Drama in the tender for operating the shooting range: The court disqualified the winner

The District Court in Nazareth accepted a lawsuit by the company "Dani-Hai" (Caesarea Shooting Ranges) and ordered the disqualification of the company "Neshek HaTzafon" in the tender for the operation of the Ganigar shooting range. The court determined that the failure to attach an original bank guarantee to the proposal—as required by law—is not merely a technical flaw, but a substantive one that precludes victory in the tender.

The tender, published in July 2023 by the Economic Company for the Development of the Jezreel Valley, concerned the management, operation, and maintenance of the Ganigar shooting range. Only two proposals were submitted, by "Dani-Hai" and "Neshek HaTzafon," with both offering identical operating fees. The tender committee selected "Neshek HaTzafon" based on a quality score, despite the lack of an original bank guarantee.

In the lawsuit filed by "Dani-Hai" through attorney Omer Kellner of the Pearl Cohen firm, the court determined that the failure to provide the original guarantee violates the principle of equality between tender participants. It further ruled that this flaw cannot be rectified after the opening of the proposals and that the committee's decision to accept a copy and demand the original retroactively does not align with binding Supreme Court precedent.

Accordingly, the court canceled the victory of "Neshek HaTzafon" and returned the matter to the tender committee, which must now decide whether to declare "Dani-Hai" the sole winner or take other actions, including publishing a new tender. Additionally, the court ordered the Economic Company for the Development of the Jezreel Valley and "Neshek HaTzafon" to pay "Dani-Hai" legal expenses totaling 30,000 shekels.