חוק חובת המכרזים (תיקון מס' 25), התשע"ו-2016Law on Tender Obligation (Amendment No. 25), 2016 · automatic translation · suggest a correction

Official summary of the law (Knesset)

The Mandatory Tenders Law (Amendment No. 25), 2016 (hereinafter – the Amendment), was passed by the Knesset in its second and third readings on 3 August 2016, and concerns encouraging the integration of micro, small and medium-sized businesses in tenders of public bodies to which the Mandatory Tenders Law, 1992 (hereinafter – the Law), applies, and reducing barriers faced by these businesses that make it difficult for them to participate in and win public tenders. First, the Amendment establishes definitions of a micro business, a small business and a medium business for the purposes of the Law's provisions. According to the Amendment, a micro business is a business employing up to five employees or whose annual turnover does not exceed NIS 2 million. A small business is a business employing between six and 20 employees or whose annual turnover exceeds NIS 2 million but does not exceed NIS 20 million, and which does not meet one of the conditions in the definition of a micro business. A medium business is a business employing between 21 and 100 employees or whose annual turnover exceeds NIS 20 million but does not exceed NIS 100 million. The Amendment also provides that in a tender whose expected contract value is less than NIS 50 million, the tender issuer may not condition receipt of the tender documents or participation in it on payment for the tender documents or for the cost of producing the tender, except in cases determined by the Minister of Finance with the approval of the Knesset Economic Affairs Committee. In addition, the Amendment imposes an obligation on a tender issuer to examine in each tender whether it can be carried out by a micro, small or medium business, without harming the requested product, work or service, and if so, it is obligated to adapt the tender or contract conditions to those businesses. The Minister of Finance, with the approval of the Knesset Economic Affairs Committee, is authorized to establish provisions regarding the examination that the tender issuer must conduct and regarding the adjustments required for the various businesses. The Amendment also provides that public bodies will be required to publish on their websites, by 31 March of each year, data on the integration of micro, small and medium businesses in their contracts during the past year. The Amendment will enter into force on the date of its publication.

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Roy Folkman, Eli Cohen, Tali Ploskov, Itzik Shmuli, Menachem Eliezer Moses, Ayelet Nahmias-Verbin, Nurit Koren, Merav Ben Ari, Makhluf Miki Zohar