Tenders and Government Procurement Disputes

  • Widely acknowledged as being formidable litigators with the top dispute resolution team in the country, we represent clients in many of the largest and complex tender and government procurement disputes in Israel.

     

    Our clients include bidders, civil engineers, contractors, sub-contractors, concessionaires, investors, lenders, consultants, insurance companies as well as various governmental bodies, municipalities, health service funds and special purpose government companies formed to issue and conduct tenders for large projects.

     

    We offer an integrated, multidisciplinary team that draws on our firm’s top ranked litigation, regulatory, administrative law, construction and infrastructure, real estate, and tax lawyers. Our team has extensive experience resolving disputes, whether by way of negotiation or mediation, adjudication, expert determination, arbitration or court and administrative law proceedings, on a wide range of matters at every stage of the tender process including:

     

    • Challenging or defending the actions or procedures of the public body issuing or awarding a tender or procurement contract
    • Challenging the tender or procurement process due to non-compliance with Israel's Mandatory Tenders Law
    • Cost overruns
    • Disputes over the termination of a tender
    • Disputes over functional performance of tendered facilities
    • Disputes relating to building and design defects
    • Delay, disruption and force majeure disputes
    • General contractual and shareholder disputes between partners or shareholders of the successful bidder during the life of the project
    • Disputes relating to the design, construction and operation of tendered projects

     

    • Representing Shapir Civil and Marine Engineering Ltd., in numerous disputes concerning major infrastructure projects, including:

     

    (i) acting for Shapir in hearings before the Ministry of Finance, the Court Of Administrative Affairs and the Supreme Court in which we successfully defended the client from having its award to construct the northern section of the Cross Israel Highway (Route 6) being set aside by rival bidders; and

    (ii) acting for Shapir in proceedings commenced against it in respect of Shapir's bid for a tender, issued by the Ministry of Defence, to construct and maintain a major training camps complex in the Negev (in which we successfully acted for the client in having the petition dismissed)

     

    • Representing Paz Oil Company Ltd. in numerous cases involving tenders, including:

     

    (i) acting for Paz in its petition made to the Israeli Supreme Court regarding a tender issued by the Israel Land Administration for the sale of land. The petition dealt with the interpretation of one of the conditions precedent for participation in the tender, namely, that participants could only make an offer if they held rights in the land bordering the land subject of the tender; and

    (ii) acting for Paz in its petition to the Court of Administrative Matters against the Ministry of Defence in connection with the Ministry's tender for the supply of petrol and dieselRepresenting the Israel Electric Company (IEC) in proceedings relating to a disputed international public tender it issued for the purchase of high voltage power copper cables, which involved the first judicial interpretation of the Mandatory Tenders Regulations (Preference for Israeli Products), 1995

     

    • Representing Magnezi Infrastructure Ltd. in an appeal to the Supreme Court regarding a tender for the construction of recycling of waste and waste treatment plant for a new residential neighborhood in Dimona.  The Supreme Court found in favour of the client and ordered, among other things, the disqualification of the party that had originally been awarded the tender
    • Representing Phoenix Insurance Company Ltd. in a petition commenced by it against the Israel Railways Corporation Ltd. and Harel Insurance Company Ltd. to set aside the award of a tender given by Israel Railways to Harel to provide insurance to Israel Railways (the largest, in value, insurance policy to be taken by that Company). As a result of these proceedings, the original tender was set aside and a new tender, which Phoenix won, was issued
    • Representing Aerohandling Ltd.,  in an appeal to the Supreme Court with regard to the terms of a tender published by the Israel Airports Authority (IAA) to provide ground services at Ben Gurion Airport. The client was one of the original concessionaries that had provided ground services at the airport. Under the terms of the proposed tender the number of concessionaires would have been reduced from three to two and the minimum concessionaire fee would have been increased by a multiple of the original concessionaire fee.  The court ruled in favour of the client's appeal and cancelled the tender
    • Representing Teva Pharmaceuticals Industries Ltd. in proceedings relating to a tender published by the Ministry of Health for the supply of baby formula for governmental hospitals.  We represented the client before the Tenders Committee of the Ministry of Health, which led to the cancellation of the tender.  In addition, the firm represented Teva in an administrative petition submitted by Promedico Ltd. claiming that Teva should be disqualified from participation in the tender.  The court dismissed the petition in its entirety
    • Representing Interest Rates Ltd. in a series of appeals and petitions to the Supreme Court regarding a tender published by the Ministry of Finance for the setting up and operation of a financial system for the calculation of the valuation of illiquid assets for Israeli financial institutions
    • Representing Ariel University in legal proceedings defending a petition to set aside a complicated tender it issued for the characterisation, application, implementation, and maintenance of an ERP system for the university. Following the Court's hearing, the petition was dismissed
    • Representing Bar Ilan University regarding a petition challenging the results of a tender issued by the university in respect of the supply and installation of infrastructure and communications equipment at the university