independent state in 1948, Israel has made great progress from the land of "oranges and kibbutz" to a technologically advanced state with an economy driven mainly by R&D (research and development) and high tech industries. This progress has been supported by several reforms, including liberalization of the foreign exchange markets and the creation of various incentives to attract foreign investments. In addition, Israel became a party to various international treaties with the major players worldwide (such as free trade agreements, treaties for the avoidance of double taxation, investment treaties and R&D industrial cooperation treaties). In 2010, Israel became a member of the Organisation for Economic Co-operation and Development. independent state in 1948, its legislation was composed of a mosaic of legal systems including the Ottoman and English laws. However, Israel has gradually developed an advanced judicial system, especially statutes enacted by the Knesset (the parliament of the State of Israel). Today, the Israeli legislation is a mix of common and civil law, with extensive ongoing independent codification especially in the commercial and corporate fields. With respect to public tenders and procurement law, the first rules were formulated by the courts, based on two main fundamental principles: Equality: fair competition and equal opportunity for all to enter into contracts with the public sector. Economic efficiency: safeguarding the public interest, e.g. ensuring that conditions for the public sector. The next stage in the development of tender law, by the late 1980s, was the legislation of several laws and regulations for procurement by public entities, which have mostly confirmed and developed the principles first established by the courts. As a result of the courts' attempts to set clear boundaries in order to implant appropriate standards in a young country, tender laws and regulations have been enforced throughout the years in an extremely strict and literal manner. Only very complex tenders have been allowed more flexibility. Such a strict approach has been based mainly on the equality principle mentioned above. For instance, no deviation from the tender documents is allowed, since if all potential bidders had known that such a deviation would have been permitted, maybe more bidders would have participated in the tender. Moreover, in such event participating bidders may have proposed a better price and won the tender. In addition, deviations may be an easy way to cover "foul play." an Israeli Perspective & Co. He represents both Israeli and foreign clients on a wide range of issues such as mergers and acquisitions, joint ventures, tenders, securities matters, licensing, distribution and agency agreements, breeder's rights, as well as litigation and arbitration. international tenders, infrastructure projects, and international commercial agreements. 11 Menachem Begin Street Ramat Gan (Tel Aviv), Israel 52681 +972 3 612 2030 Phone +972 3 612 2031 Fax hanans@salingerlaw.co.il muriels@salingerlaw.co.il www.salingerlaw.co.il |