0The Petitioner's Response to the Request to Join -
- During the hearing, counsel for the Petitioner objected to the request to join.
- It was argued that the Applicant is "silenced" from raising any claim at this stage of the tender proceeding, since she herself has already taken legal action against the decision regarding the cancellation of the original tender, and after receiving the documents she requested, she "sat idly by" and did not act. This silence indicates a delay and that the Applicant in fact accepted the fact that her bid did not meet the conditions of the original tender and was disqualified.
- It was further argued that in any event, the Applicant's proposal did not meet the terms of the original tender, and therefore its inclusion in the proceeding "does not raise or lower", since in any case it will not be able to win the original tender and the decision that the petition deals with is only the decision not to consider the Petitioner as the winner.
- In addition, it was argued that even when the Applicant submitted her petition (to receive the tender documents), she did not add the Petitioner as a Respondent, and therefore there is a lack of good faith in the fact that the Applicant raises claims against the Petitioner regarding the non-joining of parties to the proceeding.
The Respondent's Response to the Request to Join -
- The Respondent also objects to the Applicant's inclusion in the proceeding. It was noted that the Applicant's petition was deleted by consent after the documents that are the subject of that petition were transferred to the Applicant, and as far as she was concerned, a judicial estoppel arose, so that the Applicant's current raising of arguments entails considerable delay and lack of good faith. The Respondent is also of the opinion that the dispute in the present petition is limited to the decision of the tenders committee in the Petitioner's specific matter, and the addition of the Applicant at this stage will constitute an expansion of a prohibited front, will complicate the process unnecessarily and waste precious judicial time, especially when the Applicant's bid in the previous tender was rejected.
Discussion and Decision -
- After examining the arguments of the parties and the entirety of the material presented to me, I have reached the conclusion that the petition should be dismissed.
- In advance, I would like to bring in its wording the letter of rejection that was sent to the Petitioner -
"In accordance with the court's decision of 22/07/2025 and after a hearing proceeding that was duly conducted, I hereby inform you that the tenders committee recommended not to accept your client's proposal in the tender in question, for the following reasons: