Stop everything, wait for me! – On Interim Orders and Freeze of Engagements in Tenders
Unlike the private business sector, the contractual engagements of a public authority are subject to the principles of administrative law, primarily the duty to ensure the rule of law, maximize the public interest, prevent corruption, and strictly adhere to sound administrative practice. These foundational principles are the main rationale behind the mandatory public tender (procurement) obligation imposed on public bodies.
The normative framework is designed to establish objective standards for selecting the optimal bid that best serves the authority’s needs, while scrupulously maintaining the principle of substantive and procedural equality among all bidders. Participation in an Israeli public tender requires deep expertise and meticulous application of administrative law and the relevant dedicated regulations. Technical or substantive deviations may lead to the immediate disqualification of the bid.
Recognizing the administrative and legal risks inherent in competitive processes, high-quality legal counsel should not be limited to retroactive litigation. Instead, it begins at the stage of early analysis of the tender documents, strategic construction of the contractual framework, and strict compliance with the law relevant to the subject matter of the tender—thereby mitigating legal risks and optimizing the chances of success.
Areas of Expertise
Our firm specializes in administrative law, broad public law, and regulation, with an emphasis on providing comprehensive legal support in the following core areas:
- Tender Law and Public Procurement: Strategic consulting and guidance through tender processes, assistance with preparing bids and drafting tender documents, and representation in administrative petitions challenging decisions made by tender committees.
- Election Law (Electoral Law): Legal counsel for political bodies, candidates, and lists in Knesset and local authority elections. This involves regulation of election funding, rules for election propaganda (campaigning), electoral purity, and representation in Court petitions and applications to disqualify candidates before the competent judicial instances.
- Environmental Law and Hazardous Materials: Representation and legal guidance vis-à-vis authorities in the field of environmental regulation and licensing. This includes managing criminal and administrative proceedings related to environmental liability and the handling of hazardous materials.
- Public Law and Representation Against Authorities: Representing governmental, municipal, and public bodies, as well as providing private and commercial guidance in dealing with administrative authorities on matters of immigration, licensing, and general regulatory compliance (regulation).