Clause 3.3.16 of the Tirat HaCarmel tender also deals with requiring the winner of the tender to submit a detailed report (an identical clause is found in clause 20 of the appendix to the special conditions and in clause 5D of the construction contract):
"The winner undertakes to present, to the Ministry or anyone on its behalf, as required, at any time, any information relating to the Mehir LaMishtaken apartment that he built under this tender, including its price, area, specifications, the sales contract signed in respect of it and any other matter relating to the project."
Clause 9 of the Appendix to the Special Conditions also states (an identical clause is found in clause 5K of the construction contract) that:
"The lessee will be allowed to begin the sale of Mehir LaMishtaken apartments, only after reporting to the Ministry of Construction and Housing or the ILA or anyone on their behalf the details as detailed in the "Declaration on Mehir LaMishtaken Apartments" form (Appendix C4 to the building contract)."
- In addition to the aforementioned documents, the appellant was required to maintain an orderly work process with the control company on behalf of the Ministry of Construction and Housing, and in fact she is subject to the instructions of the control company.
In this regard, see the email sent to the Appellant on August 2, 2017 and the work presentation attached to it (Appendix B to Mr. Friedman's affidavit), which contains information and instructions regarding the work process prior to the opening of registration for the lottery and until the sale of the apartments.
These documents include a flow chart of the timetables for the execution of various actions by the appellant after the notice of winning the tender, documents that the appellant was required to submit to the control company in order to obtain approval to hold conferences for the selection of apartments. Thus, for example, it is clarified that the Ministry of Construction and Housing will hold a lottery and the list of lottery winners will be forwarded to the contractor, who will be required to make an initial contact with the winners by email within a week to provide an explanation of the process and its timetable. According to the control company's documents, it was emphasized that: "Initial contact is mandatory and does not depend on the contractor's readiness to go to market."