| Administrative Affairs Court in Be’er Sheva | |||
| Administrative Petition 76604-03-25 Zalul Cleaning and Maintenance in a Tax Appeal v. Tamar Regional Council | |||
| Before | The Honorable Judge Geula Levin | ||
| The Petitioner | Clear Cleaning and Maintenance in Tax Appeals
By Attorney Eran Baruch |
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| Against | |||
| Respondents | 1. Tamari Regional CouncilMoving the venue of the Ram Karp hearing
2. Mag 58 Retention in Tax Appeal By Attorney General Gilad Wexelman and Or Avi Wazana |
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Judgment
I have before me an administrative petition in which it is requested to cancel the winning of respondent No. 2 in a tender for the provision of cleaning services to respondent No. 1, the Tamar Regional Council.
Background
- Respondent 1 - Tamar Regional Council (hereinafter: "The Council") - Published Tender 19/24 for the Provision of Cleaning Services of Open Areas, Beaches and Mechanical Sweeping Services (Hereinafter: "The Tender"). The tender was based on Weighing Quality and Price.
In the tender, Section 11 sets out a number of prerequisites, and these are relevant to our matter:
"During the last 3 years before the deadline for submitting bids in a tender, the bidder and any person related to it... Have not been convicted of more than two offenses for violating the labor laws detailed in the Third Addendum to the Labor Law for Increasing Enforcement of Labor Laws, 5772-2011 (hereinafter: the Enforcement Law, "or any extension orders" (section 11.2).
"The bidder has experience in carrying out cleaning work in at least three local authorities in each of the years 2021-2023, with the total financial scope of the works not less than ILS 5,000,000, including a tax appeal for each of the years" (section 11.4).
"The bidder and/or a person with whom he has no convictions in a final judgment, of offenses under the Foreign Workers Law and under the Minimum Wage Law in accordance with the Public Entities Transactions Law, 5736-1976 . If he has been convicted of more than two offenses according to the aforementioned laws, at least one year has passed since the date of the last conviction. The absence of such a conviction will also apply to the controlling shareholders of the bidder and its senior managers and each of the authorized signatories to the bidder (section 11.11).
In clause 25 of the tender, entitled "Disqualification of a bid due to violations of labor laws", it was determined:
"Without derogating from the threshold conditions regarding the protection of the rights of employees detailed in this document above, it is clarified as follows: