Peretz, the head of the server procurement and communications department at Maman, testified that his clear position was that the invitation to Harel should be issued in light of the agreement between it and a civil appeal (Peretz's testimony, p. 1706, s. 9 - p. 1707, s. 29).
The evidence from real time supports that Peretz tried to push and bring about that it was Harel that would accept the order even after receiving the offers until the last minute (as appears from the email correspondence N/21; and see also P/60, which shows an attempt by KinTurk to receive another offer from Harel; in response to this, Gershon Leshem, the procurement manager at Maman, who was in charge of Peretz, instructed N/21 to approve the order for Levy and explained this by the competitive prices offered by Wee; from the correspondence there was an argument for a certain instruction not to work with Harel. It is possible due to a personal interest between Rami Saratani, manager of the Maman (cancer) factory, and Mualem, CEO of Harel; See also the testimony of Peretz, p. 1721, paras. 11-22, where he also testified that in practice, invitations continued to be issued to Harel; For the aforementioned tension vis-à-vis Harel, see also N/172; Peretz also expressed his criticism of his manager, Leshem, p. 1706, para. 9, and called the approval of the transaction with Wei, which made a cross-turn in price and despite the framework agreement with Harel and contrary to his position, "Shakshuka," p. 1707, paras. 18-23).
The existence of different positions as to the entity with which to be engaged, even among the procurement personnel themselves, indicates that there was at least some uncertainty regarding the winning, because from the point of view of the competing suppliers, there was at least a risk. This undermines the claim of competition for the sake of appearance. Similarly, Knitwerk also noted in real time in the order release form that "... The pilot was established by We. A competition was carried out between We and Harel, with which there was an agreement signed after the work began. As agreed in the meeting with the Maman personnel, the invitation goes to the We company, which gave the best offer" (P/57). Even if Wei was ultimately chosen, and even if, in view of the position of the project officials, we assume that this possibility was the most plausible to begin with, this does not lead to the conclusion that we are dealing with a fictitious pricing process, as a cover for a final selection that was made in advance. Peretz also clearly testified that even if the procurement process entered the picture late and the procurement process was not optimal, and therefore the intensity of the competition was not optimal, it is still not a matter of apparent competition (p. 1689, paras. 2-14). In any event, the defense's arguments do not justify coordination or legitimize it.
- With regard to the claims of Wei and Oshri that from the moment of valuation it was the one that carried out the pilot and the establishment of the laboratory at Elta, it ensured its victory in the project, we will add that at the point in time when Kenitork Levi and Harel approached for quotes (P/58, P/59 of December 15, 2009), the scope of Wee's actual investment was relatively limited and was not significant in relation to the scope of the project as a whole.
The evidence showed that until VMware was issued, Wei's working hours in the pilot amounted to three working days and one hour (N/333, the 4 lines above, Oshri testimony, p. 4912, s. 25 - p. 4915, s. 7; this is contrary to what is claimed in para. 78 of Wei and Oshri's response to the indictment, from which it can be implied that 193 hours of work were invested before the VMware was issued). The bulk of the work was done only after Wee won the project (ibid.).