Legal Updates

A tenders committee may disqualify a bidder due to criminal suspicion even if the criminal case was suppressed

July 6, 2021

The Ministry of Health's Tenders Committee held that a bidder would be able to participate in future tenders unless subject to individual examination, following the presentation of an unauthentic document, and even though the criminal case was suppressed without filing an indictment against the bidder.

The Court held that the tenders committee may condition the future participation of a bidder on an individual examination even if the criminal suspicion did not materialize to an indictment. When an authority examines bids it may review considerations of breach of moral purity, credibility and unreliability of a bidder and individually examine a bidder's right to participate in the tender. Here, the bidder filed unauthentic documents and thus, although the police file was suppressed without filing an indictment, the tenders committee was empowered to condition future participation by an individual examination.