Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Result Notice
A notice containing information on the results of tenders held by contracting authorities under the Law.
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Approval Document
The procurement order document approved by the tender officer together with the calculation schedule for the estimated cost, the specifications, the draft contract, the technical specifications and other documents. The stage following its approval is the tender notice or invitation process and the holding of the tender.
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Commission Decision
The reasoned decision taken by the commission as a result of its evaluation of the tenders submitted in accordance with the tender documents and the procurement legislation.
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Commission
A commission of at least five members, an odd number, formed with the participation of at least four members of the staff of the contracting authority and one member of staff responsible for accounting or financial affairs, one of whom chairs the commission, on condition that in advisory service procurement tenders all members other than the member responsible for accounting or financial affairs…
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Procedure File
The file drawn up for each work to be tendered, containing all documents relating to the tender process, such as the approval document obtained from the tender officer and the annexed calculation schedule for the estimated cost, the tender documents, the texts of the notices, the applications or tenders submitted by candidates or tenderers and other documents, and the records and decisions of the…
- GLOSSARY4734Tender Process Disputes17 October 2024
Cancellation of a Tender
An administrative act carried out under Public Procurement Law No. 4734 that brings the tender to an end. Cancellation is carried out on the grounds specified in the Law. The first ground is that, where tenderers who participated despite being debarred should have been excluded and their bid bonds forfeited, but this could not be established at the evaluation stage and the tender was awarded to…
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Notice
A notice published having regard to the notice periods laid down in Law No. 4734 according to the tender procedure to be applied and the estimated cost of the tender.
- GLOSSARY4734Bid Rigging Offences17 October 2024
Rigging a Tender
The act or conduct of preventing, by deceitful means, persons possessing the qualifications or conditions for participation from participating in the tender or in the procedures of the tender process; enabling persons not possessing those qualifications or conditions to participate; excluding the goods offered from the evaluation on the ground that they do not possess the characteristics stated…
- GLOSSARY4734Tender Process Disputes17 October 2024
Corrigendum Notice
Where matters found to be contrary to Law No. 4734 exist in a tender notice, a new notice published in respect of the defective matters within fifteen days following publication of the notice in open and negotiated procedure tenders whose estimated cost is equal to or exceeds the threshold amounts, and within ten days in other tenders.
- GLOSSARY4734Tender Process Disputes17 October 2024
Exclusion from a Tender
Elimination from a tender as a result of acting or proceeding contrary to the provisions laid down in the Public Procurement Law, or of failing to comply with the conditions of those provisions. The acts, conduct and legal position requiring the exclusion of a person wishing to participate in a tender may also entail administrative or criminal sanctions. Candidates and tenderers who participate…
- GLOSSARY4734Tender Process Disputes17 October 2024
Procurement Adviser
A person who holds a higher education qualification and has detailed knowledge of and experience in the legislation within the scope of Public Procurement Law No. 4734, Public Procurement Contracts Law No. 4735, State Procurement Law No. 2886 and Public Financial Management and Control Law No. 5018. A procurement adviser works on the disputes of the persons advised, within the scope of the…
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender Documents
In goods or service procurements and works subject to a tender, the administrative specifications containing the instructions to tenderers, the technical specifications including the project for the work to be carried out, the draft contract, and other necessary documents and information.
- GLOSSARY4734Tender Process Disputes17 October 2024
Procurement Lawyer
A person who is a graduate of a faculty of law and holds a licence to practise as a lawyer, who has detailed knowledge of and experience in the legislation within the scope of Public Procurement Law No. 4734, Public Procurement Contracts Law No. 4735, State Procurement Law No. 2886 and Public Financial Management and Control Law No. 5018. A procurement lawyer works on the legal disputes of the…
- GLOSSARY4734Tender Process Disputes17 October 2024
Tender
The process by which goods or services to be procured on the market, and works, are the subject of tender documents prepared, notice given and a tender held in accordance with the procedures and principles laid down in Public Procurement Law No. 4734 and its secondary legislation, and which is concluded, in accordance with the fundamental principles of that Law, by determining the economically…
- GLOSSARY4734Tender Process Disputes17 October 2024
Administrative Specifications
Specifications prepared by the contracting authority holding the tender, in accordance with the tender procedure to be applied, on the basis of the standard administrative specifications annexed to the relevant implementing regulations.
- GLOSSARY4734Tender Process Disputes17 October 2024
Contracting Authority
The institutions and organisations within the scope of Law No. 4734 that are authorised to hold tenders in public procurement.
- GLOSSARY4734Tender Process Disputes17 October 2024
Service Provider
Real or legal persons, or joint ventures formed by them, that submit a tender in a service procurement tender.
- GLOSSARY4735Contract Disputes17 October 2024
Liability of Service Providers
Service providers are directly liable for loss and damage arising, within the scope of their undertakings, from the selection, supply or use of defective materials or materials not conforming to standards, design errors, faulty implementation, lack of supervision, failure to perform the undertaking in accordance with the contract and the specifications, and similar causes. Such loss and damage…
- GLOSSARY4735Contract Disputes17 October 2024
General Specifications for Service Works
The specifications annexed to the Implementing Regulation on Service Procurement Tenders, laying down the general principles and procedures applicable to the performance of service works contracted under Public Procurement Contracts Law No. 4735.
- GLOSSARY4734Tender Process Disputes17 October 2024
Service Procurements
Services procured by contracting authorities. They include maintenance and repair, transport, communications, insurance, research and development, accounting, market research and surveys, consultancy, promotion, printing and publishing, cleaning, meal preparation and distribution, meetings, organisation, exhibitions, protection and security, vocational training, photography, film, intellectual…