On or about the same day, 20 June 2010, the ELTA Exemption Committee approved the request. The decision noted that there was no Israeli manufacturer and that "this is a competition between 3 suppliers for equipment manufactured abroad and found in Alltrade's inventory in Refurbished" (N/14 (second page); At the top of the decision page, the date was noted June 20, 2010; Next to Zaguri's signature was the date of June 22, 2010)
For the sake of completeness, it should be noted that Knitürk also prepared an order release form in preparation for the engagement with Wii (P/50, Kniturk, p. 412, paras. 23-24). In the form, Knitork once again described the procurement process as follows: "... These are servers that are no longer manufactured by IBM. Due to the constraints of the project to provide a unit similar to the one provided in the past... An inventory of servers was located in ALLTRADE, which was checked by procurement and the project and is in a new state for the use of the project. Despite this, there was competition between the suppliers Harel, Triple C and WE, with the WE offer being the best. After negotiations with WE, a savings of about $60,000 were achieved against their initial offer... The transaction meets the objectives of the procurement committee" (P/50, underline added, in the top row of a printed form next to the name of Kinturk, dated June 20, 2010; There is no date in the lines intended for other ELTA functionaries; See also the testimony of Zaguri, p. 2217, paras. 22-23 in relation to a similar form, P/49, that the date here does not necessarily reflect the date of confirmation of the order). Attached to the form was a comparison table between the bids received from V, Harel and Triple C (P/50 (second page)).
- The order – on July 5, 2010, an escort purchase order was issued in the amount of $360,900 (P/55).
- Interim summary: The evidence indicates that at the outset, old servers were identified that matched the requirements of the project, and that the project promoted the approval of Wii, which was involved in locating the servers, as a single provider. However, the acquisition of ELTA was not satisfied with this and asked to conduct a pricing in order to examine the existence of other acquisition options. The acquisition turned to Balam Anemonet. Wee, Harel and Triple C reached an arrangement to coordinate the bids to be submitted, and Harel and Triple C submitted bids in accordance with the arrangement so that Wee's bid would be the cheapest bid and in a way that would ensure its winning. This was behind Elta's back and without her knowledge. Later on, a negotiation meeting was held with Wei in which a price discount was agreed. Afterwards, the matter was brought to the exemption committee, an exemption from a tender was granted and an invitation was issued.
In the summaries, Wei and Harel raised arguments that were based, inter alia, on the project's position regarding a single supplier that preceded the BALAM, and on alleged defects in the process of granting an exemption from a tender at the end of the road, and which testify, according to the claim, that the pricing process in BALAM Anemone was a prima façade proceeding.