Glossary
Search a term and see its short definition, legal basis and related decisions. Only lawyer-approved English entries are published.
- GLOSSARYTender Process Disputes05 May 2026
CE Marking
The CE marking is the conformity marking showing that a product conforms to the relevant technical regulation and that, where used for its intended purpose, it is regarded as safe in terms of human life and property, plant and animal life and the environment. In public procurement, the CE marking may be required for products within the scope of the CE legislation, such as medical devices…
- GLOSSARYPublic Real Estate05 May 2026
Sale of Immovable Property in the Private Ownership of a Municipality
The sale of immovable property in the private ownership of a municipality is the transfer to third parties by tender, under State Procurement Law No. 2886, of immovable property belonging to the municipality and not allocated to a public service. Upon a decision of the municipal council on the sale, the tender notice, the holding of the tender and the sale procedure are conducted by the municipal…
- GLOSSARYPublic Real Estate05 May 2026
Right in Rem (Law No. 2886)
A right in rem is a right that confers direct and absolute power over a thing and that may be asserted against everyone.
- GLOSSARYTender Process Disputes05 May 2026
Permits or Similar Documents Required for Placing the Goods on the Market
Documents showing that the goods offered in a public tender meet the product safety, technical regulation, registration, permit, conformity assessment or conditions of sale determined by the relevant public institution. Examples include registration in the product tracking system for medical devices, the CE conformity marking for products subject to CE legislation, registration or approval…
- GLOSSARYPublic Real Estate05 May 2026
Open Tender Procedure (State Procurement Law No. 2886)
The open tender procedure is one of the tender procedures under State Procurement Law No. 2886. Although not the principal procedure, it is generally applied in tenders whose estimated price does not exceed the amount determined each year by the General Budget Law. Tenders under this procedure are held by tenderers stating their tenders orally before the tender commission. Tenderers may…
- GLOSSARYTender Process Disputes20 April 2026
Inability of the Contractor to Perform the Undertaking by Reason of Detention or Conviction
Where the contractor is unable to perform the undertaking by reason of detention or a sentence restricting liberty, the undertaking may be continued provided that, within thirty days following that event, a representative proposed by the contractor and accepted by the contracting authority is appointed. Where the contractor is not in a position to appoint a representative of its own free will…
- GLOSSARYTender Process Disputes20 April 2026
Inability of the Contractor to Perform the Undertaking by Reason of Serious Illness
Where the contractor is unable to perform the undertaking by reason of serious illness, the undertaking may be continued provided that, within thirty days following that event, a representative proposed by the contractor and accepted by the contracting authority is appointed. Where the contractor is not in a position to appoint a representative of its own free will, the persons concerned may be…
- GLOSSARYTender Process Disputes20 April 2026
Death of the Contractor
The death of the contractor brings the contract to an end. In that event the contract is terminated, the account liquidated under the general provisions, and the performance bonds and any other claims given to the contractor's heirs. However, where heirs who meet the same conditions so request and the contracting authority considers it appropriate, the contract may be assigned to them, provided…
- GLOSSARYTender Process Disputes20 April 2026
Bankruptcy of the Contractor
Where the contractor becomes bankrupt, the contract is terminated and the performance bond and any additional performance bonds are updated and forfeited. No debarment proceedings are taken, under Article 17(b) of Law No. 4735.
- GLOSSARYTender Process Disputes20 April 2026
Damage and Loss Not Attributable to the Contractor's Fault
Damage and loss not attributable to the contractor's fault are damage and loss arising during the contract process for which the contracting authority, and not the contractor, is responsible. Risks that cannot be insured, such as war, mobilisation within the country, insurrection, civil war and similar events, or radiation arising from nuclear fuel not used by the contractor or any subcontractor…
- GLOSSARYTender Process Disputes20 April 2026
The Contractor's Duty to Be Present at the Work
In works and in service procurements requiring continuity, the contractor must as a rule be present at the site throughout the performance of the work it has undertaken. The contractor may nevertheless leave the work, provided this does not cause the works to be delayed or halted, by appointing a representative granted full authority by a power of attorney drawn up before a notary and accepted by…
- GLOSSARYTender Process Disputes20 April 2026
Damage and Loss the Contractor May Not Claim from the Contracting Authority
Damage and loss the contractor may not claim from the contracting authority are the damage and loss arising during the contract process that the authority will not compensate. Since damage and loss caused to sites and works by extraordinary circumstances and natural disasters, together with insurable risks, fall within the scope of all risks insurance, the contractor may claim no payment from the…
- GLOSSARYTender Process Disputes20 April 2026
Criminal Liability of Contractors
Where real or legal persons, and their partners or representatives in the work concerned, engage in acts or conduct specified in Article 25 of Public Procurement Contracts Law No. 4735 that constitute an offence under the Turkish Criminal Code, a criminal complaint is filed with the competent public prosecutor's office, even if this is established after the work has been completed and accepted…
- GLOSSARYTender Process Disputes20 April 2026
The Contractor's Maintenance and Rectification Responsibilities
The contractor's maintenance and rectification responsibilities are that, after the site has been handed over to the contractor, all responsibility for the works carried out rests entirely with the contractor until the date on which the acceptance procedures are approved by the contracting authority. The contractor must immediately carry out at its own expense all repairs and rectifications…
- GLOSSARYTender Process Disputes20 April 2026
Overseas Work Completion Certificate (Goods and Service Works)
It is possible to participate in tenders for goods and service procurements with documents obtained abroad and accepted as work experience certificates. Work experience relating to goods and service works carried out abroad may be evidenced by a contract containing a price together with invoices and delivery or acceptance documents. The certification of those documents, their submission to the…
- GLOSSARYTender Process Disputes20 April 2026
Domestic Goods (Works)
All or a particular part of the machinery, materials and equipment and the software to be used in works must be domestic goods. Machinery, materials and equipment to be used in the work subject to the tender that appear on the list published by the Public Procurement Authority, determined among medium-low, medium-high and high technology machinery, materials and equipment by the Ministry of…
- GLOSSARYDebarment and Defence20 April 2026
Position of Tenderers Whose Debarment Is Published After the Date of the Tender
Where a debarment decision is issued by any contracting authority during the tender process in respect of candidates or tenderers against whom no such decision existed as at the tender or final application date, the tenders of tenderers that submitted a tender before the date of publication of the decision in the Official Gazette are excluded from the evaluation and their bid bonds returned…
- GLOSSARYDebarment and Defence20 April 2026
Participation in a Tender by Debarred Candidates and Tenderers
Where candidates and tenderers subject to a prohibition on participating in tenders take part in a tender, they must be excluded from the tender, their bid bonds forfeited and fresh debarment proceedings commenced. Where that situation is established after the contract has been concluded, the contract must be terminated under Article 21 of Law No. 4735, the account liquidated under the general…
- GLOSSARYDebarment and Defence20 April 2026
Position of the Shareholders of a Debarred Company
The partnership companies in which a company shareholder against whom a debarment decision has been issued is a partner, and the capital companies in which such a shareholder holds more than half of the capital, may not participate in the tenders of contracting authorities within the scope of Law No. 4734 for as long as the debarment decision remains in force, under Article 11 of Law No. 4734.
- GLOSSARYTender Process Disputes20 April 2026
The Contractor's Duty of Notification
In works, the contractor must notify the contracting authority in writing, within fifteen days from the date of delivery or of receiving the instruction, of any contrary view that the projects and/or specifications given to it, the site or materials delivered, or the instruction given, are contrary to the provisions of the contract and its annexes or do not conform to the rules of the art. In…