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- On January 9, 2020, the ISA published the first tender concerning an invitation to receive bids for the purchase of lease rights in real estate in the "HaTziporim" neighborhood, in the city of Modi'in-Maccabim-Reut for commercial purposes (Appendix 3 to the petition).
After the publication of the first tender, the Authority posted a clarification notice on its website, which reads as follows:
"The Israel Land Authority hereby announces that an up-to-date sketch has been uploaded to the Authority's website clarifying the planning status of the lot.
This does not detract from the bidder's responsibility to check for himself and/or through professionals on his behalf the full planning information in the local authority and the competent planning authorities, including the documents of the plan that applies to the lot and its appendices, the information file in the local authority, building rights, the boundaries of the lot, bordering areas, building lines, the conditions for issuing a building permit, and any other planning purpose and/or other information relevant for the purpose of submitting the proposal and for the full performance of the bidder's obligations in accordance with the tender documents and terms."
(Appendix 4 to the Petition)
- On October 14, 2020, the Authority notified the winners of the first tender that they had won the tender. Less than a month after the win, on November 4, 2020, the winners filed a request to cancel their winnings. The Authority Granted the Winners' Request to cancel their winnings, and later ordered the forfeiture of the bail in full. In light of the dispute regarding the forfeiture of the bank guarantee, The winners of the first tender filed an administrative action against the Authority (Administrative Claim (Central District) 65358-04-21 Asset Inspection and Management in the Tax Appeal v. Israel Land Authority). On December 7, 2022, the court ordered the dismissal of the administrative action on the grounds that the relief sought in it should be clarified in the framework of an administrative petition.
- In February 2023, the winners of the first tender filed an administrative petition against the Authority's decision to forfeit the guarantee in its entirety (Administrative Petition (Central District) 10345-02-23 Asset Inspection and Management in the Tax Appeal v. Israel Land Authority). In May 2023, a hearing was held in the presence of the parties. In the end, the parties reached a settlement agreement whereby after the full forfeiture of the guarantee had passed, the ILA would forfeit only 50% of the amount of the guarantee. This compromise received the force of a judgment on January 28, 2024.
- In the meantime, In August 2022, even before the filing of the administrative petition in the framework of the first tender, the ILA published the tender in question. This tender relates to the same lot that is the subject of the first tender – Lot 705 in Block 5873, Plot 21, with an area of 1,924 square meters, for which a minimum price of NIS 2,467,630 excluding VAT was set. The Petitioner's proposal to purchase the rights in the lot was in the sum of NIS 15 million. In accordance with the terms of the tender, the Petitioner also deposited a bank guarantee for the fulfillment of its bid in the amount of NIS 1,688,000.
On March 1, 2023, the tenders committee approved the Petitioner's winning of the tender.