Articles25 found

An article on the possibility of issuing an order freezing the tender contract until the petition filed by the losing party in the tender is investigated. The article was written by Attorney Yair Aloni of Afik & Co.

An article on the subject of tender rules in the State of Israel. The article was written by Adv. Yair Aloni of Afik & Co.

An article on the possibility of charging property tax to a person who does not use the property by himself, including a shareholder in a company. The article was written by Osnat Nitay of Afik & Co

An article on tenders and the paramount importance of getting legal advice not only in the field of tenders but also in the field of the tender contract, before submitting a bid in the tender. The article was written by attorney Shelly Wilner from Afik & Co.

We all know that the cheap may turn out to be expensive. Does this rule also apply to tenders? Can a public authority afford not to choose the cheapest offer and in what cases can a bidder be denied a win just because it submitted a financial offer that is simply “too good”? A tender […]

My father – David Afik – passed away from Corona in December, 2020, although he never contracted the virus. My father was executed at the age of 86 under a death sentence imposed on him by the Israeli government, even though it never took a decision to kill him. Au Contraire, the death sentence was […]

An article in the spirit of Passover on the right way to submit a bid for a public tender and the importance of legal assistance by a lawyer with experience in the field. The article was written by Yair Aloni, Adv. of Afik & Co.

An article on the importance of taking the correct measures when contracting a local authority, in order to avoid a later repudiation of the agreement and refusal to pay the consideration

An article on the ability of the Tenders Committee to cancel a tender after opening the bids and then launch a new tender. The article was written by Adv. Yair Aloni, from Afik & Co.

Public protests over the government’s handling of the COVID-19 crisis are supported by many due to the lack of support for small local businesses, especially at a time when a global health crisis is undergoing. Therefore, and in a strong contrast to this, it is surprising that when it comes to large ‘businesses’, i.e. giant […]

A famous saying attributed to Albert Einstein states that insanity is doing the same thing over and over again and expecting different results – does this apply also to public tenders? If a shopping mall discovers that a tenant with a turnover-linked rent provided false data, the owner would be insane to ever lease to […]

A winner of a tender was late by four days in one of the payments required to be made in order to consummate the win – is this a technical glitch or a material defect that may result in the cancellation of the winning in the tender? A decision given by the Israeli Supreme Court […]

The Tender laws are less than forgiving when it comes to a defective bank guarantee of a bidder. The Courts apply a strict approach under which a defect in the bank guarantee leads to the disqualification of the bid other than under very limited exceptions. In many cases, a losing bidder hopes to find defects […]

In the context of a tender for marine fueling, the port requires the bidders to present a refueling barge that meets certain criteria. The winner of the tender waits until the agreement is signed with it and then informs the port that it is about to hire third party services on time charter terms to […]

A client of our firm, a Cypriot maritime bunkering company that we have been escorting for several years in its activity of bunkering at the Haifa Port, participated in a tender for the bunkering services at the Ashdod Port, but received a notice that another bidder won the tender. Under such circumstances need it immediately […]

A client of our firm, a German businessman, invested a large sum of money to purchase 40% of the shares of an Israeli company, but the investment was unsuccessful and the company closed down. A few years later, the businessman was surprised to receive a demand to pay the company’s city tax, even though the […]

The omission of a detail or a document in the submission of a bid for a tender may be considered a defect in the proposal. Does this constitute grounds for disqualification of a bid? Under which conditions may the bidder amend the mistake and complete the missing documents? It is well known that the principle […]

After the bids were opened the Tenders Committee decides to cancel the tender and publish a new and identical tender instead. Is that legal? In general, a tender may be canceled at almost any stage thereof up until execution of an agreement with the tender winner. Thus, a decision to cancel the tender may be […]

A participant in a tender may find itself in a situation where such participant’s winning was unlawfully denied by the tender committee. The outcome of this may involve considerable financial loss and may sometimes also involve damage to reputation. May such a participant demand compensation for this unlawful denial of winning? The Courts recognized the […]

Any player in the field of tenders in Israel need recognize the unique regulatory field requiring the meticulousness following of certain play rules, as any deviation from which may cause the disqualification of a tender offer. Following the article published in our publication number 179 we will try below to clarify some additional substantial issues. […]

Any player in the field of tenders in Israel need recognize the unique regulatory field requiring the meticulousness following of certain play rules, as any deviation from which may cause the disqualification of a tender offer. Tender Threshold Preconditions – meeting the tender threshold conditions is the “entry ticket” to participate in the tender. Failure […]

In many tenders, the guarantee form is an integral part of the tender documents, and the requirement to attach a guarantee to the bid in the tender is usually an integral part of the threshold conditions. The implication of this is that almost any defect that has fallen on the guarantee will be considered an […]

In tenders law, the date of raising claims regarding the validity of the tender and the decisions of the tenders committee is of special importance, as failure to take legal action on time may, in certain circumstances, establish a procedural barrier of ‘estoppel’ and ‘impediment’ and cause the Court’s non-intervention.  So, what is the right […]