Glossary
Search a term and see its short definition, legal basis and related decisions.
- GLOSSARY4734Tender Process Disputes18 April 2026
Additional Damage
In public procurement contracts, additional damage is the further loss arising from default that is not covered by default interest or a delay penalty. In periods of high inflation and exchange rates, because the statutory interest rate paid by the contracting authority falls short of the loss in the value of money, compensation may be claimed from the authority where a progress payment is paid…
- GLOSSARY4735Contract Disputes18 April 2026
Method to Be Followed in Inspection (Goods Procurements)
The method to be followed in the inspection of goods procurements is first to check the physical characteristics. The commission examines whether all the physical characteristics conform to the provisions specified in the tender documents. Even if some of the characteristics are found not to conform in the physical inspection, the inspection is not broken off but completed. Where the physical…
- GLOSSARY4735Contract Disputes18 April 2026
Matters to Be Examined in Inspection
The matters to be examined in inspection are the conditions stated in the tender documents, under Article 11 of Law No. 4735 and the Inspection and Acceptance Regulations.
- GLOSSARY4734Tender Process Disputes18 April 2026
Demolition of Existing Structures
The demolition of existing structures concerns the structures situated on the land where the works are to be carried out that must be demolished under the project. In order for existing structures to be demolished, that operation must be specified in the implementation projects in lump sum turnkey contracts, and in the tender schedule in unit price contracts, under Article 31 of the General…
- GLOSSARY4734Tender Process Disputes18 April 2026
Responsibility for Transporting Goods or Materials
In goods procurements the contractor is responsible for the assembly, packaging, loading, transport, delivery, unloading, storage and protection of all the goods and materials required for the work. It is responsible for any damage that may occur during the transport of the materials. The contractor takes the necessary care to ensure that roads and bridges are not damaged by its personnel during…
- GLOSSARY4735Contract Disputes18 April 2026
Disputes Between the Supervision Body and the Contractor
Disputes that may arise between the supervision body and the contractor during the performance of the work and in drawing up the final accounts are resolved by the contracting authority, having regard to the terms of the contract and its annexes. The contractor applies to the authority within ten days from the day on which the situation arose, by a petition setting out its objections and…
- GLOSSARY4734Tender Process Disputes18 April 2026
Powers of the Supervision Body
In service procurements, all work made the subject of a contract is managed and carried out by the contractor under the supervision of the supervision body appointed by the contracting authority. The contractor must carry out all the works in accordance with the instructions given by the supervision body, provided they are not contrary to the terms of the contract and its annexes. The powers of…
- GLOSSARY2886Public Real Estate18 April 2026
Contract Period in Leases (Lease Periods for Public Immovable Property)
Lease periods for public immovable property may not exceed ten years. However, land required for tourism facilities and for the sites where they are to be established, for energy generation facilities and transmission and distribution facilities and networks, and for natural gas transmission, distribution and storage facilities and networks may be leased for more than ten years, under Article 64…
- GLOSSARY4734Tender Process Disputes18 April 2026
Premium Rate for Short-Term Insurance Branches
The premium rate determined on the basis of information obtained from the Social Security Institution according to the degree of risk that the service subject to the tender carries in terms of occupational accidents and occupational diseases, and taken into account in the estimated cost and in the provisions of the administrative specifications.
- GLOSSARY4735Contract Disputes18 April 2026
Return of the Performance Bond and the Additional Performance Bond (Works)
After the undertaking has been performed in accordance with the terms of the contract and the tender documents, any deficiencies and defects in the work have been remedied and the provisional acceptance record approved, and it has been established that the contractor has no debt to the contracting authority arising from the work, a clearance certificate from the Social Security Institution must…
- GLOSSARY4735Contract Disputes18 April 2026
Return of the Performance Bond and the Additional Performance Bond (Service Procurements)
Once it has been established that the undertaking has been performed in accordance with the terms of the contract and the tender documents and that the contractor has no debt to the contracting authority arising from the work, the whole of the performance bond and any additional performance bond is returned to the contractor after the clearance certificate obtained from the Social Security…
- GLOSSARY4735Contract Disputes18 April 2026
Return of the Performance Bond and the Additional Performance Bond (Goods Procurements)
Once it has been established that the undertaking has been performed in accordance with the terms of the contract and the tender documents and that the contractor has no debt to the contracting authority arising from the work, half is returned where the subject of the contract is a procurement of goods bought and sold ready-made on the market and a guarantee period is provided, the remainder…
- GLOSSARY4735Contract Disputes18 April 2026
Forfeiture of the Performance Bond and the Additional Performance Bond
The forfeiture of the contractor's performance bond and any additional performance bond takes place where the contract is terminated. Turkish currency in circulation is forfeited directly, letters of guarantee by collection from the bank or insurance company, and government bonds and bonds bearing a Treasury guarantee by realisation. A performance bond that has been forfeited may not, however, be…
- GLOSSARY4734Tender Process Disputes18 April 2026
Materials Obtained from Excavation or from State Demolition
Materials obtained from excavations or from the demolition of State structures, other than those specified in the contract or its annexes. Where the construction supervision officer considers it appropriate for such materials to be used in the work subject to the contract, the contractor must use them. No preparatory materials payment is made for materials of this kind.
- GLOSSARY4734Tender Process Disputes18 April 2026
Valuables Found in Excavation and Demolition
Valuables found in excavation and demolition are the materials obtained in excavations carried out on State land and during demolition, together with the cultural assets, valuables and works of art discovered. Valuables found in excavation and demolition belong to the State, under Article 32 of the General Specifications for Works.
- GLOSSARY4735Contract Disputes18 April 2026
Lawful Strike
A lawful strike is a strike carried out in accordance with the provisions of the legislation, where a dispute arises during the conclusion of a collective labour agreement, with a view to protecting or improving the economic and social position and working conditions of the workers. In the performance of a contract, a lawful strike is one of the events of force majeure under Article 10 of Law No…
- GLOSSARY2886Public Real Estate18 April 2026
Sale of Immovable Property to Associations Working in the Public Interest
Associations working in the public interest are associations that have formally acquired that status under Article 27 of the Associations Law No. 5253. The sale of immovable property to such associations is carried out under Article 72 of Law No. 2886. Only immovable property registered in the private ownership of the Treasury and not allocated to a public service may be sold to them, to be used…
- GLOSSARY4735Contract Disputes18 April 2026
Application to the Public Procurement Authority on Grounds of Force Majeure
The indirect application that the contractor makes to the Public Procurement Authority within twenty days where unforeseeable and unavoidable events occur in the performance of the contract and there is no fault on its part. The conditions, procedure and period for that application are laid down in the legislation, under Article 10(e) of Law No. 4735.
- GLOSSARY4734Tender Process Disputes18 April 2026
Period for Appeal to the Public Procurement Authority (Time Limits)
The period for appeal to the Public Procurement Authority is five calendar days for applications against a decision to cancel a tender taken by the contracting authority upon a complaint or an appeal. It is ten days from the expiry of the waiting period in which it becomes clear that the authority has not replied to the complaint, or from service of notice that the complaint has not been upheld…
- GLOSSARY4734Tender Process Disputes18 April 2026
Period for Appeal to the Public Procurement Authority
The period for appeal to the Public Procurement Authority is five calendar days for applications against a decision to cancel a tender taken by the contracting authority upon a complaint or an appeal. It is ten days from the expiry of the waiting period in which it becomes clear that the authority has not replied to the complaint, or from service of notice that the complaint has not been upheld…