(d) The mistake and its amendment do not confer an advantage to the bidder that violates the principle of equality and the other rules of the tender laws."
(Appeal Petition/Administrative Claim 5834/09 Peony HaHoresh v. National Insurance Institute [published in Nevo] (January 31, 2010).
These conditions ensure that the correction of the defect will not harm the equality between the bidder whose bid was amended and the other bidders, since when the aforesaid conditions are met, the defect is self-evident and does not require any negotiations with the bidder. There are, therefore, conditions set by the court in the Peonite Hahoresh ruling in order to ensure that the principle according to which the contractual power of acceptance does not transfer to the bidder, but remains in the hands of the tender arranger.
- Another layer of provisions relating to our matter is the provisions of the concrete tender regarding the possibility of correcting defective proposals. In clause 30 of the tender, entitled "General Powers of the Committee", it was determined as follows:
"Without derogating from what is stated in this competitive proceeding, the Committee reserves the right and will be entitled to act as follows:
.....
30.4 To allow the bidder an additional period of time to correct defects in his proposal, even if grounds arise for its disqualification, including correction and completion of details in the proposal, as well as any other amendment that the committee deems appropriate. In this regard, the committee will be entitled to waive certain requirements or conditions set forth in the competitive procedure documents, provided that this applies equally to all bidders. For the avoidance of doubt, the Committee will not be obligated to make use of these powers, and it will not be obligated to permit amendments or supplements as stated above, and this will be subject to the Committee's sole discretion and the needs of the Ministry and its professional considerations. The adoption of a policy that permits the correction of defects of one type does not necessitate the adoption of a policy that permits the correction of defects of another type."