Regulations and Tender laws
The Mandatory Tenders Law and Regulations
Publication of the Mandatory Tenders Law, 5752-1992 on 12.03.92 and drafting of regulations relating to contracting for government ministries, auxiliary units and later, the defense system (19.05.93) and other public bodies, were milestones in the development of Tender Laws in the Israeli legal system. In due course, regulations for higher education institutes were added to the Mandatory Tender Regulations. Until that time, their boundaries were formed and the content of these laws were shaped by Supreme Court's rulings sitting as a High Court of Justice.
The private bill of Knesset Member Mordechai Virshovsky, which formed the basis for enacting the Tender Law, changed the law of tenders upon publication of the Tenders Law. adopted and amended regulations to implement the law. Later, regulations were adopted and amended for implementation of the law. Subcommittee hearings of the Knesset Constitution, Law and Justice Committee, headed by Knesset Member Avraham Poraz regarding Mandatory Tender Regulations, began on 4.11.92 and ended with publication of the Mandatory Tender Regulations, 5753-1993 on 19.05.93 (hereinafter: “Mandatory Tender Regulations”). The regulations determine the framework for contracting by a public tender, various competitive procedures and tender exemption.
The law laid down the foundation by anchoring the obligation for a public tender which gives every person an equal opportunity to participate in state and government contracts to carry out transactions in goods, real estate, work or purchase services. This obligation was subsequently extended by law to kupat cholim, religious councils, local corporations, and higher education institutions.
