She further argued that since the Petitioner did not participate in the tender, she had no standing right to petition for its cancellation.
The reply includes a response to the other arguments of the Petitioner, and in summary, it should be stated that the Municipality is of the opinion that there was no flaw in its conduct or in any of its decisions, certainly not a material and fundamental flaw.
- I am of the opinion that the petition should not be accepted:
The Petitioner did not, in my opinion, point to any defect in the tender process or its terms, which may justify the court's intervention. It should be recalled that the court's intervention in tender proceedings will be done sparingly and only in cases where there has been a material defect that goes to the root of the proceeding, and the court will not ordinarily replace the discretion of the authority with its discretion.
In our case, the tender was publicly published in the written press as well as on the municipality's website, lawfully, and in accordance with the provisions of the Regulations, when any potential bidder, including the Petitioner, could have known about the existence of the tender, and participated in it. In my opinion, a reasonable time was given for the submission of bids in the circumstances, and respondent No. 2 won the tender lawfully.
Contrary to the Petitioner's argument, I am of the opinion that the Municipality is not obligated, by virtue of law, to inform the Petitioner or any other party in advance, of its intention to publish a new tender, andthe Petitioner has also not substantiated, in my opinion, its claim of fulfilling such an obligation by virtue of custom.
Certainly, the Municipality is not obligated to exercise the right of the contractual option, and to continue its engagement with the Petitioner for an additional year. I see no basis for the claim regarding a breach of the duty of good faith or the duty to act in an acceptable manner by the Municipality, in this context, when the period of engagement has expired and the right of option was given to it, at its discretion.