Regulations and Tender laws

On 17.07.12, the Knesset's Constitution, Law and Justice Committee approved an amendment to the Mandatory Tender Regulations. The amendment was published in the records on 01.08.12 and included amendments required to the regulations as a result of examining implementation and inculcation of the regulations’ reform and an extensive process of learning lessons, including: Flexibility in low-cost contracting, organization of contracting process with a joint venture, adjusting regulations for public bodies, adjustments to research institutes, matching the authority of special or interministerial committees to the authority of an exemption committee, conducting a process of examining the existence of suppliers by the Accountant General and more.

On 31.12.13, amendments to the Mandatory Tender Regulations were approved by the Knesset Constitution, Law and Justice Committee, which were published in the records on 21.01.14. Key amendments: Fixing the Temporary Order regarding powers of the Ministerial Exemption Committees, extending the authority of the Tender Committee to approve tenders in closed tenders or competitive bidding for tenders, or follow-up contracts made following competitive procedures, and the possibility of conducting a closed tender under the authority of the Tender Committee up to ILS 400,000 subject to additional terms.

Amendment 25, which was made to the Mandatory Tender Law in August 2016, concerning the integration of micro-enterprises, small and medium businesses into tenders. In accordance with the amendment, the Tender Editor must examine every contract to determine whether it can be carried out  by a micro-enterprise, small or medium-sized business, without prejudice to the product, work or service requested and, if possible, work to make adjustments to the terms of the Tender or the Contract accordingly. In addition, the Law requires the reporting of entities to whom the law applies, of data on the integration of micro-enterprises, small and medium businesses in their engagements in the past year, in order to raise awareness of the issue and ensure an increase in the participation of these businesses in tenders.

On 24.10.18, an amendment to Regulation 19c of the Mandatory Tender Regulations relating to online tenders was published. The amendment complies with the provisions of the Electronic Signature Law (Amendment No. 3), 5778-2018, which eliminated the exclusive requirement for a “secure” or “approved” signature wherever there is a legal obligation to sign, and determined that in any event where there is a signature requirement by law, the purpose of the signature requirement and the type of signature must be matched. Accordingly, the amendment to the regulations eliminates the exclusive requirement for a “secured” or “approved” signature, and specifies the purposes of the signature requirement in submitting bids for online tenders. This is intended to simplify the bidding process and make it easier for small and medium businesses to participate in online tenders.