Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes15 October 2024
Measurement Record Book
In works contracts, a book drawn up and signed by the supervision officers of the contracting authority and the contractor or its representative. Entered in it, together with their dates, are those works recorded in the survey book whose dimensions cannot be examined and checked against the plans and projects, and other records such as weighings, on-site measurements and determinations that must…
- GLOSSARY4734Tender Process Disputes15 October 2024
Abnormally Low Tender Inquiry
For works and service procurements, the procedure by which tenders found to fall below the threshold value are assessed as abnormally low tenders and detailed written explanations are requested from the tenderers concerned in respect of the costs or components identified as significant in the tender according to the criteria determined by the Public Procurement Authority.
- GLOSSARY4734Tender Process Disputes15 October 2024
Minimum Labour Cost
In service procurement tenders based on the employment of personnel, the total amount comprising the gross minimum wage in force at the date of the tender, or the wage determined in the administrative specifications as a percentage above the gross minimum wage (including payments for national and public holidays and overtime hours), other labour-related payments taken into account in calculating…
- GLOSSARY4734Tender Process Disputes15 October 2024
Request for an Abnormally Low Tender Explanation
A letter by which details of the tender are requested from tenderers submitting abnormally low tenders, in respect of the components identified as significant in the tender according to the criteria determined by the Public Procurement Authority.
- GLOSSARY4734Tender Process Disputes15 October 2024
Interim Inspection
An inspection carried out, in procurements involving a manufacturing or production process, as to whether the goods or work have been produced in conformity with the nature, quantity, quality and characteristics specified in the tender documents, in respect of matters that cannot be checked once manufacture or production is complete, with a view to preventing irreversible errors, avoiding delays…
- GLOSSARY4734Tender Process Disputes15 October 2024
Resolution of Disputes
Disputes in the performance of a contract may be resolved by choosing either the Turkish courts or arbitration. However, in the performance of contracts for works and works-related advisory services, the Presidency of the High Technical Board is competent to examine contractual disputes concerning inconsistencies between the documents making up the tender documents, disagreements over the work…
- GLOSSARY4734Tender Process Disputes15 October 2024
Analysis Inputs
The categories of materials, plant, labour and other inputs determined by the contracting authority, according to the construction conditions of the work item or work group, and entered in the analysis format.
- GLOSSARY4735Contract Disputes15 October 2024
Lump Sum Turnkey Contract
A type of contract concluded in works carried out under public tenders, on the basis of the implementation projects and the associated location schedules, for the total price offered by the contractor for the whole of the work.
- GLOSSARY4734Contract Disputes15 October 2024
Subcontractor
Real or legal persons that carry out part of the work subject to the contract, according to its nature, under a contract concluded with the contractor. The whole of the work subject to the contract may not be carried out by subcontractors. There is no subcontracting arrangement in goods procurements. In other types of procurement, a subcontractor work experience certificate is issued to…
- GLOSSARY4734Tender Process Disputes15 October 2024
Candidate
Real or legal persons, or joint ventures formed by them, that apply for pre-qualification.
- GLOSSARY4734Tender Process Disputes15 October 2024
Open Procedure
The open procedure is the tender procedure in which all tenderers possessing the qualifications required by the nature of the work may submit a tender. It is the principal tender procedure and provides for the highest level of competition and participation.
- GLOSSARY4735Contract Disputes11 October 2024
Termination of the Contract by the Contracting Authority
Termination of the contract by the contracting authority means bringing the contract to an end for reasons attributable to the contractor and liquidating the account under the general provisions. There are two grounds for such termination. The first is that, where the contractor has failed to perform its undertaking in accordance with the tender documents and the contract or to complete the work…
- GLOSSARY4734Tender Process Disputes11 October 2024
Financial Leasing
Subject to a financial leasing agreement, the transfer to the lessee, at the end of the lease term, of ownership of an asset by a lessor authorised under Law No. 6361 on Financial Leasing, Factoring and Financing Companies or the relevant legislation for financing purposes; the grant to the lessee of a right to purchase the asset at the end of the term at a price below its market value; the lease…
- GLOSSARY4734Tender Process Disputes11 October 2024
Electronic Key
Encryption and/or decryption data.
- GLOSSARY4734Tender Process Disputes11 October 2024
Adviser
A service provider that provides advisory services, uses its knowledge and experience for the benefit of the contracting authority, has no organic connection with the contractors of the work on which it advises, and derives no gain from the contracting authority other than the consideration for the advisory service.
- GLOSSARY4734Tender Process Disputes11 October 2024
Non-Working Days
In works contracts, days on which the weather is technically unsuitable for work. These days must be specified by the contracting authority in the tender documents. Their determination assists in establishing the contract period, in preparing more realistic work programmes and in preventing disputes.
- GLOSSARY4734Tender Process Disputes11 October 2024
Period of Delayed Performance
In works contracts, the period elapsing between the date on which the contractor is required to complete the work under the contract, including any extensions of time, and the date of provisional acceptance.
- GLOSSARY4734Tender Process Disputes11 October 2024
Threshold Amount
The threshold amount comprises the monetary limits determined each year for the purpose of establishing the qualification criteria to be required in a tender, determining tender notice periods and the tender procedure, setting the monetary limits governing the participation of foreign tenderers, and assessing abnormally low tenders. The monetary limits are laid down in subparagraphs (a) and (b)…