It was further argued that even the fact that the request for quotations was sent to Harel and Levy on December 15, 2009 as the value of pressure to receive an order before the end of the year, i.e., within a relatively short time, about two weeks, also testifies that this is a fictitious competitive proceeding.
The bottom line: Wee and Oshri's argument is that the request for quotes for VMware Lab was a competitive procedure for the sake of appearance only, that the project chose Wei to begin with, that Wei worked with the project, including the establishment of a pilot, that Kandelstein told Oshri that the order would be sent to Wey; and that the procurement requested a request for quotes but in order to disguise a choice that had already been made.
- These arguments regarding competition for the sake of appearance are unacceptable. They do not agree with Oshri and other testimonies. In any event, they do not justify the submission of coordinated proposals or the legalization of them. We will elaborate.
- In their testimony, Shahar and Oshri described significant competition over the request for quotes for the VMware lab until the last minute. Shahar described in his testimony that there was significant competition between Wii and Harel for the VMware laboratory, even at the stage of the request for quotes, and that Harel also wanted the deal, like Wie, in order to show that she knew how to make a VMware lab (Shahar, p. 3366, s. 17 - p. 3367, s. 29; where he confirmed what he said in his interrogation, P/557(3), paras. 285-328).
Above, we addressed the arguments regarding Oshri as a party to the settlement. For our purposes now, it is important that in various places in his testimony Oshri claimed – when this served him and when he tried to present the coordination correspondence in a different light – that there was competition with Harel "until the last minute" and also after the publication of the Balam report: "I know that I am competing, I am competing until the last minute, competing exclusively with Harel. I know that they [Harel] were angry that they didn't get this opportunity. I know they wanted to win the project... [I] feel the competition on the ground from Harel..." (p. 4912, paras. 1-6; See also his argument in testimony that in view of Harel's proposal in response to Balam, which was forwarded to him, he believed that Harel was making a cross-subsidy in the hope of defeating Wei, p. 4522, paras. 19-21, p. 4523, paras. 1-8; Harel Competitions, p. 4524, paras. 12-13; and that as far as he was concerned, he believed that Shachar was harnessing him (Oshri) in order to fight Harel's offer and to overcome Harel's attempt to defeat Wei, p. 4525, s. 8, s. 17-21).