Our Expertise in Tender Law
The field of tenders and procurement is dynamic, constantly evolving, and presenting new challenges. To ensure optimal results, it is crucial to involve a skilled Tender Law Attorney from the very initial stages of the bidding process. A professional and experienced attorney will guide you throughout the process, successfully address all obstacles, verify the accuracy of your documents, and handle any issue that may arise.
Why is Choosing a Specialized Tender Attorney Critical for Success?
In the complex legal landscape, selecting a Tender Law Attorney with proven expertise and a track record of success is critical. This choice can secure a significant competitive advantage and save valuable time, money, and resources:
In-Depth Understanding of Law and Regulations:
An experienced attorney is intimately familiar with procurement laws, related jurisprudence (case law), and mandatory procedures, which helps ensure the client meets all legal requirements optimally.
Risk Identification and Avoidance:
Proficiency in the field enables a skilled attorney to identify potential problems in the tender early on, raise warnings, and prevent losses, delays, or legal complications.
Precise Drafting and Quality Formulation:
Tenders are characterized by strict formal requirements demanding a high level of accuracy and conformity. A specialized attorney ensures that documents are professionally and accurately written, emphasizing technical details and full compliance with the contracting entity’s requirements, which maximizes the chances of success.
Representation and Dispute Management:
In the event of disputes, an experienced attorney will provide creative and effective solutions for alternative dispute resolution outside of court, or will professionally manage the legal proceedings, safeguarding the client’s rights and ensuring the best possible outcome.
Maximizing Success Rates:
The knowledge, experience, and tools of a thorough Tender Law Attorney significantly increase the likelihood of winning bids and managing them in a way that leads to the optimal result for the client.
Why is an Attorney with Unique Expertise in Tender Law Required?
The field of tenders contains many “pitfalls” that can harm the chances of success for a submitted bid. In many cases, attorneys who are not proficient in the field submit objections to tender committees or administrative petitions with basic errors that cause the client to fail. Conversely, a Tender Law Attorney with experience and specific knowledge can immediately identify these issues and prevent mistakes that might jeopardize success.
Every bid in a tender includes various components, each requiring a unique and tailored approach. Critical documents such as the bank guarantee and the price quote form demand special attention.
In many instances, lawyers who are not specialists in tender law make fundamental mistakes that knock their clients out of the game.
Example 1: Failure to Attach the Client’s Bid to the Petition When seeking the remedy of being declared the winner, an attorney who fails to attach the client’s original bid to the petition is making a crucial error. There is established case law determining that this defect alone precludes the possibility of declaring the petitioner as the winner. This remains a common mistake that causes many petitions to be rejected. We have successfully caused the rejection of administrative petitions due to this very reason.
Example 2: Failure to Address the Issue of Laches (Undue Delay) in Advance As a highly experienced Tender Law Attorney, I deeply understand the importance of acting on a rigid timeline and preparing objections and petitions in real-time. A petition filed 45 days after the notification of losing the tender is automatically considered to be filed with laches, which can lead to its dismissal even if the substantive arguments are strong and justified. The problem is that in many cases, legal exhaustion of proceedings before the tender committee is not yet complete by this deadline. It often takes time to receive the materials under the right of inspection. Even after submitting an objection, the tender committee usually requests the winner’s response, then convenes and discusses the objection. If the issue of laches is not addressed in advance, one risks falling through the cracks. Therefore, when our clients approaching the tender’s laches deadline, it is crucial for me to ensure that the doors of the court remain open for them. In appropriate cases, I file a special proceeding with the Administrative Affairs Court, requesting an extension of time to file a petition.
These are just a few examples, but there are many more. It is important to note that while some technical defects can be corrected relatively easily, there are substantive defects that are nearly impossible to rectify. The distinction between technical and substantive defects, combined with precise drafting of the objection and petition, can change the outcome. Sometimes, a critical argument is hidden “in plain sight.” The court examines the tender committee’s decisions based on the arguments raised in the objection.
Expert Tender Law Attorney | Dr. Guy Carmi
As an experienced attorney with extensive seniority in the procurement arena, Dr. Guy Carmi combines in-depth knowledge and long-standing experience that yield a significant competitive advantage. Dr. Carmi operates proactively to prevent legal pitfalls, while meticulously ensuring full compliance with the strictest standards and legal requirements. In cases of disputes or appeals, Dr. Carmi represents his clients with resolve and professionalism, maintaining an uncompromising dedication to their rights and a constant aspiration to achieve the best possible outcome.
Dr. Carmi possesses extensive experience in dozens of tender administrative petitions and in representing all relevant players in tender law. Dr. Carmi’s reputation in the field of tenders and the high professional standard of his work lead Tender Committees and the Courts to treat his appeals seriously, with the court being attentive to his arguments.
Dr. Carmi consistently represents the Tender Committee of Clalit Health Services, one of the largest entities in the Israeli economy, and additional tender committees such as Mekorot (Israel’s National Water Company) and the Netanya Municipality. Furthermore, Dr. Carmi has represented dozens of companies that won tenders and were forced to defend their win in court, or companies that lost and challenged the victorious competitor.
His prominent clients include major companies in the economy, including the Tender Committees of Clalit Health Services, Mekorot, and the Netanya Municipality, large international clients such as Alstom (Jerusalem-Tel Aviv Railway Line Tender), Keinan-Sheffy Ltd., Medtechnica Orthophone Ltd., ILEX Medical Ltd., Nevo Medical Ltd., Sheleg Lavan (1986) Ltd., transportation companies (Bon Tour, Metayley Al-Mi), large contractors (Peretz Bonei Hanegev, Sharbat Brothers), and others.