Caselaw

Administrative Petition (Be’er Sheva) 76604-03-25 Zalul Cleaning and Maintenance Ltd. v. Regional Council Mechanized Claim in Regular Procedure - part 6

May 14, 2025
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It was claimed that Zalul presented three short, laconic letters from officials in the Tel Sheva and Lakiya local councils.  It was claimed that these documents were worthless, without basis, since all the documents were signed by people who did not work with Mag 58 at all, and therefore these letters have no weight.  It was also claimed that the tenders committee contacted the signatories of the letters presented by Zalul, and they retracted the sweeping statement that Mag 58 never provided cleaning services to the Tel Sheva and Lakia councils.

Mag further claims that she has attached to her proposal three approvals from three councils, attesting to the required experience.  It was claimed that even after the proposal was submitted, Mag produced additional specific approvals, following the committee's demand.

  1. With regard to clause 25.1 of the tender terms, Mag argues that it is not one of the 11 prerequisites listed in the tender. It was claimed that MAG meets the threshold conditions set out in Clauses 11.2 and 11.3 of the tender, according to which the bidder and his affiliate have not been convicted of more than two offenses for violating labor laws.  It was argued that section 25.1 contradicts these sections and therefore it is clear that there is an error in respect of it, and in any event it is not part of the prerequisites.

It was argued that a clear interpretation would lead to a significant reduction in the circle of bidders, so that in the end it would remain the bidder of the qualified unit.

  1. On May 5, 2025, MAG filed a "request for permission to submit a short notice of completion."

The application claims that it wishes to present additional tenders published by the Council, from which it clearly emerges that the terms of the tender that is the subject of the petition set a standard of no more than two convictions for violating the labor laws, and that this is the real intention of the Council and the way in which it conducts it on a regular basis.

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