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FAQ

Frequently asked questions on procurement, engagement and tender laws follow. The answers are considered a recommendation only, are not binding and have no legal standing

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Not necessarily. In accordance with provision No. 7.4.10, of the Finance and Market Regulations; “Clarification questions and suppliers conference”, the last date that will be determined for response to clarification questions will be not less than 7 days prior to the last date of proposals submission, except for exceptional cases that will be reasoned in the minutes. In light of the stated, and if it was decided otherwise, please address the office of the tender organizer.
04/06/2017
Following your question on the governmental website on the subject matter, see provision No. 7.2.9, of the Finance and Market Regulations; “Maintaining knowledge and lessons learning in the work of the tenders committee”.
09/05/2017
Section 7 of the law determines that the Minister of Finance is in charge of the execution of the Tenders Duty Law. Requests for amendments to the Regulations can be forwarded to the Minister of Finance or to the Comptroller General.
25/12/2016
A telephone meeting of the committee is an exception to the rule, and it is in the discretion and interpretation of the legal advisor to the tenders committee.
20/11/2016
See provision No. 7.4.13, clause 2.4.5, of the Finance and Market Regulations.
09/11/2016
Rules on the subject of clarification questions are detailed in provision No. 7.10.4 of the Finance and Market Regulations, on the website. As a rule, the Finance and Market Regulations provisions apply to the government ministries and the support units.
31/08/2016
On this subject, see clauses 4.2.5, 4.2.6 of provision No. 7.8.3, of the Finance and Market Regulations
29/08/2016
In accordance with Regulation 3(4)(b) of the Tenders Duty Regulations, a continuation engagement will be in the identical conditions of the first engagement or such conditions that benefit the client, under circumstances in which maintaining uniformity is required for reasons of savings and efficiency.
29/08/2016
If the tenders committee will be approached by virtue of Regulation 21 of the Tenders Duty Regulations, the committee will have to discuss whether to permit the applicant to review the various materials, including the minutes of the tenders committee which decided on the cancellation of the tender. In our opinion, non-disclosure of the proposals in such reference could be reasonable.
15/03/2016
In accordance with Regulation 10(a) of the Tenders Duty Regulations 5753 – 1993, as well as provision No. 7.2.2, of the Finance and Market Regulations dealing with “Tenders Committee” and provision No. 7.1.2, of the Finance and Market Regulations dealing with “Reports and Publications”, the decisions by the tenders committee will be reasoned and indicated in the minutes, which will be signed by the committee members attending the meeting. As a rule, the publication of the committee’s decisions will be done in accordance with the case and subject to the provisions of the regulations and the Finance and Market Regulations, including publication on the governmental web site in accordance with the provisions of Regulation 1c(b).
21/07/2015
An engagement with a supplier in accordance with Regulation 23(b) obligates publication of the tender on the Manof System in as much as it is a case of arranging a new tender (Regulation 15 of the Tenders Duty Regulations), the publication of a manifesto for the establishment of a data base if it is a case of engagement in a closed tender (regulation 16), or a report on the Manof System if it is a case of a closed tender / exemption from a tender (Regulation 1c). In the event of a closed tender or exemption from a tender – the details of the engagement must be uploaded in accordance with the cause under which the engagement is made. Additionally, the chairperson of the tenders committee is required to report to the Government Procurement Administration of the failures in the tender which led to the use of the Regulation, through the form “Report of failures in a tender”. No. F7.2.9.2, and as detailed in provision No. 7.2.9, of the Finance and Market Regulations; “Preservation of information and lessons learned in the work of tenders committees”.
14/06/2015
A statutory incorporation is required to publish its decisions, in reference to an engagement that is not a tender in accordance with Regulation 1c of the Tenders Duty Regulations, on the internet site of the entity (See the definition for “Internet Site”, Regulation 1 of the Tenders Duty Regulations).
16/04/2015
In accordance with Regulation 42b(b) of the Tenders Duty Regulations 5753 – 1993, sub-regulation (a)(1), it shall apply, mutatis -mutandis on a public body that is not a ministry.
16/04/2015
In the Tenders Duty Regulations (Higher Education Institutions) 5770 – 2010, was anchored a possibility for a higher education institution to enter an engagement without a tender, with whoever won in a central tender, under the identical conditions to the Comptroller General’s conditions in that same tender, or under terms that benefit the institution (see Regulation 3(23) of those regulations).
29/03/2015
Because Magen David is an association established by virtue of the Red Magen David Law, 5710 – 1950, it is possible to engage with it in accordance with Regulation 3(7) of the Tenders Duty Regulations, subject to the approvals required by the Regulations and subject to the proceedings classification as stated in Regulation 1b of the Tenders Duty Regulations.
10/03/2015
As a rule the performance guarantee is linked to the Consumer Price Index. In transactions in which the ministry is obligated by payment terms linked to the Index or to a certain foreign currency – the linkage terms will be identical to the payment terms.
09/03/2015
In response to your question on the subject, as a rule, and in accordance with the Tenders Duty Kaw, there is no room to create a preference or a discrimination which is irrelevant in tenders, however, the Law and the Regulations allow in certain cases the granting of various preferences, in accordance with the nature of the engagement. In reference to the specific tender, please address the contact person for the tender.
05/03/2015
No. Each participant is entitled, within 30 days of the delivery of the committee’s final decision regarding the winners in the tender, to review all of the committee’s minutes, professional opinions, comparison tables, correspondences with the bidders, the final committee’s decision, the position of the legal advisor in the committee, the committee’s arguments and the winning proposal in the tender, as well as receive copies of those documents. Exceptions exist in which the tenders committee will be entitled to prevent the tender participants from viewing parts of the decision, the documents or the winning proposal as detailed above. In any event, there is no right to view the proposals of the other participants that were not declared as winners in the tender. (more on the subject, see Regulation 21 of the Tenders Duty Regulations 5753 – 1993 and provision No. 7.4.14, of the Finance and Market Regulations; “Decisions by the tenders committee regarding the winning supplier”).
05/10/2014
In cases in which the tenders committee decided to return the proposals as described in your question, the price proposal will be returned without opening it, to the bidders. In as much as there are no supplier’s identification details in the first stage, the secretary of the tenders committee, or whoever the committee authorized in this matter, will open the enclosed envelope for the identification of the bidder’s details and the return of the proposal, as stated un provision No. 7.4.11, of the Finance and Market Regulations: “Submission of bids”. The process of returning the proposals to the bidders will be documented in the minutes of the tenders committee (more on this subject, see provision No. 7.4.12 of the Finance and Market Regulations “Opening the tenders box”)
23/09/2014
The request to receive information, the examination of the responses and the discussions with the factors that submitted a response will be done with strict observance of equality among those who responded, and it is the committee’s responsibility to maintain transparency and the normalcy of the proceeding. For this reason, the tenders committee is obligated to document all the received information, and every discussion or conversation conducted with whoever submitted a response to a preliminary request for information. For example, if following the request for preliminary information, a tender is conducted, and one of the suppliers who submitted information has won the tender, each participant in the tender will be able to review the documentation related to this proceeding, as detailed in provision No. 7.4.2, of the Finance and Market Regulations “A request for information (RFI)”.
19/06/2014
The discussed engagement by the Ministry of Construction and Housing for parking was conducted in accordance with Regulation 3(14a)(a) of the Tenders Duty Regulations, because the engagement ‘for acquisition of real estate rights’ in this Regulation also includes engagements for the rental of real estate. It should be clarified that the classification of an engagement is in the discretion of the ministries’ tenders committee.
11/06/2014
The tenders committee of the ministry will send each participant in the tender a written notice of its final decision, as detailed in provision No. 7.4.14, of the Finance and Market Regulations dealing with “The decision by a tenders committee on the election of the winning supplier”. The manner in which the notice will be sent is at the discretion of the tenders committee.
08/06/2014
As a rule, the tenders committee must approve engagements prior to its execution. However, in exceptional cases, in which an engagement is requested without an advanced approval, it is necessary to act in accordance with provision No. 1.5.6, of the Finance and Market Regulations, “Performance of payments without an engagement”.
11/09/2013
Is a governmental institution obligated to buy an electric appliance, for example an electric skillet for a kitchen, which has an Israeli Standard or the approval by the Standards Institute even if the product is made in Israel?
17/07/2013
As a rule, the engagement with a foreign supplier in accordance with Regulation 3(31)(a), will only be done after conducting the proceeding of examination of existing suppliers in accordance with Regulation 3a(a), in accordance with the stated in the regulation and in provision No. 7.8.2, of the Finance and Market Regulations, which deals with “Examination of the existence of suppliers and ventures”. Additionally, with regard to the engagement of the Ministry of Tourism with a foreign supplier – see Appendix E of the Finance and Market Regulations. Accordingly, in an engagement that exceeds 4 million NIS, with a foreign supplier, the tenders committee is required to address the exemption committee for the approval of the engagement with an enclosure of a recommendation in the foreign supplier prior to the engagement [in accordance with Regulation 12 (a) of the Tenders Duty Regulations, Regulation 3(31) and provision No. 7.8.2, of the Finance and Market Regulations]. However, in as much as the engagement falls under the provision No. 7.10.3, of the Finance and Market Regulations, which deals with “Engagement with an external communication consultant”, this engagement must be concluded subject to the stated in the Finance and Market Regulations provision, and the approval by a special committee on the subject.
08/07/2013
An engagement with a designer will be done in accordance with Regulation 5(a) of the Tenders Duty Regulations, by the scale of sums and the engagement proceedings set in the Regulation
03/06/2013
In accordance with the Tenders Duty Regulations, the tender publication will be performed in a common newspaper, in a newspaper in the Arabic language, and on the internet site of the Government Procurement Administration, which was defined in the Tender Duty Regulations as “The Government Official Website”, in Hebrew and in Arabic. Additionally, the notice of arranging a public tender will be distributed by e-mail to any person who requested to be included in the subscribers’ list for the receipt of notices in accordance with this Regulation. In reference to the publication of a change in a precondition – as a rule, this issue is given to the discretion of the tenders committee. The tenders committee is entitled to update the details which appear in the notice regarding the conduct of a public tender as well as in the tender documents, as long as the last date for the submission of bids has not passed, by a notice on the government internet site. In cases of a change in a precondition or a material change in an essential term, the tenders committee shall publish, in addition to the stated file, also a notice regarding the change, in the same manner in which the original notice regarding the tender was published, and examine the postponement of the last date for the submission of the bids (see Regulation 15 of the Tenders Duty Regulations as well as provision No. 7.4.8 of the Finance and Market Regulations on the subject of “Publication of a Public Tender”).
03/06/2013
Although there is no set standard in the legislation regarding the minutes’ signature, it is desirable to sign the committee’s minutes at the end of its meeting, for the proper conduct of the tenders committee and exercising its decisions. Additionally, in accordance with Regulation 1(c) of the Tenders Duty Regulations, a reasoned decision must be published regarding engagement not through a tender, within five working days after a decision was made, as well as notices regarding the decision must be distributed within 7 workdays after the decision date (in this respect see provision No. 7.4.14 of the Finance and Market Regulations on the subject of “Decisions by the tenders committee regarding the selection of a winner”).
09/05/2013
The renders committee is entitled to decide on the selection of the best fit proposal or decide not to choose any proposal and all in order to assure the most advantages for the tender arranger, this is in accordance with the provision of Regulation 21 of the Tenders Duty Regulations. As a rule, the tenders committee will choose the cheapest proposal or the most expensive proposal, in accordance with its merit, except if it decided not to do so under special circumstances and for special reasons that will be recorded and after it provided the bidder with the lowest proposal or the expensive, in accordance with its merit, an opportunity to raise his arguments before it (see Regulation 21(b)).
21/03/2013
No. In accordance with Regulation 19 of the Tenders Duty Regulations, the tenders’ box will be opened in the presence of the tenders committee or in the presence of 3 persons at least from among those who are qualified to open a tenders’ box or members of the tenders committee. On the occasion of opening the tenders’ box, minutes will be recorded in which it will be indicated, among others, the number of proposals found in the box, its contents, the identification, an estimate if one was done, and in as much as possible also the proposed price or the asked price, in accordance with its merit. The minutes will be signed by the members of the tenders committee and/or those who are qualified and were present on the occasion of the opening of the tenders’ box (in this respect see provision No. 7.4.12 of the Finance and Market Regulation which deals with “Opening a Tenders’ Box”).
21/03/2013
In accordance with the provision of Regulation 16 of the Tenders Duty Regulations 5753-1993, the list of bidders will be updated at least once a year. Therefore, it is possible that the database will be open for joining continuously along the entire year, and it is possible that dates for update will be defined – the matter is in the discretion of the tenders committee, which manages the database.
16/01/2013
In accordance with clause 4.3.2, of provision No. 7.8.5 of the Finance and Market Regulations, the subject of which is “Engagement for the execution of a joint venture in accordance with Regulation 3(30) of the Tenders Duty Regulations, in comparison with a support proceeding”, funds that are transferred to the payment recipient as participation fees by those benefiting from the project, will not be recognized as independent sources of the payment recipient for the execution of the venture. In that provision are detailed the sources that will be recognized and those that will not be recognized as independent sources of the payment recipient for the venture’s execution.
29/11/2012
As a rule, the legislature’s intention in this Regulation is regarding engagement for the appointment of medical specialists and medical committees and not for the purpose of engagement for medical treatment services (in this respect, see Minutes No. 19 of the sub-committee’s meeting of the Constitution, Law and Justice Committee of 15.03.93 regarding the Tenders Duty Regulations).
27/11/2012
In light of the privacy protection and right of privacy principles, as those are reflected, among others, in the Privacy Protection Law 5741 – 1981 and its Regulations, and in light of the existence of alternatives for the publication of a unique supplier number, there should be no publication of the identity number in the framework of the publication of bidders lists (data bases) of the ministry
31/10/2012
Regulation 22 of the Tenders Duty Regulations 5753 – 1993, and the provision No. 7.4.7, of the Finance and Market Regulations, on the subject of “Setting the criteria for the selection of a bid”, define the rules regarding the criteria. Among others, the Regulations sets that “The tenders committee will include in the tender documents the details of all criteria, secondary tests, and the proportional weight that will be provided to select the bid which provided the maximal benefits for the tender arranger, and the manner of weighing them”.
02/10/2012
The economic structure of a limited corporation is totally different from a non-profit organization and so is also the taxation mechanism (so that there is a built-in advantage of a non-profit organization over a limited company in the matter of VAT payment). In order to neutralize the element of not knowing when a limited company competes against a non-profit organization, and in accordance with the definition “value of engagement in the Tenders Duty Regulations and clause 4.2.1.3.1 in provision No. 7.4.9, of the Finance and Market Regulations, which deals with “Defining tender’s documents”, in the renders documents must be stated that the proposed price will be the final sum, including any payment to which the bidder is subject in accordance with the law.
27/09/2012
Regulation 20(e) states that “the committee is entitled, for reasons indicated in the minutes, to invite a bidder in order to clarify details in the proposal as well as other details which it needs to make its decision, the details of the clarification will also be written in the minutes”.
12/09/2012
The decision regarding the normalcy of a bid or its disqualification will be made by the tenders committee and its arguments will be listed in the minutes (see Regulation 20 of the Tenders Duty Regulations and provision No. 7.4.13, of the Finance and Market Regulations on the subject “Examination and comparison of proposals”)
12/09/2012
The tenders committee shall send each participate in a tender a written notice of its final decisions on a form as detailed in Regulation 21 (d) of the Tenders Duty Regulations and the provision No. 7.4.14, of the Finance and Market Regulations on the subject “Decisions made by the tenders committee regarding the selection of the winner”, clause 4.5
12/09/2012
There are no definitions in this matter, but in general it can be stated that a situation in which a proposal submitted by a supplier was disqualified for various reasons, is a condition in which the proposal is not examined in comparison with the other “qualified” proposals, and it is not examined at all in accordance with the determined criteria set in the tender. This is in comparison with a situation in which a certain proposal was preferred in the framework of the examination of the criteria and weighing them.
12/09/2012
The previous version of the Tenders Duty Regulations obligated the linkage of the sums stated in the Regulations (Regulation 41) TO THE INDEX. In the framework of the reform of the Tenders Duty Regulations, which became effective on 01.06.09, the linkage clause was cancelled.
30/08/2012
In accordance with the stated in the Regulation, the price quote must benefit the tender arranger in comparison with the previous price offer by the supplier. In addition, the overall proposal must be benefitting for the tender arranger.
24/07/2012
in accordance with Regulation 14a of the Tenders Duty Regulations, the tenders committee is entitled to decide on the arrangement of a preliminary request to obtain the information it need in reference to an engagement. In the matter of the details and requirements that can be included in the preliminary request for information, see also the provision No. 7.4.2. of the Finance and Market Regulations, which deals with “Preliminary Request to Obtain Information”. Specifically as to your question, in as much as the RFI rules are maintained, it is possible to ask the price of the product just like any information detail that can be requested in the framework of the proceeding
17/07/2012
As a rule there is no limitation in the Tenders Duty Regulations, or in the Finance and Market Regulations provisions as to the participation of a certain supplier, except for the exception set in the Regulations when the case is one of an engagement in small sums – in this respect, see Regulation 3(1) of the Tenders Duty Regulations.
25/06/2012
a. There is no limitation in the Tenders Duty Regulations or the Finance and Market Regulations provisions as to the maximal wins by the same supplier, and the matter is at the discretion of the ministerial tenders committee, but for the exception set in the Regulations when it is a case of engagements in small, in this respect see Regulation 3(1) of the Tenders Duty Regulations. b. In accordance with Regulation 22(b) of the Tenders Duty Regulations, the tenders committee must include in the tender documents the details of all the criteria, secondary tests and the relative weight provided for the proposal granting the maximal benefits for the tender arranger and the manner in which those will be weighted (in this respect see also the Finance and Market Regulations Instruction No. 7.4.13, which deals with “Examination and comparison of proposals”). The tenders committee, in exceptional cases has the discretion not to publish the relative rates of the criteria in accordance with the Regulation, the secondary tests and the manner of weighing, if it is convinced that such publication as stated may harm the proper manner of conducting the tender process, for reasons that will be listed (in accordance with Regulation 22(c)(2) of the Tenders Duty Regulations). As a rule, determining the scoring method is at the discretion of the tenders committee, subject to the provisions of the Tenders Duty Law, the Regulations promulgated under it, and the provisions in the Finance and Market Regulations. In this respect, there is no differentiation between a tender in which the price criterion is determining by a discount from the maximal price, and a tender in which the price criterion is determined by stating the engagement sums
25/06/2012
Regulation 21 (a1) of the Tenders Duty Regulations permits the conduct of an additional competitive procedure in an event in which after the preparation of an estimate, it becomes apparent that all the submitted bids for the tender are not beneficial for the tender’s arranger in comparison with the estimate. In such an event, the tenders committee is entitled to determine that all the participants in the final bidders group will submit an improved price proposal in accordance with Regulation 17e(2) of the Tenders Duty Regulations. The conditions that must exist for conducting an additional competitive procedure shall be determined in the tender documents. A mandatory condition for the activation of the regulation is the deposit of an estimate in the Tenders’ Box.
31/05/2012
If the tenders committee decides to change dates in a tender or the RFI, it must be published in the same manner as the original advertisement was made. In any event, the updates and notices regarding a public tender / RFI are published on the Government internet site
30/05/2012
The validity of the appointment letter is determined by the factor appointing the committee, the Ministry's Director General or the Accountant General. The matter of appointing the exemption committee is by virtue of Regulation 10a of the Tenders Duty Regulations, and it is fixed.
28/05/2012
In a proceeding of a regular public tender with a best and final additional competing proceeding, in accordance with Regulation 17 e of the Tenders Duty Regulations, the Tenders Committee is entitled, subject to the terms enumerated in the Regulation, to advise the bidders that they are entitled to submit a final bid, in reference to their proposal, under terms that benefit the tender arranger, in comparison with their original bid.
13/05/2012
As a rule, the government ministries and the support units are subject to the Provisions by the Accountant General. Cases are possible, in which it was decided, for a variety of reasons, to alter the linkage conditions determined in the Provisions. In as much as it is a concrete case, it is possible to apply to the Procurement Administration for an examination with the relevant ministry. In reference to the Finance and Economy Regulations, which determine a minimal date, in principle, 2 cases must be distinguished: In the case of engagement prices for the acquisition of goods, services and works – the engagement prices will be linked with the changes of the relevant index, in accordance with Provision No. 7.17.2 of the Finance and Economy Regulations – “Linkage Rules”. In the case of works in the fields of infrastructures and construction – the prices will be linked to the relevant index changes in accordance with Provision No. 7.17.4 of the Finance and Economy Regulations – “”Linkage Rules in Government Tenders in the fields of infrastructures and construction”.
25/03/2012
In accordance with Section 4.6 of the Finance and Economy Regulations provision No. 7.7.1, the matter of which is “Tender guarantee and performance guarantee”, the tenders committee will determine the guarantee sum, with a consideration of the engagement value (in its definition in the Provision and without inclusion of the right of choice) and other relevant considerations – providing it shall not hint as to the budget estimate allocated for the project.
23/01/2012
Preference for Made in Israel is provided in tenders arranged by the Government in accordance with the determined in the Tenders Duty Regulations (Preference for Made in Israel) 5755 – 1995. Preference for national preference areas is provided only by the Ministry of Defence in accordance with the determined in the Tenders Duty Regulations (Preference of products from National Preference Areas), 5758 – 1998. Section 3a(a1) of the Tenders Dury Act. 5752 – 1992, defines the term “National Preference Areas” as |Areas determined in accordance with Section 40d of the Capital Investments Encouragement Act, 5719 – 1959, and other areas determined, from time to time, by the Government, in the matter of benefits in accordance with the Capital Investments Encouragement Act, or in reference of this Act”.
23/01/2012
A waiver notice is an engagement exempted from a tender of government ministries and the support units, which is published on the government internet site, as the requirement by Regulation 1(c) of the Tenders Duty Regulations. The above Regulation was promulgated as part of the reform that was done in the Regulations in the year 2009, and which places an emphasis, among others, of the value of transparency.
14/01/2012
In accordance with the Regulations, it is possible to arrange a framework agreement, following a framework tender in accordance with Regulation 17f of the Tenders Duty Regulations and the Finance and Economy Regulation 7.21.5 provision, as well as in accordance with Regulation 5(f) of the Tenders Duty Regulations, in the framework of an engagement with a specialist professional, following a competitive appeal to receive proposals. It should also be stated that the Tenders Duty Regulations determine that preference should be given to a public tender, and therefore, in as much as the ministry performs acquisitions which are repetitive, the performance of a framework tender should be examined, which is a public tender, and in accordance with the stated in Regulation 17f of the Regulations (and this is also the “solution” for the issue raised in your question). Alternatively, it is possible to engage a supplier and arrange a framework order (different from “framework agreement” which is defined in the matter of Regulation 17f) up to the maximal value of engagement determined in Regulation 3(1), and under this framework, issue work orders.
08/01/2012
In order to engage a number of suppliers, it is possible to arrange a framework tender in accordance with Regulation 17f of the Tenders Duty Regulations. Alternatively, it is possible to utilize Regulation 3(1), providing the engagement meets the terms of the Regulation.
08/01/2012
For each central tender arranged by the Accountant General, a Finance and Market Code notice is published on the Finance and Market Code provisions system chapter 16, which defines the work process which the ministry must perform when it wants to exercise the engagement, for each case individually in accordance with the rules set in the instructions.
23/10/2011
A decision as to the period of an engagement is at the discretion of the tenders committee and the approval of the competent factors to approve the engagement, in accordance with the engagements character. A continuation engagement with an exemption from a tender will be done in accordance with the stated in Regulation 3(4) of the Tenders Duty Regulations and the provisions of the Finance and Market Code “Exemption from a tender duty” No. 7.8.1.
23/10/2011
Yes. The definition of “Engagement value” in Section 1 of the Tenders Duty Regulations includes the total payments including taxes.
23/10/2011
The Accountant General has determined in the Finance and Market Code provision the rate of the guarantee, which the tenders committee must demand when publishing a tender. In tenders the estimated value of which us up to 300 thousand NIS - there is no need to require a tender guarantee as a condition for the bid submission. In tenders in which the estimated engagement value is above 300 thousand NIS – the tender guarantee rate shall be 2.5% of the estimated engagement value. The tenders committee will be entitled to increase the rate of the guarantee up to 5%, for special reasons that will indicated in the committees’ protocol. In this respect, see also provision No. 7.7.1 of the Finance and Market Code, on the subject “Tender guarantee and performance guarantee”.
23/10/2011
1. In accordance with the Tenders Duty Regulations [Amendment], 5772 – 2012, (published 1.08.12, Official Gazette 7149), an engagement for the performance of a joint venture, will be done subject to an examination proceeding regarding the existence of ventures in accordance with Regulation 3b, before approval of the venture. The notice regarding the intention to enter an engagement will be published on the internet site of the Procurement Administration, for a period of not less than 14 workdays. In accordance with Regulation 3b(c), the Tenders Committee must consider the appeals it received, and following this, reach its decision, i.e. will not be done prior to the end of the 14 days. 2. When the case is one that involves an engagement that obligates an approval by the Exemption Committee of the Ministry of Finance – the engagement must be brought for approval by the Exemption Committee, after the 14 days
23/10/2011
No. The dates to forward clarification questions to the tender arranger, and the response to such questions, are detailed in the tender documents in accordance with the Tenders Committee’s decisio
18/07/2011
No. The legal quorum for the committee’s meeting is a majority of the committee members, providing that the director general, the patroller and the legal advisor or their representatives are present in accordance with the stated in Regulation 10. The Director General or whoever he appointed as his representative will be the committee’s chairperson.
18/07/2011
We are of the opinion that Regulation 8, does not negate the authority of the tenders committee to deliberate on exemptions in accordance with Regulation 3(1), but rather allows the orderer not to receive the committee’s approval in the cases enumerated in Regulation 8. It is not the intention that in the cases mentioned in Regulation 8, the tenders committee is forbidden from deliberating on the engagement, but rather that the ordering unit – at its choice and subject to a report in accordance with Section 13 – execute the engagement under an exemption, without the committee’s approval. Enforcement for this is learnable from Regulation 13, which determines that the ordering unit is obligated to report to the tenders committee of its decision to perform an engagement without a tender in accordance with Regulation 3(1) and 8. The purpose of the report is a supervision by the tenders committee, and it is reasonable to argue, that it has the authority to intervene wherever it deems it right. It shall be stated that the Finance and Market Code provision on the subject of “”Shortened engagement proceeding”, was updated – see Finance and Market Code provision No. 7.8.3.
20/06/2011
In as much as there are options (rights of choice) in the contract, the Ministry has the freedom to decide whether or not to exercise the options. In other cases, the Ministry has the possibility to extend the engagement with an exemption from a tender in accordance with Regulation 3(4), subject to the terms of the regulation and the discretion of the tenders committee.
16/06/2011
In accordance with the Tenders Duty Regulations (amendment) 5772 – 2012 (Published 1.08.12, Official Gazette 7149), the minimal sum limitation in Regulation 3)30) was removed.
16/06/2011
Regulation 14b of the Regulations determines that when the Accountant General has arranged a central tender, a ministry shall not arrange a tender and shall not engage in any other way in an engagement which was the object of the tender, except through the central tender or the approval by the exemption committee
16/06/2011
The execution of an evolving mechanized tender will be conducted in accordance with Regulation 19d of the Regulations, in accordance with the type of the evolving tender and in accordance with the rules determined by the tender’s arranger
16/06/2011
The tenders committee is entitled to decide on the selection of the best fit proposal, or decide not to elect any proposal and all in accordance with the stated in the tender’s documents and amongst others in accordance with the criteria and its weight. For your review, see Regulation 22(a)(4) which states that the criteria can include “recommendations about the bidder, if required under the terms of the tender, and the level of satisfaction form the manner in which previous engagements were executed”. Regulation 6(b) allows to stipulate the participation in the tender by additional relevant matters, including the availability of recommendations regarding the bidder.
16/02/2011
As stated in Regulation 3(4)(b)(2)(a), it is required that the initial engagement was following a tender or a competitive request to obtain proposals. The process of the examination of a number of proposals does not meet the existing condition, therefore, the Ministerial exemption committee is not entitled to approve such engagement under an exemption, in accordance with the above Regulation.
02/02/2011
In the Regulations File 6750, Regulation 3 (29) was amended so that the words “With the approval of the Ministry’s Director General” were erased. Therefore, the Regulation’s version on the site matches the version in the Official Gazette. The significance of this is that engagement in accordance with Regulation 3(29) does not require an approval by the Director General, but is rather subject to the confirmations required by the Regulations, and amongst others, Regulations 10(a) and 12
24/11/2010
According to Regulation 3(30) there is no prevention to engage with a business company, subject to the conditions of the Regulation and the Relevant Finance and Economy Regulations. See also on this subject the provisions of the Finance and Economy Regulation No. 7.8.5. on the subject of “Engagement for the execution of a joint venture in accordance with Regulation 3(30) of the Tenders Duty Regulations, in comparison with the support proceeding”
16/11/2010
1. The process of the examination of a number of acceptable proposals will be conducted in accordance with Regulation 5(e) of the Regulations in a manner of examination of a number of proposals in a rotary cycle and in a fair manner which provides the maximal advantages for the Ministry. There is no obligation that the proposals examination will be from a list of bidders in accordance with Regulation 16. The Regulation does not contain a definition for the term “A number of proposals” and therefore it is subject to a reasonable interpretation by the tenders committee. In this matter, see the Finance and Market Regulations Provision No. 7.10.1, which deals with the “engagement with a specialist professional”. 2. The option determined in Regulation 5(f) is only with a specialist professional following a competitive appeal to receive proposals. There is no possibility to enter a framework agreement, as stated in the above Regulation, with a supplier, the engagement with which was done following the examination of a number of proposals. A Ministry which engaged with a supplier after the process of the examination of a number of proposals, will be subject to the rules of the Regulations and the provisions of the Finance and Market Regulations which apply to all engagements.
20/10/2010
A drainage Authority, although representatives of local authorities are members of it, is not a local authority, neither is it a municipal incorporation, therefore it is not subject to the tenders laws which apply to municipalities [Municipalities Regulations (Tenders)]. Because it is an authority established in accordance with the law, it is subject to the Tenders Duty Law and Regulations provisions.
20/09/2010
An engagement for purposes of renting spaces is no different than any other engagement, and it must be conducted in accordance with the Renders Duty Regulations and the provisions of the Finance and Market Regulations. In order to get a fast response in such cases, the mechanized fast tender can be used in accordance with regulation 19a and regulation 19h of the Tenders Duty Regulations and the Finance and Market Regulations provision No. 7.21.6, the matter of which is “Fast mechanized tender”. Any other method must be examined in light of the above laws.
19/09/2010
The Tenders Duty Regulations (Preference for Israeli made products) 5755 – 1995 do not apply to higher education institutions
19/09/2010
The above described engagement can be approved in accordance with Regulation 3(1) and the tenders committee has the discretion whether or not to perform a proceeding of examining the existence of suppliers, as stated in Regulation 3a, in accordance with the circumstances and the nature of the engagement. See also provision No. 7.8.2, of the Finance and Market Regulations “Examination of the existence of suppliers and initiatives”
14/09/2010
Regulation 17(a) of the Tenders Duty Regulations determines that the tender documents will be provided free of charge to anyone requesting them at the offices of the public entity, and as much as possible through the internet site. If providing the documents through the internet site is not possible, it is possible to determine delivery of the documents for a reasonable price based on the printing cost. In accordance with the stated in sub-clause (b) of the Regulation, the tenders committee is entitled to decide not to provide all the tender documents, but rather to present all or part of the documents for review at a place that it will determine under special circumstances and reasons that will be noted. The stated above applies to governmental companies and statutory incorporations, because those entities are subject to Regulation 17, as is determined in Regulations 33 and 38 correspondingly (with the necessary changes). On this subject, see also the Finance and Market Regulation provision “Definition of tender documents” No. 7.4.9. Public entites that are not government ministries and support units, must act in accordance with the provisions of the Finance and Market Regulations, as long as it was not otherwise determined in their internal procedure
31/08/2010
A public organ, including a statutory incorporation, shall act under the provisions of the Finance and Market Regulations, or in accordance with an internal procedure of that public organ (Provisions regarding employees’ rights and securing the Labor Laws will be determined, providing such do not reduce from the provisions set in this respect if the Finance and Market Regulations provisions). In this respect, see Regulation 42a of the Tenders Duty Regulations.
26/08/2010
In all matters regarding the recruitment of administrative crew for the ministry, the State Service Law (Appointments) and the Civil Service Commission instructions must be followed.
04/07/2010
Chapter F of the Regulations, applies, amongst others, Regulation 15 of the Tenders Duty Regulations on a statutory incorporation. The Regulation sets in sub-clause (e) that a notice with regard to a public tender will be distributed by e-mail to any person who requested to be included in the subscribers list to receive notices with regard to this Regulation. In sub-clause (f) is stated that the director general of an incorporation (correspondingly with the statutory incorporation) shall publish on the internet site, notice in the Official Gazette, and in reasonable frequency, also on a common newspaper as well as a newspaper in the Arabic language, the way to join the subscribers list.
30/06/2010
Regulation 1b in the Tenders Duty Regulations set a hierarchy of competitive procedures: a public tender, a limited public tender, a closed tender and an exception form conducting a tender. A public entity should prefer the publishing of a public tender even when it is permitted under the regulations, not to enter an engagement under a public tender. In cases when a public entity has decided to enter an engagement through a closed tender, it must meet the causes listed in Regulation 4, and reason why it is justified and reasonable, under the circumstances of the matter, to perform this procedure rather than a regular public tender or a limited public tender.
23/06/2010
Municipalities and local authorities are not bound by the Tenders Duty Law, 5752 – 1992 and its regulations. The engagement rules by which they are bound are included in the Municipalities Regulations (Tenders) 5748 – 1987.
23/06/2010
Engagement in the field of surveys shall be dove in accordance with Regulation 5 of the Tenders Duty Regulations, or in accordance with Regulation 5a, if the case is one that deals in the field of surveys.
09/06/2010
In accordance with Regulation 1c, the Committee’s decision regarding entering into an engagement with a winner not through a tender must be done within 5 working days after the decision’s date.
25/05/2010
An incorporation that is subject to the Municipalities Regulations (Tenders) must act in accordance with the provisions included in those regulations, including references to the Tenders Duty Regulations. On the other hand, a statutory incorporation, which meets this definitions in Chapter F of the Tenders Duty Regulations, acts in accordance with the provisions of the Tenders Duty Regulations. There is no “Choice” between the two tracks, each entity is subject to the regulations which apply to it.
24/05/2010
The opening of disqualified envelopes will be done only for purposes of returning it to the applicants, in accordance with the decision by the tenders committee only in cases in which there was no additional envelope with the bidders information, except for the tender’s envelope. The opening will be with the approval of the chairperson of the tenders committee and the presence of one of the committee’s members. In this respect see the provisions by the Planning and Finance Regulations No. 7.4.11 on the subject of “Submission of Proposals”.
07/04/2010
irst, it is not the Law that was amended but rather the Tenders Duty Regulations. As to your question, the matter is at the discretion of the tenders’ committee, which must examine whether the case involves a position requiring special trust relations, in accordance with the stated in Regulation 5(a)(2) of the Regulations
16/03/2010
It is possible to conduct one or more rounds of negotiations, all under the Regulation conditions. In this respect see provision No. 7.5.1, of the Finance and Market Regulations which deals with “Conducting negotiations with bidders in a tender”.
14/03/2010
It is not possible to prevent the bidder from placing a proposal in the tenders’ box. However, if the suppliers’ meeting was defined as a precondition in the tender documents, the rule regarding his proposal is to be disqualified.
21/02/2010
If the bidder did not submit an additional proposal, or if he submitted a proposal that is worse for the tender arranger, in such case, his initial proposal will be considered as the final proposal.
11/02/2010
Engagement in accordance with Regulation 3(1) is in the authority of the ordering unit, however, there are cases that require the approval by the tenders committee as a condition for the approval of the engagement, in this respect see the provision No. 7.8.1, of the Finance and Market Regulations “Exemption form the tender duty”, and No. 7.8.3, “engagement in a shortened procedure”. With regard to reporting, the ordering unit must report to the tenders committee of an engagement in accordance with Regulation 3(1), in accordance with the provision of Regulation 13.
10/02/2010
Chapters A, B1, and G1, of the Tenders Duty Regulation are applied in a manner that is unquestionable on public bodies that are not governmental ministries of support units
07/02/2010
The decisions by the committees and the various organs in reference to the engagement of public bodies, which are not government ministries and support units, shall become valid immediately upon publication.
07/02/2010
1. “A religious council” is defined under a “Public Body”, as stated in the Tenders Duty Regulations and in Section 2(a) of the Tenders Duty Law, and in any case it is subject to the provisions of the Regulations. 2. The engagement with an auditing CPA can be accomplished in accordance with Regulation 3(1), or Regulation 5, all in accordance with the case, and the matter is in the discretion of the tenders committee.
04/02/2010
It should be noted that Regulation 3(1) was amended under the framework of Tenders Duty Regulations (Amendment), 5772 – 2012 (Published 1.08.12, Regulations Binder 7149), so that the limitation of the number of engagements with a certain supplier, on the same matter during a continuous period of 12 months was removed
31/01/2010
In accordance with clause 4.7, in provision 7.8.2. of the Finance and Market Regulations, which deals with “Examination of the Existence of Suppliers and Initiatives”, in events that an intention exists to execute a continued engagement with an existing single supplier, the tenders committee shall examine whether its classification should be with a single supplier in accordance with Regulation 3(29) of the Tenders Duty Regulations, as a continuation engagement in accordance with Regulation 3(4) of the Tenders Duty Regulations, or as an exercising of the right of choice in accordance with Regulation, 3(c), in accordance with the circumstances of the matter [see provision No. 7.8.1. of the Finance and Market Regulations, “Exemption from a tender duty”, and provision No. 7.4.17, of the Finance and Market Regulations, “Exercising the right of choice”.], giving attention to knowhow, specialization and accumulated experience during the engagement with the ministry, will in no event be considered such that make a supplier a single supplier. In the event that the tenders committee classified the engagement in accordance with Regulation 3(4) of the Tenders Duty Regulations, the committee will examine whether to instruct the ordering unit to conduct a proceeding of examination of the existence of suppliers, in accordance with Regulation 3a(a) of the Tenders Duty Regulations, in accordance with the circumstances of the matter and in accordance with its discretion according to the stated in this provision. In all three cases, whether the additional engagement was classified as an engagement with a single supplier, as a continuation engagement, or the exercising of the right of choice, the proceeding of the examination of the existence of suppliers must be conducted in accordance with Regulation 3a(a) of the Tenders Duty Regulations, and in accordance with the stated in the provision.
14/01/2010
In accordance with Section 2a, of the Tenders Duty Law, the preconditions listed in column A of the Appendix to the Law must be determined as preconditions, in accordance with the requirements stated in column B of the Appendix to the Law. In reference to experience, Column B places a maximal requirement of 5 years, however, in Section 2a(b) is determined that if the tender arranger has set a condition that places a more stringent requirement from that which is stated in Column B of the Appendix to the Law, he must reason his decision in the tender documents.
02/12/2009
The engagement of a public body must be done in accordance with the Tenders Duty Law. The question whether the contract is void, depends on the circumstances of the case and the position of the ministry’s legal advisor’s position, and subject to any law, including the Contracts Law and the Administrative Law.
30/11/2009
It is necessary to examine whether the public institution fall under the definition of “Public Entity” in Regulation 1 of the Tenders Duty Regulations and Section 2(a) of the Tenders Duty Law. Additionally, see provision No. 7.1.1. of the Finance and Market Regulations; “Definitions on the subject of engagements and acquisitions”.
17/11/2009
No, however, the period must be reasonable under the circumstances of the matter.
10/11/2009
The Manof System serves only the government ministries and the support units for publications on the government internet site. Although governmental corporations do not use the Manof System, they are obligated to advertise in accordance with the requirements of the Regulations, on the internet site of each and every company.
05/11/2009
Engagement in accordance with Regulation 3(1) is subject to the acquisition levels in a shortened proceeding – see provision No. 7.8.3, of the Finance and Market Regulations.
01/11/2009
This depends on the decision of the ministerial exemption committee, in accordance with Regulation 10a(c), a ministerial exemption committee is entitled to stipulate the confirmation by conditions including the publication manner and managing the proceeding.
27/10/2009
In accordance with Regulation 3a of the Tenders Duty Regulations, the notice publication will be performed for at least 10 workdays. The tenders committee will be entitled to make a decision after at least 14 workdays from the publication date. In this respect see provision No. 7.8.2, of the Finance and Market Regulations on the subject “Examination of the existence of suppliers and projects”.
06/10/2009
There was no limit of the engagement period, certainly not in a tender. No limitation exists in the new Regulations and provisions. The engagement period is determined in accordance with the character and type of the required service / goods.
29/09/2009
Not all the committee members must sign. The majority of the tenders committee members are the legal quorum on its meetings providing the chairperson, the comptroller or his representative, the legal advisor or his representative are present. A committee member cannot sign the minutes if he was not present during the deliberation.
16/09/2009
Governmental corporations are subject to the Tenders Duty Regulations and preference of Made in Israel, however, this preference is cancelled when the Israeli supplier competes against companies from countries that are signed with Israel on an agreement of the governmental acquisitions.
14/09/2009
Yes, it is possible to determine a right of choice in an engagement with a single supplier. This must be stated as part of the engagement terms in the internet notice in the framework of the examination of the existence of suppliers.
13/09/2009
Regulation 11, which deals with the exemption committees, indeed does not apply to statutory incorporations, therefore, the authority to approve the exemption is in the hands of the tenders committee, or if there is another internal procedure more stringent than the stated in the Regulations.
08/09/2009
Although Regulation 3(5) is specific for governmental corporations, it does not prevent engagement with governmental corporations in accordance with other exemption regulations. We shall state an engagement in accordance with Regulation 3c, exercising an option, which is not regarded in an engagement under an exemption from a tender.
08/09/2009
The Tenders Duty Regulations do not prevent performance of a regular public tender such as the one described in your question. However, in order to prevent uncertainty by the supplier, and obtain a price quote which benefits the ministry, the maximal information must be supplied regarding the scope of the engagement to the bidding contenders in the tender. In a framework tender, more than one supplier is selected and a number of framework agreements are signed with the suppliers in a framework tender, who are competing from time to time on the supply of the goods / service.
02/09/2009
No, it is not possible to say that an extension without a monetary addition constitutes part of the first engagement. However, in accordance with the details of the question it appears that it is a case of a continuation engagement without additional cost, as it appears in Regulation 3(4)(b)(1)(b). Attention must be given to the fact that the conditions stated in clause 3(4)(b)(1) for the approval by the tenders committee, are cumulative conditions.
01/09/2009
Because the chairperson of the tenders committee signs the estimate, he is also entitled to be a partner in its preparation and examine it so that he has accurate knowledge of what he is signing.
21/08/2009
In accordance with Regulation 16 of the Tenders Duty Regulations and provision No. 7.19.5 of the Finance and Market Regulation dealing with “Publication of Bidders List” and notice No. 7.19.5.1.e dealing with “publication of bidders list (database) of the ministry”, the site will be open for public review on the internet site of the Governmental Procurement Administration as well as on the website of the ministry. In reference to the management of the database, see provision No. 7.19.2, of the Finance and Market Regulations, which deals with “Rules for the establishment of a bidders list (database) and its management”.
17/08/2009
Currently, in accordance with Regulation 16 of the Tenders Duty Regulations and provision No. 7.19.5, of the Finance and Market Regulations, which deals with “Publication of Bidders List” and notice No. 7.19.5.1.e, which deals with “publication of bidders list (database) of the ministry”, the tenders committee must conduct databases in accordance with the engagement with potential suppliers, for the purpose of the ministry’s engagement under one of the following proceedings: Closed Tender (Regulation 4 of the Tenders Duty Regulations), a competitive request to receive proposals (Regulation 5 of the Tenders Duty Regulations) and a competitive request to receive proposal (Regulation 4a.). In respect to the publication of a notice regarding the establishment of a database, see provision No. 7.19.2, of the Finance and Market Regulations which deals with: Riles for the establishment of a bidders database and its management.”
16/08/2009
It is necessary to understand the nature of the engagement in order to be able to classify it in the most appropriate way. A number of possible regulations for the classification of this type of engagement exist.
11/08/2009
In Regulation 3(4)(a) the first engagement period is defined as an engagement by the ministry including an option. In the case described in your question, since there was no option, the case is one of a period in the proximity of the original engagement. A time period was not stated because the subject can be interpreted, however, it is necessary to pay attention, the conditions listed in Regulation 3(4)(b)(1) are cumulative and in addition to the condition stated in your question, it must be that the continuation engagement is without additional cost, or if the cumulative value of all the continuation engagements done in reference to the first engagement, including the present continuation engagement, does not exceed 50,000 NIS.
04/08/2009
This is a question of budgetary policy and the subject must be examined in accordance with its merit. It is necessary to separate between the required budgetary approval and the manner in which it will be approved and the classification by the tenders committee for the engagement, is it a continuation engagement or the exercise of an option.
03/08/2009
In the Tenders Duty Regulations (amendment), 5772 – 2012 (published 1.08.12, official Gazette 7149), Regulation 3(7) was amended so that the referral is to paragraphs (5)(a)(1) and 5 (a)(2), so that it is necessary to show that engagement in this way is the most efficient, and that engagements with additional parties, in as much as those stem from the engagement with the State, will be done in a tender.
02/08/2009
In accordance with the Tenders Duty Regulations (amendment) 5772 – 2012, Regulation 3 (30) was amended so of the following conditions: 1. The engagement will be with whoever contributes of his sources at least one half of the venture’s performance cost (the limit of a minimal sum of half a million NIS was cancelled); 2. Engagements with third parties stemming from the venture, will be done by a tender, providing they are not exempted from a tender in accordance with the Tenders Duty Regulations; 3. The taking place of an examination proceeding regarding the existence of ventures in accordance with Regulation 3b, prior to the approval of the venture.
29/07/2009
In accordance with the amendment to the Tenders Duty Regulations (Amendment) 5772 – 2012 (Published 1.08.12, Official Gazette 7149), an engagement for exercising an option the source of which is a tender / exemption from a tender, in any amount, requires only the approval of the tenders committee.
27/07/2009
Publishing the establishment of a bidders’ database will be done on the government internet site. In this respect see provision No. 7.19.5, of the Finance and Market Regulations dealing with “Publication of bidders list”, notice No. 7.19.5.1.e, dealing with “Publication of a bidders database of the ministry”.
27/07/2009
In accordance with the requirements of the Tenders Duty Regulations, the ministry is required to publish the ad in newspapers (done through Lapam) as well as on the internet site of the Procurement Administration (defined as :”The Governmental Internet Site”). The publication of the site is done through the Manof System. The publication on the ministry’s website is only optional.
20/07/2009
See provision No. 7.8.5. of the Finance and Market Regulations which deals with “Engagement for the execution of a joint venture in accordance with Regulation 3(3) of the Tenders Duty Regulations, in comparison with a support proceeding”.
15/07/2009
If the scope of the engagement is up to 50,000 NIS, it is possible enter an engagement with designers through Regulation 3(1). The engagement must be performed in accordance with the stated in provision No. 7.8.3, of the Finance and Market Regulations, “Engagement in a shortened proceeding”.
15/07/2009
In the amendment of the Tenders Duty Regulations) Amendment) 5772 – 2012 (published 1.08.12, Official Gazette 7149), Regulation 3(31) was amended in such way that the incidence of the regulation is on services as well (in addition to goods).
13/07/2009
No. In accordance with the amendment in the Tender Duty Regulations (Amendment), 5772 – 2012 (published 1.08.12, Official Gazette 7149), an engagement for the exercising of an option in an engagement the source of which was tender / exemption from a tender, in any sum, requires only the approval by the tenders committee.
05/07/2009
The Finance and Market Regulations determine that where a central tender is arranged by the Governmental Procurement Administration, it is necessary to obtain the Administration’s approval to purchase an item that does not appear in the tender. After the receipt of the exception approval, it is necessary to act in the acquisition in accordance with the provisions of the Law and Regulations.
01/07/2009
In order for it to be possible to approach a number of proposers from the same field in a manner of examination of a number of proposal as determined in Regulation 5(e), the tenders committee must decide that under the circumstances of the matter, it is impossible and unjustified to conduct the engagement by way of a competitive approach to obtain proposals, and that management of a list of proposers (database) as stated in Regulation 16 is not possible under the circumstances of the matter.
01/07/2009
Yes, the ordering unit must report to the tender committee of any decision of an engagement in accordance with these Regulations and of any sum. The tenders committee must supervise and control that the ordering unit acts in accordance with the Regulations and its powers. In an engagement in accordance with Regulation 3(1) up to 50,000 NIS, it is not necessary to report on the Manof System.
30/06/2009
The position of the legal bureau is that the unit manager can be a member of the tenders committee during a discussion in a matter related to his unit. The mere fact that the discussion on a subject related to his unit does not constitute an institutional interest. In our opinion an institutional interest can arise when a certain public servant has more than one public role, in two different public or governmental bodies, operating separately one from the other, and when some of the subjects he is handling in the framework of his various positions overlap, so that he can, in the framework of his position promote his second role, taking into account considerations that must direct him in the framework of his other position etc. It shall be emphasized that the fact that a person fulfils a role as a volunteer, does not negate the determination that he has an institutional interest. For example, a state employee who is a member of a tenders committee and simultaneously serves as a director in a governmental company, shall not participate in a committee dealing with an engagement with that same governmental company.
22/06/2009
The conditions for the approval of a continuation engagement by the ministerial exemption committee are cumulative conditions, i.e. each one on the conditions must be fulfilled for the exemption committee to be entitled to approve the continuation engagement. Regulation 3(b) states a condition that the continuation engagement was performed within 5 years of the date of the arrangement of the first engagement. Regulation 3(4)(e) states that during the twelve months prior to the arrangement of the continuation engagement, no continuation engagement was performed for the first engagement, or a continuation engagement for another engagement with the same supplier and on the same matter… it appears from those two conditions that the ministerial exemption committee can approve more than one continuation engagement for periods of 12 months each, providing that the continuation engagement was arranged within the 5 years of the first engagement.
22/06/2009
In accordance with the Tenders Duty Regulations (amendment) 5772 – 2012, (Published on 1.08.12, Official Gazette 7149), Regulation 3a states that the publication duty on the internet site regarding the intention to engage with a single supplier or with a foreign supplier to acquire foreign goods, is for at least ten workdays. The possibility to apply to the committee with a reservation regarding the determination that one supplier exists that can perform the engagement is during 14 workdays from the notice publication on the internet site. The minimal period which the committee must wait until reaching a decision is at least 14 workdays.
16/06/2009
There is no duty to publish the results or the minutes of a public tender. In the event of an international public tender, in accordance with the provisions of the Finance and Market Regulations, the tenders committee is obligated to publish the results of such a tender by an ad in a daily newspaper in the English language published in Israel, within 72 days of reaching the decision (see provision No. 7.12.3, of the Finance and market Regulations; “Engagement for acquisition abroad in accordance with international agreements”).
16/06/2009
In accordance with provision No. 7.1.2. of the Finance and market Regulations, the subject of which is “Introduction to the process of engagements and procurements”, the decisions of the tenders committee will be in force immediately after they have been made. Additionally, the decision by the ministerial exemption committee, for which no reservation was submitted by a committee member as detailed in provision No. 7.2.6 of the Finance and Market Regulations; :The Ministerial Exemption Committee” shall become effective within 3 days after its publication, and in an engagement that is required urgently in order to prevent real damage, which must be executed within 2 workdays or less – immediately upon its publication. As detailed in the Finance and Market Regulation provision, there are engagements in which the count of days will start on the decision making date and not the publication date. The decisions of the exemption committee will become valid immediately upon its making.
16/06/2009
In accordance with Regulation 1c of the Tenders Duty Regulations, there is no obligation to publish the full minutes of the committee, however, the arguments which led to the decision must be published.
16/06/2009
The Tenders Duty Regulations define the internet site in the matter of a governmental ministry – as the internet site of the Governmental Procurement Administration. A ministry wishing to advertise decisions regarding exemptions, tenders etc. on the ministry’s site in addition to the publication of the Governmental Procurement Administration site, are entitled to do so
16/06/2009
In an engagement with a professional specialist in accordance with Regulation 5, the publication of an intention to perform an engagement is mandatory, but in accordance with Regulation 1c, the reasoned decision for the performance of the engagement must be within 5 working days after the decision was made.
16/06/2009
The Tenders Duty Regulations define the internet site for purposes of a government ministry as being the internet site of the Governmental Procurement Administration, including Regulation 3a. A ministry that has an interest to publish decisions regarding exemptions, tenders etc., on the ministry’s site in addition to the publication on the Governmental Procurement Administration site, is entitled to do so.
16/06/2009
Yes, the perusing right allows the participant to receive a copy of the following documents: minutes of the tenders committee, correspondences with the bidders, professional opinions prepared for the committee, the position of the legal advisor, as well as the winning proposal, subject to limitations and reservations in Regulation 17 and Regulation 21(e) of the Tenders Duty Regulations.
16/06/2009
The authority granted to the members of the ministry exemption committee appointed by virtue of clause 10a is not conferrable to another factor in the ministry.
16/06/2009
The Tenders Duty Regulations were amended so that its amendment (published in the Official Gazette on 09.02.09), including a temporary order, fully applies to the Israel Land Administration [Tenders Duty Regulations (amendment)(amendment), 5770 – 2010- published in the Official Gazette on 25.03.10]
16/06/2009
The Tenders Duty Regulations do not obligate the deposit of an estimate of the value of engagement in each tender. However, if the tenders committee decided to deposit an estimate, it must act in accordance with the stated in Regulation 17a, and even include in the tender documents a reference regarding the existence of the estimate and the significance in the tender proceedings as stated in Regulation 17(b)(7).
09/06/2009
In accordance with Regulation 10a(g), a decision by a ministerial exemption committee, regarding which no reservation was submitted, shall become valid at the end of 3 days of its publication, and in an engagement required urgently in order to prevent real damage in accordance with Regulation 3(2), immediately upon its publication.
03/06/2009
The existence of only one of the stated conditions is sufficient to reject the proposal.
03/06/2009
When there is an option in a contract, in order to exercise it, reference is made to Regulation 3c, whereas where there is no option in the contract and the expansion / extension of the engagement is requested, the reference is Regulation 3(4).
03/06/2009
Currently workforce rich service is defined in the Finance and Market Regulation as the branch of guarding, security and cleaning. At this stage, no additional branches were added above those stated in the Regulations.
03/06/2009
Regulation 17(a) states that the tender documents will be provided for review to anyone requesting it without a fee, on the internet site as well as the offices of the public body. If it is not possible to provide the documents on the internet site, it is possible to determine that they will be provided for a reasonable payment in accordance with the printing costs. Additionally, Regulation 18(b) determines that the participation in a tender can be stipulated by a reasonable payment for the tender’s production, i.e. the cost of arranging the tender.
02/06/2009
The reference is professional work that requires special knowhow and skills in planning positions in the construction field. This regulation is intended to regularize such engagements in the government following the recommendations by a special committee established after the Versailles Disaster. The committee has reached the conclusion that significant weight must be given to quality under circumstances in which the engagement is with construction planners. In this respect, see Provision No. 7.10.2, of the Finance and Market Regulations; “Engagement with Planners”
26/05/2009
Following the reform in the Tenders Duty Regulations which came into force on 01.06.09, the sum was updated from 43,000 NIS to 50,000 NIS. The cumulative sum refers to the last consecutive 12 months, and not to a calendar year, which was customary until now. In the Tenders Duty Regulations (amendment) 5772 – 2012, (published 1.08.12, official gazette 7149), Regulation 3(1) was amended so that the number of engagements in the same matter was removed and it was determined that an engagement up to the sum of 50,000 NIS is exempted from a tender duty, however, in each continuous period of 12 months, the ministry shall not engage a certain supplier, without a tender, in engagements exceeding a total if 100,000 NIS (including a continuation engagement).
10/05/2009
The exemption for the purchase of fresh food produce was cancelled. With regard to the purchase of medical equipment from a single supplier, it is possible to engage in accordance with Regulation 3(29) after the examination of the existence of suppliers in accordance with Regulation 3a(a)
22/03/2009
In the interim provision a possibility was afforded to perform a closed tender up to a sum of 500,000 NIS for one year from the incidence of the regulations. After the interim period, a closed tender will be performed only if it meets the criteria described in the regulation. In place of Regulation 4(1) the ministries were provided with a new tool, which is the fast mechanized tender, Regulation 19e.
19/03/2009
In every ministry a ministerial exemption committee will be established and its members will be: The executive manager, the comptroller and the legal advisor of the ministry, without a possibility to delegate their duties to another factor in the ministry. The ministerial exemption committee will be entitled to approve engagements under an exemption from a tender up to a scope of 4 million NIS, above this sum, the request will be forwarded to the central exemption committee of the Comptroller General, except for the exceptions stated in the regulations. The tenders committee will be entitled to approve engagements exempted from a tender up to a sum of 150,000 NIS. Decisions regarding an engagement under exemption will be published and reasoned on the internet site within five workdays after the decision was made. (See provision No. 7.2.6. of the Finance and Market Regulations: “The ministerial exemption committee”.
05/03/2009
The functions and responsibilities of the tenders committee were explicitly defined in the amendment of the Tenders Duty Regulations, as detailed in Regulation 8a of the Tenders Duty Regulations. The tenders committee power to approve engagements under an exemption from a tender was changed and stands on 150,000 NIS.
05/03/2009
A bidder is not entitled to know, at the time he submits his bid, the names of the participants. The purpose is to prevent from a participant the ability to influence in any way the other contenders when they are submitting their bids, and to create equal opportunities for a;; of them. In accordance with Regulation 21 of the Tenders Duty Regulations, each participant will be entitled, within 30 days of the notice delivery, to review all the minutes of the committee, professional opinions, comparison tables, the committee’s correspondence with the bidders, the final committee’s decision, the position of the legal advisor in the committee, its arguments, and the winning bid in the tender, as well as to receive copies of those documents. The tenders committee will be entitled to prevent the tender’s participants from reviewing parts of the decision, the documents or the winning bid as detailed above, if one of the following conditions is fulfilled: 1. In its opinion reviewing the documents may expose a commercial or professional secret, damage State Security, its foreign relations, its economy or the public safety. 2. It is a case of a legal opinion prepared in the framework of legal advice to the committee, including examination of various action alternatives or the tenders’ committee decision or the evaluation of chances and risks resulting from acceptance of the committee’s decisions during future legal proceedings. The Tenders Duty Regulations and the Finance and Market Regulations provisions are published on the government internet site (The Government Procurement Administration Site).
19/02/2008