Chinese Infrastructure Firm Challenges Israeli Decision Over Haifa Port Tender
Posted on Apr 14, 2024 by Ifi Reporter
Chinese infrastructure giant China Harbour is refusing to accept the decision by the Israel Ports Company to disqualify it from bidding on the tender for constructing the new distillery port in Haifa Bay. The Israel Ports Company cited "reasons of national security" for its decision, a move vigorously contested by China Harbour.
In a submission to the District Court in Tel Aviv, China Harbour argued that the decision-making process was influenced by external factors, primarily the National Security Headquarters (NSH), rather than the independent judgment of the Tenders Committee. They accused the Tenders Committee of merely rubber-stamping the recommendation of the security authorities, without exercising due diligence or independent judgment.
China Harbour highlighted that the Tenders Committee members were not privy to the underlying reasons for the security authorities' recommendation, undermining the transparency and fairness of the process. They asserted that national security concerns should not supersede the established principles of administrative and tender law, which require impartiality and scrutiny from tender committees.
The Israel Ports Company defended its decision, emphasizing the necessity of considering national security implications, particularly during times of conflict. However, they refrained from commenting further, stating that the matter is subject to ongoing legal proceedings.
The dispute underscores the delicate balance between national security interests and the principles of fair competition and transparency in tender processes. A discussion on the matter is scheduled for May 1, signaling a prolonged legal battle ahead. Stay tuned for updates as the case unfolds.
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