25.1. If the bidder or any of his relatives has been convicted in the last three years prior to the deadline for submitting bids for at least one criminal offense relating to the labor laws detailed in the second appendix to the Labor Court Law, 5729-1969 (hereinafter: the "List of Labor Laws") or in the third appendix to the Enforcement Law, his proposal will be disqualified" (emphases in original).
- Three bids were submitted for the tender: The Petitioner's Proposal - Zalul Cleaning and Maintenance Company in a Tax Appeal (hereinafter: "Clear"); Respondent No. 2's Proposal - Mag 58 Company Retention in Tax Appeal (hereinafter: "Mag"); and the proposal of the A. Dynamics Holdings 2002 Ltd.
It should be noted that prior to the publication of the tender, Zalul provided the council with the cleaning services that are the subject of the tender.
- On September 18, 2024, the Council's tenders committee opened the bid box.
In the quality score, which constitutes 30% of the score in the tender, Zalul received 30 points out of 30; Dynamica Holdings received 12 points out of 30 in a 2002 tax appeal; and MAG received 20 points out of 30 (minutes of the tenders committee of February 19, 2025).
The committee members rejected Dynamica's proposal due to a score significantly lower than 20 points. They approved the proposals of Zalul and Mag, and moved on to the stage of opening the price envelopes.
When the price envelopes were opened, it became clear that Mag's financial offer was significantly lower than that of Zalul. Weighting scores in the price category, Zalul received 70 points and MAG received 90 points.
The tenders committee decided to summon Mag to a hearing, in light of the large gap between the estimate and her proposal. The committee noted:
"In light of the large gap between the estimate and the MAG 58 price quote, and since these are manpower-intensive services, the bidder will be summoned to a hearing in order to ensure that it understands the scope of the services and the constraints stemming from the geographical distance, and is able to provide the services at the proposed price while protecting the rights of the employees."