| Administrative Affairs Court in Be’er Sheva | |
| Before the Honorable Judge Gad Gideon | |
| Administrative Petition 34210-07-24 | |
| The Petitioner | Oscar Transportation in Tax Appeal
By Attorney Ehud Gera and Attorney Shabtai Levy |
| Against | |
| Respondents | 1. Ofakim Municipality
By Attorney David Ran-Ya 2. Southern nature hikers in tax appeals By Attorney Ziad Elbaz 3. Taxis of the Jerusalem Canyon 2003 in a Tax Appeal 4. Transporters S. Rami Netivot in a Tax Appeal 5. Transportation and sightseeing axis (peaks, leverage and transportation) in tax appeals 6. Rafi Machluf Transportation in Tax Appeal 7. Sha’ar Hanegev Tours in Tax Appeal |
| Judgment
|
- This is a judgment in a petition against the decision of the tenders committee of respondent No. 1, according to which respondent No. 2 won the tender to receive proposals for the provision of transportation services for the 2020-2025 academic year.
It was decided to reject the petition, As detailed below.
- In 2022, the Petitioner won, along with other bidders, In two tenders published by Respondent No. 1 (hereinafter: "Municipality"), to provide student transportation services and teaching staff for educational institutions for the school year 5783. In addition, the Municipality entered into an agreement with the Petitioner, after conducting negotiations, for the operation of ten lines that were included in the said tenders, but no bids were submitted for them. In its response to the petition, the Municipality noted that the prices agreed upon with the Petitioner in relation to the said ten lines were higher than the maximum prices set for them in the tenders.
In the agreement signed between the Petitioner and the Municipality, it was determined (in section 8.2) Because "The Authority shall have the right of choice (option) to extend, at its sole discretion, the validity period of this contract for a period of an additional three academic yearseach time for an additional academic year, provided that the contractor is notified 60 days in advance".
On November 23, 2023, the Municipality exercised the right of option given to it and extended the agreement with the Petitioner for one year, and accordingly, the Petitioner's services were provided to the Municipality in the 2020-2024 school year as well.
On May 22, 2024, towards the end of the 2020-2024 school year, the Municipality published on its website Tender 10/24 (hereinafter: the "Tender"), for the provision of transportation services for students and teaching staff, in preparation for the 2020-2025 school year. The tender was also published in two daily newspapers in the following days. The date for submission of proposals is set for June 5, 2024. On June 6, 2024, the tenders committee convened for the purpose of opening the tenders box.