On March 16, 2025, Zalul's attorney sent a letter to the Council demanding the cancellation of Mag's winnings. It states that MAG does not meet the prerequisites in connection with the requirement of experience in providing cleaning services. It was also stated that Zalul did not receive all the tender documents, including documents that MAG completed to the tenders committee regarding the trial, at the request of the tenders committee.
- The Council rejected Zalul's claims in its response of March 25, 2025. In her letter, it was stated that The council summoned MAG to two hearings, in which MAG was asked to submit a cost and profit calculation, which was reviewed and approved. It was also stated that the council held phone calls with the officials regarding Mag's experience, and their answers did not contradict Mag's claiMs.
The Petition
- In the petition (dated March 30, 2025), Zalul petitions to cancel the decision of the tenders committee, which determined that MAG is the winner of the tender, on the grounds that it does not meet the terms of the tender.
It was claimed that MAG did not meet the requirement of previous experience in providing cleaning services as required by clause 11.4 of the tender. Mag, it is claimed, did not provide cleaning services on the required scale in three local authorities, as it declared. The Petitioner attached letters from representatives of the Tel Sheva and Lakiya local authorities, according to which Mag provided services to these authorities but did not provide cleaning services as required.
It was further argued that the documents that Mag attached to the tender (confirmation from an accountant and letters of recommendation) are insufficient and do not constitute evidence of the required experience.
- Zalul further claims that MAG does not meet the condition set out in clause 25.1 of the tender. It is claimed that On March 16, 2022, a verdict was handed down in the matter of MAG and its shareholders in a criminal case 9289-09-19 State of Israel v. Mag 58 Guard in Tax Appeal and Yaakov Dahan [Nevo] whereby the defendants were convicted of offenses under Sections 25 and26 of the Wages Protection Law, 5718-1958, and offenses under sections 2, 14 and15 of the Minimum Wage Law, 5747-1987, offenses mentioned in the Second Addendum to the Labor Courts Law, 5729-1969, as stated in the terms of the tender.
It was claimed that the deadline for submitting bids in the tender is September 18, 2024 at 12:00; The bidder and the shareholders of MAG were convicted on February 28, 2022, and the sentence was given as aforesaid on March 16, 2022. That is, 31 months (two and a half years) before the last day of submission of the tender.
- Zalul is also shackling against the council's conduct.
It was claimed that it did not work properly In examining Mag's compliance with the terms of the tender. It relied on insufficient documents, did not require official documents (such as invoices and copies of tenders), and did not conduct an in-depth examination of claims Clear. In addition, it claims Clear that the council withheld relevant documents from it, including the minutes of hearings and legal opinions which was mentioned in the committee's minutes. The Petitioner Claims that the council agreed to accept a "delusional argument" according to which Mag carried out cleaning work under a tender for security services.
- The Council is of the opinion that the petition should be dismissed, in limine and on its merits.
According to the Council, the petition should be rejected due to a lack of cleanliness, since Zalul concealed all the evidence presented to it by the Council in response to its preliminary requests. It was claimed that Zalul does not deal with the fact that MAG has attached approvals from the Tel Sheva Local Council and the Kia Local Council to carry out cleaning work for them.