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March 13, 2021
When the board does not issue a death warrant against my father but kills him
Business, Corporate and Joint Ventures
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 […]
March 5, 2021
“Four Sons” participate in a tender – who will win?
Public Law, Environment and Tenders
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.
January 10, 2021
I promised, but did not promise to keep – the risk of contracting local authorities
Public Law, Environment and Tenders
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
November 15, 2020
Cancellation of tender – the thin line between legitimate and unreasonable
Public Law, Environment and Tenders
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.
August 5, 2020
My favorite tenders are blue and white
Public Law, Environment and Tenders
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 […]
May 24, 2020
When tendering morality and insanity
Public Law, Environment and Tenders
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 […]
January 14, 2019
The Risk of Disqualification of a Tender Win Due to Failure to Meet Time Restrictions Following the Win
Public Law, Environment and Tenders
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 […]
April 22, 2018
When will a defective bank guarantee‎ result in disqualification of tender bid?
Public Law, Environment and Tenders
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 […]
February 9, 2018
Change of Terms after Execution of Agreement with Tender Winner
Public Law, Environment and Tenders
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 […]
January 2, 2018
You lost the tender, is it the end of the story?
Public Law, Environment and Tenders
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 […]
November 6, 2017
Liability of shareholders for tax debts of the Company
Taxation and Government Incentives and Funding
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 […]
September 11, 2017
Completion of Details in a Tender Bid
Public Law, Environment and Tenders
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 […]
May 10, 2017
Cancelation of Tenders, When?
Public Law, Environment and Tenders
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 […]
August 19, 2015
Compensation for illegal denial of win in a tender
Public Law, Environment and Tenders
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 […]
June 10, 2015
Participation in Tenders – Second Article
Public Law, Environment and Tenders
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. […]
May 27, 2015
Participation in Tenders in Israel
Public Law, Environment and Tenders
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 […]
June 11, 2014
When is it possible to legitimize a defect that fell on the tender bank guarantee?
Public Law, Environment and Tenders
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 […]
March 2, 2011
Power of governmental promise
Public Law, Environment and Tenders
December 8, 2010
City tax exemption for a non-profit organization
Public Law, Environment and Tenders
One of the central areas dealt with by the administrative department of our firm is property tax. In this framework, the firm accompanies many local authorities in their day-to-day operations, as well as businesses that seek to examine their obligation to pay municipal tax bills in which they have been charged or to act in […]