Even if there were any defects in the conduct, in the proceeding or in terms of tender laws – this does not change the clear picture that emerged from the evidence. A picture according to which the request for quotes in the Baltimore project, which was made at the beginning, asked for real proposals. In any event, the claims of defects do not justify coordinating proposals. To the extent that a participant in a competitive proceeding believes that there has been some defect in the conduct of the Bidder, that there is no basis for exemption from a tender or that for any reason the proceeding is inconsistent with the requirements of the Tenders Law, the way is open for him to take any legal measure. Coordinating quotes is not among the permitted options.
As ruled, defects and problems in a competitive proceeding do not justify coordination and violation of the law "to offer various legal action options for the purpose of dealing with a problematic tender, when a tender, however bad it may be, does not permit or justify a violation of the law" (Criminal Case (Jerusalem District) 34268-03-12 State of Israel v. Seidman at paragraph 87 (February 9, 2016); See also Criminal Case (Jerusalem District) 22847-12-10 State of Israel v. Bublil at paragraphs 354 and 520 (September 13, 2018) as well as paragraphs 83-86 of the decision of January 12, 2014 in the same proceeding; see and compare also the Ben Dror (District) case at paragraph 1212 in connection with the offense of fraudulent receipt).
In her summaries, Wei also referred to what Zagori said in his testimony, according to which where an exemption from a tender is given and on the same day an order is issued, it is reasonable to assume that there is no competition (for example, at p. 2203, paras. 15-16). Rather, Value finds in this part of the testimony what is not in it. This does not teach us that in the stages prior to the exemption, and at the time of the exemption, there was no competitive proceeding and no genuine proposals were requested. They certainly do not justify coordination.