Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes17 October 2024
Electronic Tender
A tender prepared through EKAP by the tenderer or by persons authorised by the tenderer and signed with an electronic signature.
- GLOSSARY4734Tender Process Disputes17 October 2024
Electronic Complaint
The making of a complaint in a tender electronically through EKAP. Complaints to the contracting authority must be made through EKAP.
- GLOSSARY4734Fraud in Performance of Obligations17 October 2024
Offence of Rigging the Performance of an Obligation
The offence consisting in the delivery or acceptance of goods other than those specified in the award decision or the contract; the delivery or acceptance of a lesser quantity than specified; the acceptance of the obligation as duly performed although it was not performed in time; in works tenders, the acceptance of the structure or materials although they do not conform to the specifications or…
- GLOSSARY4734Tender Process Disputes17 October 2024
Regulatory Board Decision
Decisions taken by the Public Procurement Board in connection with amendments to the procurement legislation and the resolution of problems arising in tenders.
- GLOSSARY4734Tender Process Disputes17 October 2024
Corrective Action Decision
A decision taken upon a complaint or an appeal that requires procedures not entailing the cancellation of the tender.
- GLOSSARY4734Tender Process Disputes17 October 2024
Statement of Condition
A record in which the current state of the works performed as at the date of approval of termination is determined and recorded, in the course of liquidating the account for the work subject to a terminated contract. It is drawn up by a commission appointed by the contracting authority together with the contractor or its representative.
- GLOSSARY4734Tender Process Disputes17 October 2024
Direct Procurement
A form of procurement by which, in the cases specified in Article 22 of Public Procurement Law No. 4734, requirements may be procured directly by discussing the technical conditions and the price with those invited by the contracting authority. Such procurements are carried out by one or more persons appointed by the tender officer, by way of a market price survey, without applying a tender…
- GLOSSARY4735Contract Disputes17 October 2024
Supervision, Inspection and Acceptance Procedures
The procedures by which it is determined whether the goods, services or works delivered to the contracting authority by the contractor during the contract process conform to the tender documents. They are carried out under the Inspection and Acceptance Regulations forming part of the secondary legislation of Public Procurement Contracts Law No. 4735. In works and service procurements, the…
- GLOSSARY4734Tender Process Disputes17 October 2024
Letter of Invitation
In tenders held under the restricted procedure of Law No. 4734, the call made by the contracting authority for candidates found qualified following the pre-qualification assessment to submit tenders. It is also the call made by the contracting authority, in negotiated procedures under subparagraphs (a), (d) and (e) of Article 21 of that Law, for tenderers found qualified to submit their technical…
- GLOSSARY4734Tender Process Disputes17 October 2024
Invitation
In tenders held under the negotiated procedure of Law No. 4734, the call made by the contracting authority for tenderers to submit their tenders.
- GLOSSARY4734Tender Process Disputes17 October 2024
Advisory Service Procurements
Services procured on the market by contracting authorities within the scope of Law No. 4734 in technical, financial, legal or similar fields, such as architecture and engineering, studies and projects, mapping and cadastre, development plans of any scale, development implementation, preparation of environmental impact assessment reports, planning, software development, design, preparation of…
- GLOSSARY4734Tender Process Disputes16 October 2024
Environmental Impact Assessment Report
A report to be prepared in the prescribed special format for a project in respect of which the Ministry of Environment, Urbanisation and Climate Change has issued a decision that an environmental impact assessment is required.
- GLOSSARY4734Tender Process Disputes16 October 2024
Environmental Impact Assessment
The work carried out in identifying the positive and negative effects that the work subject to the tender may have on the environment, in identifying and assessing the measures to be taken to prevent adverse effects or to reduce them to a level that does not harm the environment, together with alternatives as to location and technology, and in monitoring and supervising the implementation of…
- GLOSSARY4734Tender Process Disputes16 October 2024
Unit Price Work Descriptions
In works tendered by way of unit price tenders on the basis of a preliminary or final project, descriptions setting out in technical terms the name and unit of the work item, its construction conditions, the place and manner of measurement, and the elements included in and excluded from the unit price.
- GLOSSARY4734Tender Process Disputes16 October 2024
Unit Price Tender Schedule
The schedule annexed to the tender letter, showing the quantity, the unit price offered and the amounts for each work item, in tenders where unit price tenders or mixed tenders are required.
- GLOSSARY4734Tender Process Disputes16 October 2024
Unit Price Contract
A contract drawn up on the total price found by multiplying the quantity of each work item in the schedule prepared by the contracting authority by the unit prices offered by the tenderer for those work items. In works contracts it is applied in accordance with preliminary or final projects and the associated location schedules and unit price descriptions; in goods and service procurements, on…
- GLOSSARY4734Tender Process Disputes16 October 2024
Prohibition on Disclosing Information and Documents
The obligation of those involved in the application of Laws No. 4734 and No. 4735, and of those providing advisory services, to keep confidential, and not to use for their own benefit or that of third parties, all procedures relating to the tender process, the business and transactions of tenderers, information and documents concerning the technical and financial aspects of their tenders that…
- GLOSSARY4734Tender Process Disputes16 October 2024
Balance Sheet or Equivalent Documents
Documents required in tenders as part of economic and financial standing. Relating to the year preceding the year in which the tender is held, these are, as required by the legislation, the year-end balance sheet or the sections of the balance sheet showing that the required criteria are met, for candidates and tenderers obliged to publish their balance sheets; and, for those not so obliged, the…
- GLOSSARY4734Tender Process Disputes16 October 2024
Similar Work
Similar work denotes work that resembles, in nature and size, the work subject to the tender in works and service procurement tenders, and the procurement or its parts in goods procurement tenders. In works tenders, similar work means work requiring the same or a similar construction technique. In service and goods procurement tenders, it means work produced or carried out by the same or similar…
- GLOSSARY4734Tender Process Disputes15 October 2024
Restricted Procedure
A tender procedure applied, in works tenders whose estimated cost exceeds half the threshold amount and in which the open procedure cannot be applied because the nature of the work requires expertise or advanced technology, for works in which tenders may be submitted by tenderers invited by the contracting authority following a pre-qualification assessment.