A transportation service provider moved the Court for cancellation of a tender published by a local authority, inter alia, because it was "not informed" of its publication.
The Court rejected the petition and held that there was no flaw that justified the Court intervention. A Court intervention in tender proceedings will be done sparingly and only in cases where there is a material defect that goes to the root of the proceeding. The Court will not normally replace the authority's discretion with its own discretion. A local authority is not obligated, by virtue of the law, to inform a supplier or any other party in advance of its intention to publish a new tender, other then the publication prescribed by law. Here, the tender was published publicly in the written press as well as on the local authority's website as required by law, where any potential bidder, including the current supplier, could have known about the existence of the tender and participate therein. Therefore, there was no defect that justified the Court's intervention and the petition was rejected.