On October 5, 2011, an internal correspondence was held in Harel regarding the submission of its bid for a tender. Harel's CFO addressed Zeiger a number of questions regarding the Mapi tender (P/266, P/348, Zeiger, p. 5977, paras. 2-9). Zeiger replied that the estimate of profitability in the Mapi tender is about 10%-12%, and that Harel knows how to respond to the requirements of the tender with regard to handling malfunctions and providing service (P/266, P/349, Zeiger, p. 5977, S. 10 - P. 5978, S. 20, P. 5979, S. 4-9). Zeiger testified that at this stage Harel considered submitting a tender (p. 5979, paras. 20-22, p. 5980, paras. 7-13) and that all of Netapp's partners could have submitted a price quote for the MAPI tender (p. 5982, paras. 8-17; where he confirmed his words from the investigation, P/219, paras. 506-508).
On October 9, 2011 – a short time after Babayan sent Rubinstein the prices of the submission of EMET for the Mapi tender (P/82) – Babayan sent Shachar an e-mail containing prices that he requested that Shachar send to Zeiger of Harel (P/267, P/548). The prices he mentioned in Bayan were NIS 149,600 per shelf, not including VAT, and NIS 448,800 for three shelves, not including tax appeals (ibid.). Shahar forwarded the e-mail message to Zeiger and Gilad Maharel and wrote to Zeiger, "Yossi, please send these prices to a mapping tender" (P/267, Shahar, p. 2898, paras. 28-32, where he testified that the reference was to the prices to be submitted to the customer – Mappi). In other words, Shachar sent Tiger the prices that he asked Harel to submit in her bid for the IPI tender.
In doing so, Wei and Shahar tried to be a party to a coordination arrangement with Harel, according to which Harel would submit a bid to the Mapi tender at the requested prices, which were higher than the prices of Wei's intended bid. As we will see below, at the end of the day, Harel did not submit a bid for the Mapi tender.
- The bids submitted to the Mapi tender and the events after the selection of the winner – as stated above, the deadline for submitting bids for the Mapi tender was set for October 11, 2011. Two bids were submitted for the tender by Wii and EMET. Harel did not submit a bid for a tender from the Israel Land Registry (P/76).
The suggestions of V. and E.M.T. were presented as evidence at trial (P/77, P/78).