents Evidencing Work Experience
The work experience certificates, graduation certificates, documents evidencing work experience acquired in the private sector, and technological product experience certificates that evidence the professional experience of tenderers participating in a tender.
- GLOSSARY4734Tender Process Disputes17 October 2024
Work Supervision Certificate
A work experience certificate issued to architects or engineers who have carried out supervision 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…
- GLOSSARY4735Contract Disputes17 October 2024
Increase in the Scope of Work
The performance of additional work by the same contractor, up to 10% of the price of a lump sum turnkey contract and up to 20% of the price of a unit price contract, within the framework of the provisions of the contract and the tender documents other than as to time, where an increase in the quantity of the work becomes necessary for reasons unforeseeable during the contract process, the…
- GLOSSARY4734Tender Process Disputes17 October 2024
Exempt Procurement
A procurement carried out by contracting authorities within the scope of Law No. 4734 under the provisions of Article 3 of that Law, in respect of which they are not subject to the Law other than as regards its provisions on penalties and debarment from tenders.
- GLOSSARY4734Tender Process Disputes17 October 2024
Criminal Liability of Tenderers
Where real or legal persons, and their partners or representatives in the work concerned, engage in acts or conduct specified in Law No. 4734 that constitute an offence under the Turkish Criminal Code, a criminal complaint is filed with the competent public prosecutor's office so that criminal proceedings may be brought, even if this is established after the work subject to the undertaking has…
- GLOSSARY4734Tender Process Disputes17 October 2024
Prospective Tenderer
A real or legal person, or a joint venture formed by such persons, that operates in the field subject to the tender and has purchased the tender or pre-qualification documents.
- GLOSSARY4734Tender Process Disputes17 October 2024
Tenderer
A real or legal person, or a joint venture formed by such persons, that is a supplier, service provider or works contractor submitting a tender in a tender procedure.
- GLOSSARY4734Tender Process Disputes17 October 2024
Preparatory Materials
In unit price contracts, and in those parts of mixed contracts for which unit price tenders are taken, the storage on the site and/or at the place of work, with the approval of the contracting authority, of materials that will form part of the works or be required for any manufacture.
- GLOSSARY4734Tender Process Disputes17 October 2024
Qualification for Participation in a Tender
The information and documents required by contracting authorities under Article 10 of Law No. 4734 from tenderers participating in a tender, according to the characteristics of the tender held, for the purpose of determining their economic and financial standing and their professional and technical capacity.
- GLOSSARY4734Tender Process Disputes17 October 2024
Persons Unable to Participate in a Tender
Persons debarred from public tenders temporarily or permanently by contracting authorities or by court decision under the relevant legislation; persons convicted of offences under Anti-Terror Law No. 3713, of organised crime, or of bribing public officials at home or abroad; persons declared fraudulently bankrupt; and the tender officers of the contracting authority and persons serving on boards…
- GLOSSARY4734Tender Process Disputes17 October 2024
Application Relating to a Tender
Complaints and appeals that must be made through EKAP, in accordance with the rules as to form, time limits and procedure laid down in the procurement legislation, by candidates, tenderers and prospective tenderers who claim to have suffered, or to be likely to suffer, a loss of rights or damage by reason of unlawful acts or conduct in the tender process.
- GLOSSARY4734Debarment and Defence17 October 2024
Debarment from Tenders (Laws No. 4734 and No. 4735)
The temporary prohibition on participating in tenders imposed on persons who commit the prohibited acts and conduct listed in Public Procurement Law No. 4734 or Public Procurement Contracts Law No. 4735. Those found to have engaged in the prohibited acts or conduct set out in Article 17 of Law No. 4734 are debarred for not less than one year and up to two years according to the nature of their…
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Officer
The person or boards of the contracting authority having the power and responsibility to hold tenders and to incur expenditure.
- GLOSSARY4734Tender Process Disputes17 October 2024
Cancellation of a Tender Before the Tender or Final Application Hour
An administrative act carried out under Public Procurement Law No. 4734 that brings the tender to an end. The ground for cancellation before the tender or final application hour is that the contracting authority considers it necessary, or that matters are found in the documents forming part of the tender documents that prevent the tender from being held and cannot be remedied, and the tender is…
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Procedure
The procedures applicable in tenders under Public Procurement Law No. 4734: the open procedure, the restricted procedure and the negotiated procedure. Of these, the open procedure and the restricted procedure are the principal tender procedures. The negotiated procedure is applied where the conditions laid down in the Law arise.
- GLOSSARY4734Tender Process Disputes17 October 2024
Type of Procurement
Procurements of goods, services and advisory services, and works, carried out under the tender procedures specified in Public Procurement Law No. 4734 and by way of direct procurement or under an exemption.
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Process
The process beginning once the tender officer has approved the tender approval document and completed upon the signature of the contract.