Zeiger testified that Harel could not buy Unix directly from IBM, but only from an authorized IBM reseller and with its approval (Zeiger, p. 5342, paras. 17-24).
- As we shall see below, the main evidence on which the accuser relied in the indictment in question was an e-mail correspondence between Zeiger from Harel and Nahum from Triple C, which continued on February 13, 2012 and February 14, 2012 (P/123). As mentioned above, at that time, ELTA's intention was to acquire a single provider, both X servers and Unix servers.
- Triple C had previously supplied computer equipment for the MPR project (Shkanevsky, p. 964, S. 21-23, S. 1-11, P/114, S. 1; and see also P/123 email dated February 13, 2012, at 4:07 P.M., where Nahum wrote to Zeiger, "I have a contract for MPR"). Triple C may have thought that this gave it a foothold in the project and an advantage. Harel benefited from the Comptroller General's agreement that applied, as stated above, to some of the X servers that were required for the project, and even submitted a proposal to the project personnel in relation to the X servers (N/79), and it is possible that she believed that this gave her an advantage.
- In any event, and as we shall see below, at the end of the day, the Civil Appeal decided to change the format of the procurement proceeding and split it. Under the combined purchase of the computer equipment for the two types of servers, the Civil Appeal chose to proceed with separate proceedings: one for the purchase of X servers (for which the eighteenth indictment is based); and the other for the purchase of Unix servers (P) (which is not included in the indictment).
It should be noted that it was Wei who won the proceeding for the supply of the Unix servers (P/91, Shkanevsky, p. 1072, paras. 10-12; P/122 (online pricing documents for the purchase of P servers; Wee's offer is the cheapest); Zeiger, p. 5364, s. 22 - p. 5365, s. 5365, s. 7; see also Shahar's testimony, p. 3452, s. 20 - p. 3453, s. 5; Shachar was referred to in the Authority's interrogation, P/557(1), paras. 365-370, where he confirmed that Wei fought Triple C in the project and purchased the Unixes from an overseas supplier; p. 3455, paras. 17-22; Section 181 of Triple C summaries; In relation to Nahum, see also P/237, paras. 535-537, paras. 550-551).