Israel Airports Authority Head Office
General Commerce and Business Development
Tender Application Form
Public tender no. 2015/15/040/078/00 for obtaining a license to provide ground handling and passenger services at Ben‐Gurion Airport and the domestic and international airfields managed and
operated by Israel Airports Authority
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Tender Application Form
Public tender no. 2015/15/040/078/00 for obtaining a license to provide ground handling and passenger services at Ben‐Gurion Airport and the domestic and international airfields managed and
operated by Israel Airports Authority
1. Preface
1.1 Invitation to submit bids
The Airport Authority (hereinafter: "The Authority"), by means of the tender committee, is
hereby proud to invite you to submit your bid proposal for public tender no.
2015/15/040/078/00 for obtaining a license to provide ground handling and passenger
services for Ben‐Gurion Airport and the domestic and international airports managed and
operated by the Israel Airports Authority and to operate a VIP lounge at Ramon Airport
(hereinafter: "The Tender") , all according to the instructions of the Tender Application Form
and the Contract.
1.2 Definitions and interpretations
1.2.1. A term defined in one of the documents that composes the documents of the tender,
shall have the same meaning in all of the documents that compose the documents of the
tender, unless it is explicitly written otherwise and/or the context of those matters and/or
their linkage require a different interpretation.
1.2.2. In the event that an explicit directive is missing in the tender's documents or according
to it, what is missing shall be filled in and/or what is uncertain interpreted by The Authority
only.
1.2.3. In any case of contradictions and/or discrepancy and/or ambiguity of meaning
between the different tender documents and between the contract, the bidder shall be
obligated to follow the instruction specified in the contract, unless The Authority decrees
otherwise, according to its own exclusive judgment, explicitly so and in writing.
1.2.4. Without detracting from the instructions of paragraph 1.2.3. mentioned above, in any
case of contradictions and/or discrepancy and/or ambiguity of meaning between the
additional documents of the tender, and between themselves, the applicant shall be
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obligated to the stricter instruction towards the applicant between them, unless The
Authority decrees otherwise, according to its own exclusive judgment, explicitly so and in
writing.
1.2.5. All the terms that appear in Tender Application Form, shall be interpreted according to the interpretation that is noted by their side:
"The Rules" – The rules of the Israel Airports Authority as legislated by the power of the directives of the Airports Authority Law, 5737 – 1977;
"The Manager" – The manager of the airport or the CEO of the terminals regarding each
one of the airfields and Ramon Airfield, as defined by the following, as applicable, and/or
whomever was authorized by them;
"The Airport/ Natbag (Hebrew Acronym)" – Ben‐Gurion International Airport;
"The Fields" – The airports and airfields managed and operated by The Authority, as detailed
in the appendix to the law (as it is defined hereinafter, and including each of its updates, as
they might be), excluding The Airport (as defined above) and Ramon Airfield, Eilat Airport
and Ovda (as defined hereinafter), all of them or each one of them;
"Charter Airlines" – Airlines that operate charter flights, that the operator has entered into
a valid contract with them to provide ground handling services, whose name is detailed in
the appendix of the airlines receiving ground handling services from the operator, attached
to the contract as Appendix D and constitutes an inseparable part of it, as updated from
time to time;
"Scheduled Airlines" –Scheduled Airlines that operate flights on regular routes, that the
operator has entered into a valid contract with them to provide ground handling services,
whose name is detailed in the appendix of the airlines receiving ground handling services
from the operator, attached to the contract as Appendix D and constitutes an inseparable
part of it, as updated from time to time;
"Airline Companies" – Scheduled Airlines and Charter Airlines, as defined above;
"Interested Party" – An interested party as defined by the Israel Companies Law, 5759‐
1999, or whoever holds, indirectly (including, without excluding, through a subsidiary
company, affiliated company, or related company as defined by the Israeli Securities Law,
5728‐1968) five percent or more of the shares issued by the corporation or holds voting
power, or holds indirectly as stated the right to nominate directors of the corporation or its
general manager, or indirectly holds control (as defined by the Israeli Securities Law, 5728‐
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1968) of the same corporation, and all, to avoid all doubt, excluding holding issued share
capital (and any right that derives from the holding mentioned) by the public.
"The Invitation" – This form of Tender Application and the tender's conditions;
"The Proposal" ‐ The form of the bid application to the Tender.
"The Operator/s or Winner/s" – the bidder/s that won the Tender.
"The Contract"‐ The license contract for provision of services that shall be signed with the
winners that were awarded the contract, as worded in the attachment to this form, and all
of its appendices constitute an inseparable part of it and one of its conditions, and including
the documents of the winner's tender proposal;
"The Specifications"‐ Specifications including blueprints that describe the intended service
areas allocated to the winners of the tender attached to the form and marked, accordingly,
Appendix A1 and Appendix A2 and Appendix A3.
"The Services"‐ Ground handling services (including the sale of goods to airline companies)
and passenger services for The Airport, Eilat Airport and Ovda and The Fields, and Ground
handling and passenger services, including planning, setting up, managing and operating of a
VIP room to winner no.1 in the Ramon Airport, as detailed in the contract herein;
"License Fees for VIP services at Ramon Airport"‐ a fee charged to the operator who is
winner no. 1 as defined herein, to be paid to the Authority during the period of service, for
the obtainment of a license to provide VIP services at Ramon Airport and for a contracted
year of 12 full calendar months;
"License Fees for Ground Handling and Passenger Services at Ramon Airport"‐ a fee
charged to the operator to be paid to the Authority during the period of service, for the
obtainment of a license to provide Ground Handling and Passenger Services at Ramon
Airport for a contracted year of 12 full calendar months;
" License Fees for Ground Handling Services" ‐ a fee charged to the operator to be paid to
the Authority during the period of service, for the obtainment of a license to provide Ground
Handling Services at The Airport, Eilat Airport and Ovda, and The Fields and for a contracted
year of 12 full calendar months;
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"License Fees for Passenger Services" ‐ a fee charged to the operator to be paid to the
Authority during the period of service, for the obtainment of a license to provide
accompaniment services at The Airport, Eilat Airport and Ovda, and The Fields for a
contracted year of 12 full calendar months
"Basic License Fees for VIP Services at Ramon Airport"‐ the annual sum of the basic license
fees the Authority has set, that the operator must pay for the obtainment of a license to
provide VIP services at Ramon Airport and for a contracted year of 12 full calendar months
(relevant only to the operator whose bid is awarded the first place and will operate the VIP
Room of Ramon Airport);
"Basic License Fees for Ground Handling Services" – The sum of NIS 3,000,000 ₪(three
million New Israeli Shekels) to which VAT must be added by law, to be paid by the operator
to The Authority for the license fees for ground handling services at The Airport, Eilat Airport
and Ovda, and The Fields, as updated according to the instructions of paragraph 16.1 of the
contract, for each contracted year of 12 full calendar months, and this during the period that
begins on the day of 1.6.2016 and ends on the day of 31.12.2017;
"Basic License Fees for Passenger Services" – The sum of the fixed annual basic license fees
the Authority has set, that the operator must pay for the obtainment of a license to provide
passenger services at The Airport, Eilat Airport and Ovda, and The Fields, for each contracted
year of 12 full calendar months;
"Property Usage Fees"‐ The payment to the Authority for obtaining a license to use each of
the service locations, as defined herein;
"Service Fees" – The payment for services detailed in paragraphs 15.1.1‐15.1.2 of the
contract;
"Extra Service Fees" ‐ The payment for services detailed in paragraphs 15.1.3‐15.1.7 of the
contract;
"Winner no. 1" – The bidder whose financial proposal was awarded first place and as a
result of being awarded first place has obtained from the Authority the following licenses:
1. The license to provide ground handling and passenger services at The Airport, Eilat
Airport and Ovda, and The Fields (optional), as detailed in paragraph 4.1.1 herein.
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2. The license to provide ground handling and accompaniment at Ramon Airport, as
detailed in paragraph 4.1.2 herein.
3. The license to plan, set up, manage and operate the VIP Room and provide VIP services
by means of the Room, as detailed in paragraph 4.1.3 herein.
"Winner no.2" ‐ The bidder whose financial proposal was awarded second place and as a
result of being awarded the second place has obtained from the Authority the following
liscences:
1. The license to provide ground handling and passenger services at The Airport, Eilat
Airport and Ovda, and The Fields (optional), as detailed in paragraph 4.1.1 herein.
2. The license to provide ground handling and passenger services at Ramon Airport, as
detailed in paragraph 4.1.2 herein.
"Winner no. 3" – The bidder whose financial proposal was awarded third place and as a
result of being awarded the third place has obtained from the Authority the following
licenses:
1. The license to provide ground handling and passenger services at The Airport, Eilat
Airport and Ovda, and The Fields (optional), as detailed in paragraph 4.1.1 herein.
2. The option to provide ground handling and passenger services at Ramon Airport, as
detailed in paragraph 4.1.2 herein.
"Terminal 1" – The domestic and international flights terminal of The Airport, known as
Terminal 1;
"Terminal 3" – The international flights terminal of The Airport, known as Terminal 3;
"Authorized Signatory"‐ a person authorized to sign with binding power, for all means and
purposes, the bidder, a person authorized to sign in the name of the bidder on the bid
proposal and its appendices and the contract, should the bidder win this contract and who is
qualified to obligate the winner by signing, in all matters related to the actual provision of
service.
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"Bidder’s Manager" – a functionary, as defined by Israel Companies Law, 5759‐1999, as well
as anyone who will in practice manage the provision of services, should the bidder win the
tender;
"Private Operators" – Operators of private airplanes of General Aviation;
"Operator of Terminal GA" –The receiver of the license from the Authority i.e. Fattal Global
Terminal (2015) Co. to plan, set up and operate the terminal for General Aviation at Ben
Gurion Airport;
"Areas of Service" – built‐up defined areas that are included in Areas A and/or B and/or C in
The Airport, as well as D and/or E in Ramon Airport and as well as F and/or G in Eilat Airport
and Ovda and as well as Shaded Areas as defined herein and any other area allocated by the
Authority to the operator as part of providing the services and in order to provide the
services, according to its own exclusive judgment;
"Eilat Airport and Ovda" ‐ Eilat Airport and Ovda;
"Gross Sales Revenue for Ground Handling Services" – All revenue, in money or the
equivalent of money, which the operator shall be entitled to connected with the provision of
ground handling services at The Airport, Eilat Airport and Ovda, and The Fields, and this even
if it is not the kind of activity that is included in the license including gross sales revenue
from the sales of goods when subtracting direct costs only for the purchase of the goods and
excluding revenue derived from:
A. Income that constitutes gross sales revenue for apassenger services.
B. Fees for services charged to the Airline Companies according to the law by the operator,
on behalf of the Authority.
C. Payments for Aviation Services the operator charges from the Airline Companies for the
Authority.
D. Income deposited in trust with the operator for the Airline Companies including interest
and service charges generated by them. All while subtracting VAT alone (as much as it is
taxed at its duly payment date and according to its rate on the date of each payment);
E. Income from financial transactions that the operator has carried out and has been noted
in the operator's books.
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F. Income from hotel rooms bookings and/or rental of apartments to Airline companies and
to avoid any doubt – without subtracting any other kind or sort of payment that the
operator is required to deliver connected with the license, such as: payments to third
parties as detailed in paragraph 12.4.4.10 of the Contract, license fees, usage fees, services
fees, extra services fees, taxes, excises, tolls, service charges, (including service charges that
originate in collection of fees and payments for the Authority as mentioned above);
"Gross Sales Revenue for Accompaniment Services" ‐ All revenue, in money or the
equivalent of money, which the operator shall be entitled to connected with the provision of
accompaniment services at The Airport, Eilat Airport and Ovda, and The Fields and/or
connected to other activities preformed by the operator at The Airport, Eilat Airport and
Ovda, and The Fields, and this even if it is not the kind of activity that is included in the
license including gross sales revenue from passenger services at the lounge when
subtracting direct costs only of hosting services at the lounge, and excluding revenue
derived from:
A. Income that constitutes gross sales revenue for ground handling services.
B. Income deposited in trust with the operator for the Airline Companies including interest
and service charges generated by them. All while subtracting VAT alone (as much as it is
taxed at its duly payment date and according to its rate on the date of each payment);
C. Income from financial transactions that the operator has carried out and has been noted
in the operator's books. and to avoid any doubt – without subtracting any other kind or
sort of payment that the operator is required to deliver connected with the license, such
as: payments to third parties as detailed in paragraph 12.4.4.10 of the Contract, license fees,
usage fees, services fees, extra services fees, taxes, excises, tolls, service charges, (including
service charges that originate in collection of fees and payments for the Authority as
mentioned above);
"Gross Sales Revenue for VIP services at Ramon Airport" (for the winner of the license to
operate the VIP Room) ‐ All revenue, in money or the equivalent of money, which the
operator shall be entitled to connected with the provision of VIP services at Ramon Airport
and/or connected to other activities performed by the operator at Ramon Airport, and this
even if it is not the kind of activity that is included in the license and excluding income
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derived from: income that constitutes gross sales revenue from for ground handling and
passenger services at Ramon Airport.
And to avoid any doubt – without subtracting any other kind or sort of payment that the
operator is required to deliver connected with the license, such as: payments to third
parties as detailed in paragraph 12.4.4.10 of the Contract, license fees, usage fees, services
fees, extra services fees, taxes, excises, tolls, service charges, (including service charges that
originate in collection of fees and payments for the Authority as mentioned above);
"The Sale of Goods"‐ Selling fuel for aircraft as well as food for airpcraft, baggage tags,
equipment, suitcases and any other goods approved as such beforehand by the Authority in
writing;
"Ramon Airport"‐ Ramon International Airport in Timna in memory of Ilan and Assaf Ramon;
"Operative Areas" – As defined by the rules of the Israel Airports Authority (Entry of
Restricted Areas), 5743‐1983;
" Operational Operative Areas"‐ (1) the areas designated, according to the rules (as defined
above) for the stationing of operational equipment in Operative Areas (as defined above) or
designated areas for the stationing of vehicles and parking lots in Operative Areas (as
defined by the rules of the Israel Airports Authority [The stationing of vehicles and parking in
operational areas], 5744‐1984);
"Shaded Areas"‐ An area that's defined, within the Operational Area, that's allocated to the
winner for the storage of operational equipment, if and as such an allocation will take place,
when it is calculated according to the sum of all of the circumference of the entire
operational equipment (top projection) as detailed in the operational equipment
specifications and/or measured in practice by the Authority according to which is wider
between them.
"Area A"‐ Built‐up areas in Ben‐Gurion Airport that include offices and warehouses at a
specified location and size and marked in the specifications as Area A;
"Area B"‐ Built‐up areas in Ben‐Gurion Airport that include offices and warehouses at a
specified location and size and marked in the specifications as Area B;
"Area C"‐ Built‐up areas in Ben‐Gurion Airport that includes offices and warehouses at a
specified location and size and marked in the specifications as Area C;
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"Area D"‐ Built‐up areas in Ramon Airport that include offices and warehouses at a specified
location and size and marked in the specifications as Area D;
"Area E"‐ Built‐up areas in Ramon Airport that include offices and warehouses at a specified
location and size and marked in the specifications as Area E;
"Area F"‐ Built‐up areas in Ovda and Eilat Airport that include offices and warehouses at a
specified location and size and marked in the specifications as Area F that will be allocated to
winner no. 1 (as defined herein);
"Area G"‐ Built‐up areas in Ovda Airport only that include offices and warehouses at a
specified location and size and marked in the specifications as Area G that will be allocated
to winner no. 2 (as defined herein);
"VIP Lounge Services at Ramon Airport" – The planning and setting up of a hospitality
lounge for the passengers of airline companies in Ramon Airport and for other bodies
according to the Authority's judgment, including its management and operation, all as
specified in the contract. The VIP Services will be awarded to the operator that proposes the
highest bid as part of providing services for Ramon Airport.
"Passenger Services" – Services to inbound and outbound passengers, ked ahead by the
passenger and/or his representative;
"Ground Handling Services"‐ Ground Handling Services for Airline Companies and private
operators.
"Contract Year" – Each year from the period of license (as defined herein) , that begins on
1st January and ends on31st December, excluding the first year of the licensing period that
will begin at the date of the beginning of the licensing period (as defined herein) and ends
on 31st of December of the same year, and the last contract year (or last extension year, as
the case may be), that begins on 1st January of the same year and ends on the date the
license period ends;
"General Aviation" – Aviation activity that isn't the activity of a commercial transport
company.
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2. Conditional Contact – Approval of the Guiding Body
Each one of those who paid the participation fee (henceforth: “The participants”) and/or the
bidders hereby declare and undertake, finally, completely and irrevocably, as follows:
2.1. That it is known to them that the implementation and validity of the contact with
the winners of the tender, is conditional on, and subject to, receipt of approval from the
guiding body, to which the Authority is subject, for implementing contacts with parties
chosen in the tender (Henceforth: “Approval of the Guiding Body” and “Suspended
Condition of Contact”).
2.2. That the Authority will act to complete the required processes to receive approval
from the Guiding Body, no more than sixty days after the declaration of the winner in the
tender (henceforth: “The Determining Date”), but its receipt is conditional also upon the
behavior and the readiness of the qualified authorities (including the guiding body) in a
manner that is not under the exclusive control of the Authority.
2.3. That it is known to the participants that the process of receiving decisions from the
guiding body and its rationale, are dedicatedly subject to security considerations, and other
considerations, that are not necessarily known or familiar to the Authority, including the
manner in which the guidelines of the guiding body are given to the Authority, in relation to
the winner in the tender, with no reasons, and with no written certification.
2.4. That if the suspended condition for the contract, is not filled by the determining
date, then, without detracting from the general powers granted to the Authority according
to clause 6.2. below, the Authority will be entitled, at its exclusive and absolute discretion,
but without being obliged to do so, to postpone from time to time, the determining date,
and also the date of validity of the bid, and also the date of the validity of the guarantee of
the implementation of the bid (some or all) as respectively detailed, in clauses 13 and 14
below (whether before the date on which t signed the contract with the winner of the
tender, or whether after signing the contract with the winner of the tender), to dates and to
a period to be fixed therefor by the Authority. It is made explicitly clear that there is nothing
said in clause 2.4 that could be construed as an undertaking by the Authority to postpone
any of the dates specified in the tender documents (including after signing the contract with
the winners of the tender.
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It is made clear that the Authority will be entitled to instruct a postponement of the date of
validity of the bid, and the date of validity of the guarantee of the implementation of a bid in
a manner that the bid, and the date of validity of the guarantee of the implementation of
the bid of the other participants in the tender, will remain valid, even at a date after the
declaration the winners of the tender, or even to a date later than the date on which the
Authority signed a contract with the winner in the tender for the license. If the Authority
instructs the postponement of the date of validity of the bid, and the date of validity of the
guarantee of the implementation of the bid as stated, the validity of the bids of all the other
participants in the tender will be automatically extended, and in addition the participants
will act as required to extend the validity of the guarantee of the implementation of a bid to
an updated date which the Authority will determine, immediately upon receipt of the
notification of the Authority in this matter, in a manner in which the Authority could sign a
contract with additional participants, who did not win the tender in the beginning, under the
circumstances described in clause 2.5. below.
2.5. That, without detracting from the Authority’s rights according to clause 2.4. above,
and according to clause 23 below, under the circumstances in which he suspended condition
will not be fulfilled, up to the determining date (as postponed from time to time, as long as it
is postponed), the Authority will be entitled to cancel the tender, or to cancel the victory of
the participants who were declared winners of the tender (including disqualification of a
bidder for whom the guiding body did not give approval) or to cancel forthwith the contract
that was signed with the winners of the tender (if signed) without the matter being
considered a breach of obligation, and/or injustice, of any type or nature, on the part of the
Authority. In such an event the rest of the instructions in clause 23 below, will apply, with
the requisite changes, including, to remove all doubt, the matter of the right granted to the
Authority, at its exclusive and absolute discretion, to sign a contract with a subsequent
bidder, after the bidder whose bid was disqualified or victory cancelled (if approval for him
was not given by the guiding body).
It is made explicitly clear, that in order to realize the rights of the Authority according to this
clause 2.5 above, all the bids of all the participants will be valid, even after the declaration of
a winner in the tender, and even after the signing of the contract with the winner of the
tender (including by means of keeping the guarantee of the implementation of a bid, valid),
even after the date of validity of the bid and the guarantee of the implementation of a bid,
as instructed by the Authority.
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2.6. That the participants, and/or the bidders (including those who win the tender), on
their own merits, will not in any event be entitled to any compensation, and/or indemnity,
and/or payment of any type, for the postponement or non‐postponement of the dates, as
detailed in clause 2.3. above, and also will not in any event be entitled to any compensation,
and/or indemnity, and/or payment of any type, for the cancellation of the tender and/or the
contract, according to the instructions in clause 2.5. above, or for the realization of any
other right, that the authority has, according to clause 2 above, except – in the
circumstances where the tender is cancelled, and/or the contract, on their own merits (and
in those circumstances only) – will be entitled to a refund of their participation fee, at
nominal value. To remove all doubt, it is hereby made clear that in any event, the refund of
the participation fee, will be full compensation, final and absolute, for any expense, and/or
damage, and/or payment, and/or cost of any type or nature, incurred by the participants,
and/or bidders, and/or any of them borne because of the circumstances described in clause
2 above, and the realization of the authority’s corresponding rights, including for postponing
dates, and/or for cancelling the tender, and/or the contract, on its own merits, (including for
cancellation after postponement of the last date for submitting proposals to the tender),
and that with the exception of the refund of the payment as stated, the participants, and/or
the bidders will not be entitled to any compensation, and/or indemnity, and/or payment,
and/or refund of any type or nature whatsoever, and that they hereby waive fully, finally
and irrevocably, and will be prevented and silenced from raising, any demand, claim or plea
for the above.
2.7. That they are aware that all the powers outlined in clause 2, and their
implementation, represent a privilege of the Authority, and that they are aware and agree to
the said powers of the Authority; and that by the fact of their participation and/or their
submission of a proposal to the tender, the participants, and/or bidders have considered the
circumstances described in clause 2 above and below, and the consequential rights and
powers of the Authority, the expenses and costs which they will be required to bear in the
event that the conditions of suspension will not be fulfilled, and/or the circumstances in
which, from time to time, the dates of the tender are postponed (including in connection
with extension of the validity of the set‐up for carrying out the proposal), and including the
risks, financial, operational and commercial and all the repercussions bound therein, and
that they hereby waive fully, finally and irrevocably, and will be prevented and silenced from
raising, any demand, claim or plea for the above, including – to remove all doubt – claims
emanating from their reliance on the administration or non‐administration of the tender ad
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fin., and/or connection with the winner of the tender, and/or claims emanating from
investments, and/or contracts which they made for the purpose of, and/or in the framework
of their participation In the tender.
2.8. There is nothing stated in clause 2 which might detract from any other right that the
Authority has according to the rest of the instructions of the tender documents.
3. Salient Points Regarding the License, Provision of Services and their Conditions –
General
3.1. The License
The Authority will grant the operator a license for the provision of services, in complete
accordance with the instructions detailed in the tender documents, and subject to all laws
(in this contract: “The License”).
3.2. Period of the Contract
3.2.1. Duration of the Contract and Period of the Services
3.2.1.1. The Duration of the contract for the provision of services according to the contract
at the airport, Eilat Airport, Ovda and the airfields, will begin on the day the contract is
signed, and will end with the completion of the period of the services (as defined below),
while paying attention to the instructions in clause 3.2.4. below (henceforth, respectively:
“Start of the Contract Period” and “Duration of Contract”.)
3.2.1.2. The service period, during which the operator will provide ground handling and
passenger services at the airport, Eilat Airport, Ovda and the airfields, will commence on 1st
June 2016, and will terminate on 31st December 2023 at 00.01 hrs, all according to the
manner and conditions stated in the contract (henceforth, , respectively: “Start of the
Service Period” and “Duration of Service”.)
3.2.1.3. It is hereby made explicitly clear, that the locations of the service will not be given to
the operator before the start of the period for the provision of services. However, the
operator will bare complete and exclusive responsibility to act, with the start of the period
of services, in every way required, with his responsibility, and on his account, in order to
settle, directly with the present license holder, and with the Authority, a structure of joint
activity, cooperation, orderly and continuous change‐over, in which the operator can
actually receive all the service locations, overnight, at the very beginning of the period of
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service, and all in a manner in which the present license holder can vacate the
aforementioned service locations, at the time of the start of the provision of services,
overnight, and that the operator will move into the aforementioned service locations, will
get organized, and will commence carrying out services, at the start of the period for the
provision of services, without any delay.
3.2.2. The Right of Choice in Postponing and Extending Dates
In spite of what is written in clause 3.2.1.3. above, the authority will be entitled, after taking
the necessary decisions (in the authority), to advise the operator, in advance and in writing,
that the start of the service period has been postponed for any reason whatsoever (including
for reasons of legal procedures, and/or in order to allow time for organization, and/or
various adjustment projects prior to the actual provision of the services in the service
locations, all or part), and the bidder hereby irrevocably waives the right to raise any claim,
and/or demand, and/or plea of any nature in this connection and in this matter.
In order to remove all doubt, it is made clear that if there will be a postponement, as stated,
in the date of the start of the contract period, and/or the service period, the bidders are
obligated to give the Authority, a guarantee as detailed in clause 14, amended according to
the required validity, as will be advised by the Authority to the bidders, and according to the
dates that will be detailed. Accordingly, the validity of the bidders’ offer, as detailed in
clause 13 will be extended until the date which the Authority will advise the bidders, as
stated.
3.2.3. The Period of Provision of Services at Ramon Airport
The period of services at Ramon airport will be divided into two periods as follows:
3.2.3.1. The Period for providing Ground Handling and Passenger Services
The period for the provision of services, according to the contract, at Ramon air field, will
commence with the opening of Ramon air field for aviation activity, and will be valid until
31st December 2016 at 00.01 hrs; all in the manner and conditions stated in the contract,
and in clause 3.2.4. below (henceforth, respectively: “The Start of the Period of Ground
Handling and Passenger Services at Ramon Airport”, and “The Period of Ground Handling
and Passenger Services at Ramon Airport Field.”
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Notification of the commencement of the period of the provision of services at Ramon
airport, will be given to the operator forty‐five days in advance. Moreover, the operator is
obligated to take part in the air field’s trial period, and on the conditions thus detailed in the
contract, and in the operation and service appendix, or in accordance with the instructions
of the manager which will be given accordingly.
3.2.3.2. The Period of the Construction and Operation of the V.I.P. Lounge
The period of the construction and operation of the V.I.P. Lounge at Ramon air field,
according to the contract, will be divided into two sub‐sections: the period of planning and
construction, and the operational period of the V.I.P. lounge; all details are expanded upon
in the contract. The operational period of the V.I.P. lounge, and the provision of services by
means of the lounge, will commence on the later date between:
The opening of Ramon air field to aviation traffic.
Or any other date which will be given to the operator by a representative of the Authority,
and will be valid until 31st December 2023, subject to the extension of the period of the
agreement, as detailed in clause 3.2.4. below.
3.2.4. Only the Authority will be entitled, at its exclusive discretion, to extend the duration
of the contract, by an additional period, or additional period, whose total length will not
exceed twenty‐eight months in any mix that the Authority will decide upon (henceforth: The
Extension”), and this will be by means of an announcement, which will be given to the
operator at least sixty days before the end of the contract period and/or the end of each of
the extension periods, as fitting, all according to the method and conditions in the contract.
3.3. Remuneration for the Authority
In the framework of, and in order to consider, their financial offer for the tender, the
Authority wishes to draw the attention of the bidders, individually and collectively, to each
of the payments which the operator is required to pay to the Authority in connection with
the provision of services, and/or in connection with the license for the provision of services,
which the Authority wishes to operate, as detailed in the instructions in the contract.
4. General information and Responsibility for Information
4.1. Provision of Services at the Airport, Air Fields, and Ramon Air Field – After Winning
the Tender
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4.1.1. License for Ground Handling and Passenger Services at the Airport, Eilat Airport,
Ovda and Airfields
4.1.1.1. The license for the provision of ground handling and passenger services at the
airport, will be granted to three operators.; Each one will be responsible for providing the
stated services at the airport.
4.1.1.2. The license for the provision of ground handling and passenger services at Eilat
Airport and Ovda – the license will be granted to winner number one, and winner number
two. It is made clear that winner number one is responsible for providing the stated services
at Eilat Airport and Ovda, by means of Area F, whereas winner number two one is
responsible for providing the stated services at Ovda only, by means of Area G. the Authority
wishes to draw the bidders’ attention to the details in the contract concerning the closure of
Eilat Airport and Ovda, and the transfer of their activity to Ramon Air Field.
As for winner number three, he will be entitled to choose to provide ground handling and
passenger services at Eilat Airport and Ovda by himself, or through one of the other two
bidders, subject to the prior approval of the Authority, and in any event, winner number
three will be entitled to receive any equipment and/or special area at Ramon Airport, and
this will be given to him as long as there is space available, and subject to payment of fees
for the use of these areas, as detailed in the contract.
4.1.1.3. The license for the provision of ground handling and passenger services at the air
fields – optionally, and at the discretion of the three winning bidders, and with thirty days’
prior notification which will be given accordingly to the Authority.
4.1.2. The license for ground handling and passenger services at Ramon Air Field (for
winner number one and winner number two) ‐ The Authority hereby grants the license fir the
provision of ground handling and passenger services at Ramon Air Field to winner number
one and winner number two, from the day on which Ramon Air Field opens, replacing Eilat
Airport and Ovda. It is made clear that the two winners mentioned will be obliged to to
provide the stated services at Ramon.
As for winner number three, he will be entitled to choose to provide ground handling and
passenger services at Ramon Air Field by himself, or through one of the other two bidders,
subject to the prior approval of the Authority, and in any event, winner number three will be
entitled to receive any equipment and/or special area at Ramon Airport, and this will be
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given to him as long as there is space available, and subject to payment of fees for the use
of these areas, as detailed in the contract.
4.1.3. License for V.I.P. Services – Winner number one will also be given a license for the
planning, construction and operation of a V.I.P. lounge at Ramon Air Field as detailed in the
contract, and the provision of V.I.P. services by him.
4.1.4. In spite of everything stated above, the Authority asks to inform the bidders that a
bidder who, at the time of the start of service period is also the holder of the license for the
provision of services to operate the V.I.P. lounges at the airport (henceforth: “V.I.P.
Services”), will be prevented from providing passenger services by force of his license at the
airport. This applies for a period of time from the start of the service period until the time
when terminal GA opens for aviation activity, and/or the time at which the license for V.I.P.
services at the airport ceases to be valid, whichever of the two is earlier.
In order to remove all doubt, it is hereby made clear that the limitation stated in clause
4.1.4. above, will also apply in the circumstances where the bidder is the owner of holdings
in a body which was granted a license for the provision of V.I.P. services, or is a partner with
a bidder in a joint holding, either directly or indirectly.
4.2. All airlines will be entitled to provide ground handling services to themselves, and to
any airline which is its subsidiary company, in which the airline holds, directly, 100% of the
holdings and means of control, and all this without any obligation to pay a license fee to the
Authority for the license to provide the aforementioned ground handling services.
4.3. Details of the services and V.I.P. services that will be provided by the winners of the
tender are included in clause 12 of the contract and in the service appendix attached to the
contract.
4.4. The Authority informs the bidders that in April 2017 (or at another time, about
which the Authority will instruct), at Ben Gurion Airport a new terminal will be opened for
general flights. The terminal will be operated by Fattal Global Terminal (2015) Ltd.
(henceforth: “Terminal GA”). According to the license granted to the operator of Terminal
GA, the passengers and crew members of private operators will be entitled, but not obliged,
to receive the full range of terminal services, at terminal GA, from the operator of terminal
GA.
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4.5. The winners of this tender can grant all the ground handling and passenger services
detailed in clause 12 of the contract, to passengers and crew members of private operators
who will choose to use the services of the winners in the tender, which will be provided
outside Terminal GA.
4.6. Competitive Elements – Law of Centralization – Implications
4.6.1. It is hereby made clear that the Authority reserves the right to update and/or amend
all the conditions in the tender conditions, including change and/or update, and/or addition
to the pre‐conditions for participating in the tender, even if it is after the date for the
submission of proposals, including in a manner which might bring about a limitation of the
participation of one of the bidders, and/or the disqualification of bidders, and this is for
reasons of professional competition or from considerations that stem from the prevention
of centralization in the economy as a whole.
4.6.2. This power of the Authority, as detailed in this clause above, is an elementary
condition in this order, and by submitting his proposal to the tender, each bidder will be
considered to have approved and explicitly agreed to the above instructions. It is explicitly
made clear that the Authority will not be responsible for any compensation, and/or
indemnity whatsoever for the bidders who took part in the tender, even if the bidders’
taking part as stated will be disqualified because of a change, and/or update of the
conditions of the tender as explained in this clause above.
4.7. General instructions
4.7.1. It is hereby made clear that during the duration of the contract, Eilat Airport and/or
Ovda Airport will be closed for activity, and their activities will e transferred to Ramon Air
Field.
4.7.2. Moreover, it is hereby made clear that according to a decision of the government,
the activity at Herzliya air field is planned to cease, and the activity at Sde Dov air field will
cease on 30th June 2016. On the other hand, the construction of an alternative air field has
yet to be decided upon or approved, and the Authority has no knowledge, at this stage,
whether, and in what way it will be constructed, and when it will become active. However,
in the eventuality that an alternative air field will be constructed and operated, the
Authority will be entitled, but not obligated, to require the winners to transfer their
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activities to the new air field, in a manner and on conditions that will be agreed upon,
according to what is stated in the clause in the contract.
4.7.3. Opening of Ramon Air field for Aviation Activity – Ramon Air Field is due to open for
aviation activity during the year 2017. Before the above‐mentioned date, the two winners,
who will provide the services at Ramon air field, will be required to take part in the trial run
of the air field, all in accordance with the advance announcement which the Authority will
give to the winners.
It is hereby made explicitly clear that any change in the basic license fees for ground
handling services, and in the basic license fees for passenger services, and also the license
fees for ground handling services, and license fees for passenger services, even in
circumstances in which the activity in one of the air fields mentioned above is ceased, there
will be no change in the license fee, as stated, in circumstances where the Authority will
instruct the transfer of activity to a new airport which will be opened (if it is opened).
4.8. Adaptation Work
It is hereby made explicitly clear that according to the instructions of clause 3.2 above, the
start of the provision of ground handling and passenger services at the airport, Eilat Airport
and at the fields, including changing the current license holders, will be carried out
overnight, and at the Ramon air field at the opening of the air field for aviation activity, as
detailed in the contract. Therefore, concerning the airport, Eilat Airport, Ovda and the air
fields, if the operator will be required to conduct adaptation work at the service locations,
these will be undertaken during the period of service, in parallel with providing full services,
all this in accordance with the instructions of the contract, including the appendix for
adaptation work included therein, and without anything which might be a reason for the
detraction and/or reduction in the quality or scope of the services, and/or the detraction
and/or reduction of any of the payments which the operator is obliged to pay to the
Authority according to the contract.
The above does not detract from the planning and construction period in relation to the
V.I.P. lounge at Ramon air field as described in detail in clauses 10 – 11 of the contract.
4.9. Limitation of Responsibility
The signature of each one of the bidders in the tender on the tender order form, on the
tender proposal form and on all the other documents of the tender, as defined on this form
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for the invitation of proposals for the tender, serves as a declaration and final, full and
irrevocable obligation of each of the bidders as detailed below:
4.9.1. That he considered all the risks, and/or chances that might arise from circumstances,
and/or options that are given to the Authority according to the contract, and in particular in
clause 4 above, and/or from the results and implications (including implications emanating
from delay, and/or cessation, and/or disturbance in the provision of services), and that he
and/or his representative will have no claim, and/or plea, and/or demand, of any type or
nature whatsoever, against the Authority, and/or any representative of the Authority, for
any damage, and/or loss, and or expense, and/or payment, of any type or nature, which was
incurred by him, and/or his representative, and/or which he might be required to bear,
directly and/or indirectly, because of the aforementioned circumstances, realization of
options given to the Authority and their results, and the bidder declares that he is obligated
to this, and that he waives, and that he will be prevented and silenced from raising any
claim, and/or demand of any type or nature.
4.9.2. That there is nothing d in this clause 4 above, to serve as a declaration, and/or
undertaking by the Authority in connection with the materialization of any of the
circumstances, and/or options available to the Authority under clause 4 above, and the
bidder declares and undertakes, that he waives, and that he will be prevented and silenced
from raising any claim, and/or demand of any type or nature.
4.9.3. That any information supplied in the framework of the tender documents in general,
and the order form in particular (including what is detailed in this clause 4 above), and that
any other information that has been given, or will be given by the Authority, or its
representative during the tender or in connection with it (in this clause: “The Information”),
is aimed for illustration and the purposes of of general knowledge only, and also that it is
given to the best of the Authority’s knowledge, according to the data it has at the time of
the publication of the tender; and that the information is liable to change during the process
of the tender, and the duration of the contract, and that it does not serve as any
presentation, obligation, and/or declaration from the Authority, and in particular all that in
connected with the correctness and/or completeness of the data detailed in the contract.
4.9.4. That each bidder must check by himself, independently and in a professional
manner all aspects of the contract concerning this tender, and all the professional tests
required for the financial feasibility of his financial proposal, and all the information,
including, and without detracting: the financial feasibility of the bidder’s offer; all the order
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documents, and any data, legal, planning, engineering, operational, performance or
commercial, relevant for the purpose of submitting his proposal to the tender.
4.9.5. That all the reliance of the bidder on information contained in the tender documents
or any other information given to him, or to be given to him by the Authority of its
representatives during the tender, or in connection with it, is the bidder’s exclusive
responsibility. That the Authority will not bear any responsibility for any damage, loss, cost
or expense that might be incurred by any of the bidders or their representatives, and/or any
third party who rely on aforementioned information, and that the bidders hereby
irrevocably forego and will be prevented and unable from raising any claim, and/or demand,
and/or plea in this connection.
5. The Tender Documents
5.1. The Following Documents Constitute the Tender Documents
A. Order form together with details of passenger traffic at Ben Gurion Airport, Eilat
Airport and Ovda, and attached to it, Appendix A, and in addition specifications of the
service locations, which are added as appendix A1, A2 and A3.
B. The proposal form, together with all its appendices, which form an inseparable part
of it, and one of its conditions.
1. Appendix A (including Appendix A1) – bidder’s declaration of proof of
experience, and financial turnover.
2. Appendix B – Declaration of no criminal conviction.
3. Appendix C – Financial proposal form.
4. Appendices D ‐ Text of the guarantee of carrying out the proposal
5 Appendix D1 – Text of the guarantee of carrying out the proposal, for joint
proposals.
6. Appendix E – Declaration for a joint proposal.
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C. Copy of the contract together with all its appendices, which form an inseparable
part of it, and one of its conditions.
Appendix A ‐ Specification of service locations
Appendix B ‐ Specification of adaptation work at the airport
Appendix C ‐ Instructions for passenger services – Ben Gurion airport
Appendix D ‐ Appendix for treatment of assisted passengers
Appendix E ‐ Operating instructions ‐ Ben Gurion airport (including agreed compensation).
Appendix F ‐ Appendix with instruction procedures for airside workers at the airport.
Appendix G ‐ Appendix for service shed
Appendix H ‐ Appendix with instructions for security, security of information, and
preservation of secrecy at the airport
Appendix I ‐ Appendix for service and operation of the provision of ground handling
services at Haifa airport.
Appendix J ‐ Appendix for service and operation of the provision of ground handling
services at Dov Hoz airport.
Appendix K ‐ Appendix for service and operation of the provision of ground handling
services at Rosh Pina airport.
Appendix L ‐ Appendix for service and operation of the provision of ground handling
services at Eilat airport, Ovda, and Ramon air field (when it opens).
Appendix M ‐ Appendix with instructions for security, security of information, and
preservation of secrecy at the air fields, Eilat airport, Ovda, and Ramon air
field (when it opens).
Appendix N ‐ Appendix with the operational equipment that will be allocated by the
Authority, its maintenance at Eilat airport and Ovda, and Ramon air field
(when it opens) (to be updated at the time of the actual allocation of
equipment).
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Appendix O ‐ Appendix with operational equipment which the operator will be required
to place at Ramon air field, on his responsibility, and at his expense.
Appendix P ‐ Appendix for fire safety at the airport
Appendix Q ‐
Appendix R ‐ Appendix for safety and hygiene at Ramon air field.
Appendix S ‐ Appendix for fire safety at Ramon air field.
Appendix T ‐ Appendix for service and operation of the V.I.P. lounge at Ramon air field.
Appendix U ‐ Planning and construction work for the V.I.P. lounge at Ramon air field:
Part 1 – Construction Appendix
Part 2 – Appendix with final planning results (including maintenance
specifications)
Part 3 –List of equipment, mobile and permanent) for construction
Work
Part 4 – Order to start work
Part 5 – Operational approval
Appendix V ‐ List of airlines
Appendix W ‐ Appendix with operational equipment
Appendix X ‐ Appendix with equipment, mobile and permanent) at the service locations
Appendix Y ‐ Environmental appendix
Appendix Z ‐ General CUTE appendix
Appendix AA ‐ Maintenance appendix
Appendix AB ‐ Communications appendix
Appendix AC ‐ Text of annual financial report
Appendix AD ‐ Text of confirmation from accountant/auditor
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Appendix AE ‐ Text of bank standing order
Appendix AF ‐ Texts for bank guarantees
Appendix AG ‐ Appendix with responsibility for damage
Appendix AH ‐ Safety appendix, and safety approvals
Appendix AI ‐
Appendix AJ ‐ Operator’s proposal form for the tender with all appendices, as submitted
by the operator as his proposal for the tender.
Appendix AK ‐ Appendix for acceptance of franchise holders at Ramon air field.
5.2. It is hereby made explicitly clear that the Authority will be entitled, at its exclusive
discretion, at any time before the submission of the proposals for the tender, and their
being opened, legally, by the tender committee at the Authority, to enact changes, and/or
amendments in the text of any of the tender documents, including the aforementioned: to
change, to update, or to limit any condition amongst the conditions of the contract, and this
proposal order form, including, any instruction, requirement, detail, pre‐condition or date,
whether on its own initiative or as a reply to a question of clarification, and all this without
the bidder having any claim and/or demand, of any type or nature whatsoever, in
connection to this. The aforementioned changes and/or amendments will be made as
written clarifications which will be distributed for this purpose to the participants in the
tender, according to the instructions in clause 18.4 below. These clarifications will become
an inseparable part of the terms of the tender. In order to remove all possible doubt, it is
made clear that there will be no validity to any change and/or amendment unless given by
written notification as a clarification document form the Authority.
5.3. The tender documents will be available for perusal and printing in the Authority’s
internet site as detailed in clause 7 below, or will be given to the participants at the
Authority’s offices, in a digital format on a compact disc (CD). Tender documents which will
be issued to the participants on CD’s will be in PDF format.
5.4. In order to remove all possible doubt, it is hereby made clear that the bidder will not
be entitled, in any form or manner, to make any change, of any type or nature whatsoever,
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to the tender documents (including any clarification that will be published as part of the
tender). It is further made clear that a written copy of the tender documents, deposited in
the tender box, is absolutely and exclusively, the binding copy for the purposes of this
tender. The copy of the documents that the participant printed from the Authority’s internet
site, and/or which were burned onto a CD, or any other document which the Authority
permits the participant to make by himself, will not be a replacement of supplement in any
form or manner for the binding text of the written copy of the tender documents, which was
deposited in the tender box.
6. Summary of Dates and Timetables in the Tender Process
6.1. Herewith follows a table of dates and timetables in the tender process:
Action Date of
Execution
Date of Publication of the Tender ‐ 14 Jan 2016
Meeting and tour for those who have paid the participation fee
as detailed in clause 8 below
‐ 2 Feb 2016
Final date for submission of questions of clarification as detailed
in clause 18.1 below
‐ 22 Feb 2016
Final date for submission of proposals for the tender as detailed in clause
15.11.1 below and subject to the instructions in clause 6.2. below
‐ 2 March
2016
Date of validity of the proposal and validity of the guarantee to fulfill the
proposal as detailed, respectively, in clauses 13f and 14.1 below
‐ 2 Aug 2016
6.2. The Authority will be entitled at any time, and at its exclusive discretion, to make
changes, including, as stated before, to postpone the dates given in this clause 6 above, with
one or more extensions. Notification of change and/or postponement, as mentioned, will be
sent to all those who pay [participation fees. New dates set by the Authority, if they are set,
will be subject to the instructions which were applicable to the previous dates. In order to
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remove all possible doubt, it is hereby made clear that there is nothing in this clause that
guarantees any change and/or the granting of an extension.
6.3. there will be nothing in any change, and/or postponement of the dates to detract
from any other right and/or additional right of the Authority according to the tender
documents, and/or by law, and the bidder hereby foregoes, finally and irrevocably, and will
be prevented and silenced from raising, and claim, and/or plea, and/or demand in
connection with the realization of the Authority’s rights, according to the instructions in this
clause 6.
7. Perusal of Tender Documents and Participation Fees
7.1. Perusal of Tender Documents
7.1.1. Any person wishing to participate in the tender can peruse the tender documents
and receive them (on a CD) in the manner and at the times detailed below:
7.1.1.1. At the offices of the Commercial and Business Development Division in the Israel
Airport Authority building, First Floor, in the main building at Ben Gurion Airport (in this
form: “The Authority’s Offices”), from 18th January 2016 and until the last date for the
submission of proposals, from Sunday to Thursday, from 9.00 a.m. until 12.00 noon, and
from 14.00 to 15.00 hrs.
7.1.1.2. On the Authority’s internet site www.iaa.gov.il (in this order form: “Internet Site”).
7.1.2. Any clarification, and/or change, and/or update that will be published in the tender,
will be attached as an inseparable part of the tender documents that are to be found in the
Authority’s offices and on the internet site, in such a manner that any person can peruse at
any time, the tender documents, and also any clarification, and/or change, and/or update
that will be published within the framework of the tender, up to the last aforementioned
date for perusal.
7.2. Participation in the Tender
7.2.1. Any bidder who is interested in participating in the tender, must pay, by himself or
through a representative, a participation fee of NIS 15,000 (including VAT), as detailed in
clause 7.2.2. below.
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7.2.2. Participation fees will be paid in the manner, and on the dates detailed below:
7.2.2.1. At the Authority’s offices, from 18th January 2016 and until 2nd March 2016, from
Sunday to Thursday, from 9.00 a.m. until 12.00 noon, by cash or cheque; or
7.2.2.2. On the internet site, by credit card, until 1st March 2016 at 23.30 hrs.
7.2.2.3. It is made clear that the payment must be completed by the times stated in this
clause 7.2.2. above.
A bidder who does not complete the process of payment of the participation fees by the
aforementioned time, will not be able to submit a proposal to the tender, and if he has
submitted a proposal, his proposal will be immediately disqualified. The sum of the
participation fee will not be refunded.
7.2.3. While paying the participation fee, updated details of the payer, including full name,
address, telephone number, fax number and e‐mail will be given to the Authority, either at
the Authority’s offices or on the internet site.
7.2.4. The Authority will send to the address given under the instructions in clause 7.2.3.
above, a tax invoice for the payment of the participation fee, signed by a representative of
the Authority, on behalf of the Authority.
7.2.5. The Authority will not be in any form or manner responsible for any damage, and/or
fault, and/or loss, and/or expense, and/or payment, of any type or nature, incurred by
anyone paying the participation fee, or their representative, or that has been born by those
paying the participation fee, because of any error, and/or mistake, and/or omission of any
type or nature, which was incurred as a result of the giving of the details in clause 7.2.3.
above, including damage, and/or fault, and/or loss, and/or expense, and/or payment,
caused by failure, and/or defect, and/or unavailability on the Authority’s web site, and the
bidder hereby foregoes, finally and irrevocably, and will be prevented and silenced from
raising, and claim, and/or plea, and/or demand in this connection.
8. Compulsory Meeting and Tour
8.1. Meeting and tour at Ben Gurion Airport – The Authority will hold a meeting and tour
at Ben Gurion airport for all those who have paid the participation fee (and only for them),
on Tuesday 2nd February 2016, at 10.00 a.m. the meeting will take place at Ben Gurion
airport, in the head office of the Israel Airports Authority.
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8.2. Meeting and Tour at Ramon Air Field ‐ The Authority will hold a meeting and tour at
Ramon air field for all those who have paid the participation fee (and only for them), on 3rd
March 2016 at 11.00 a.m. The meeting will take place at Eilat airport, at the entrance to the
terminal.
(Henceforth, both meetings will be called collectively: “The Meeting and the Tour”).
8.3. The meeting and the tour are compulsory. A bidder or his representative who will
not participate in the meeting and/or the tour as outlined above, will not be able to submit
his bid for the tender, and if he has already done so, his proposal will be immediately
disqualified. A summary of the meeting and the tour will be published by the Authority by
means of a clarification document, which will reflect what was said at the meeting and on
the tour. The clarification document will be sent to all those who pay the participation fee,
and will be binding on all parties submitting a proposal to the tender.
8.4. At the meeting and the tour, the Authority will be entitled, at their exclusive
discretion, to relate to various matters connected with the tender process. It is made clear,
that there will be no validity to anything said, unless what is said will be found in a written
clarification, according to the contents of the aforementioned clarification.
8.5. The Authority will be entitled, if necessary, at their exclusive discretion, to split the
meeting and the tour into a number of meetings and/or tours, or to hold, an additional
meeting and/or tour (over and above the meeting(s) and the tour(s) mentioned above,
including at additional airports), for those who have paid the participation fee (and only for
them). Notification of the time and date of any additional meeting and/or tour, as
mentioned, will be given in writing and in advance to those who have paid the participation
fee.
9. Pre‐Conditions for Participation in the Tender
9.1. Only those bidders who are a corporation registered in Israel, or in the country
where they are registered, and/or they manage their business, and who comply with all the
following conditions, are entitled to take part in the tender:
9.1.1. A bidder, who during the period of twenty‐four consecutive months which end on
the last date for the submission of bids for the tender, supplied ground handling services to
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at least ten international airlines ( for the purpose of testing his experience in this clause, the
bidder will be entitled to present ground handling services that he supplied to his own
subsidiary company, where the bidder holds at the very least 50% of the share stock issued
by the subsidiary, or means of control of the subsidiary company).
And also –
9.1.2. A bidder as above, who has a total sales turnover, in current prices (excluding
V.A.T.), is not less than NIS 15,000,000 or US $ 3,817,764 (US dollars), and that is for a period
of twenty‐four months concluding on the first of the month prior to the month in which the
last date for the submission of bids has been set.
In the event that the data of the accumulated sales turnover, as it appears in the bidder’s
account books, are noted in a foreign currency that is not US dollars, the sales turnover will
be translated into US dollars according to the average exchange rate of that currency against
the dollar (as published by the Bank of Israel) in each of the years which are being reported.
And also –
9.1.3. Bidder who is an exclusively Israel Corporation – a bidder, as above, who has all
the approvals required by the Public Bodies’ Transactions Law, 5736 – 1976; if the bidder is a
foreign corporation – a bidder who administers his business by the law of the land in which
he is incorporated.
And also –
9.1.4. For a bidder who is an exclusively Israeli Corporation ‐ a bidder, as above, to whom,
on the last day for the submission of bids, all of the following together, apply:
9.1.4.1. he, his Chief Executive Officer (CEO), and any owner of significant means of control
in the bidder, have not been convicted in any instance whatsoever of a crime against any of
the following clauses in the criminal code, 5737 – 1977: 237, 112, 100, 290, 291, 300, 305,
330, 383, 422‐425, and/or by the law of supervision on commodities and services, 5718 –
1957, and if they have been convicted of any of the above‐mentioned offences, five (5) years
or more have passed since the end of their punishment for these offences.
For the purposes of this clause 9.1.4.1.: “the holder of significant controlling interests” –
some‐one who holds twenty‐five per cent (25%) or more of the quoted value of the
proposer’s issued share stock, and/or twenty‐five per cent (25%) or more of the voting
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power in the proposer, and/or is entitled to appoint twenty‐five per cent (25%) or more of
the proposer’s directors.
9.1.4.2. He and his owner, have not been convicted of more than two (2) offences against
the Foreign Workers’ Act (Prohibition of Illegal Employment and guarantee of Fair
Conditions), 5751 – 1991, and the Minimum Wage law 5747 – 1987, , and if convicted of
more than two (2) offences as stated – that on the last date for the submission of proposals,
more than one (1) year, at least, h passed from the date of the last conviction.
For the purposes of this clause 9.1.4.2.: “Owner” – as defined as in the Public Bodies’
Transactions Law, 5736 – 1976.
And also‐
9.1.5. A bidder, as above, where either he or his representative have paid the participation
fee.
And also –
9.1.6. A bidder, as above, where either he or his representative took part in the meeting
and the tour.
9.2. It is hereby made clear that the pre‐conditions detailed in clause 9.1. above need to
apply to the bidder himself, except if determined on the bid order form.
9.3. Despite what is stated in clause 9.2. above, in order to comply with the pre‐
conditions stated in clauses 9.1.1. – 9.1.2. above, the bidder will be entitled to rely on
experience and/or financial turnover, as required, which has been accumulated by the
corporation, from which the bidder, or the professional leader, respectively, purchased
activity, including by merger, as this term is defined in the companies’ act, 5759 – 1999,
including by means of a property deal (henceforth: “The Purchased Corporation”) and/or on
experience/financial turnover, as required, that have been accumulated by one of the
following: Subsidiary company (one only), of the bidder, in which the bidder controls no less
than 50% (henceforth: “Subsidiary Company”), or a parent company (one only) of the
bidder, which controls no less than 50% of the bidder (henceforth: “Parent Company”).
If the bidder wants to rely on the experience and the turnover of a purchased corporation
and/or a subsidiary company or a parent company, the bidder will attach to his bid,
information and documents proving the purchase of the activity form the corporation that
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was purchased, and also all the documents and the information required by the proposal
order form in connection with experience and financial turnover that has been accumulated
by the corporation that was purchased and/or the subsidiary company or the parent
company, for the relevant period, accordingly.
9.4. Joint Bid
The bid for the tender can be submitted jointly by a number of bidders, as long as the
professional leader (as defined in clause 10.1 below) will comply to each of the pre‐
conditions stated in clause 9.1.
9.5. The attention of the bidders is drawn to the fact that, a bidder who is a foreign
corporation, and whose bid won the tender, will be obligated to everything detailed below,
within thirty days from the day on which he is notified by the Authority of his winning, or at
the very latest as a condition for the provision of services:
9.5.1. To register as a foreign company, according to the instructions of clause 346 of the
Companies’ Act, 5759 – 1999, or, alternatively, to establish a special Israeli company for the
purpose of providing the services, which will be 100% owned by the bidder, and which will
have a written, signed undertaking from the bidder that he will fulfill all his obligations under
this license.
9.5.2. To hold every approval, permit, and other license required by the operator,
according to the instructions of the law, in order to provide the services defined in the
contract.
9.6. The Authority will be entitled, at its exclusive discretion, subject to the right of a
bidder to plead, to disqualify a bid and/or joint venture of a legal entity taking part in the
process, with whom the Authority had signed a contract for the granting of a license, and
with whom the Authority had an experience, that was negative, bad, and/or failed with it,
including recognizable lack of satisfaction from the provision of services in the license
contract, and/or breach of the undertaking of the legal entity under the license contract with
it, cancellation of contract because of its breach by the joint legal entity, and so on; all this
based on previous dealings, once or more, between the Authority and the same legal entity
in the form of a conviction that is the object of the procedure.
9.7. The Authority will be entitled, at its exclusive discretion, while checking bids, to
disqualify the bid of a legal entity which withdrew its bid in a tender, or in another
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competitive process, after being announced as the winner in the same process, or which
submitted false information to the tender committee, or behaved in a shifty manner in a
tender process; all this in the last three years that preceded the publication of the tender.
10. Submission of a Joint Bid
The bid for the tender can be submitted by a number of bidders, jointly (in this form,
respectively: "Joint Bid" and together: “The Joint Bidders”), all subject to the terms detailed
below:
10.1 All the pre‐conditions mentioned in clause 9.1. above, apply also to at least one of
the joint bidders, who will own, at least during the initial thirty‐six months of the service
period, at least 51% of the shares, and of the other means of control of the joint corporation
(henceforth: “The professional Leader”), or bidders who own at least 67% of the shares and
of the other means of control of the joint corporation, if there are two or more professional
leaders. It is made clear that all the pre‐conditions mentioned in clauses 9.1.3. – 9.1.4. must
be filled by each one of the joint bidders. To remove all doubt, it is hereby made clear that
also in the circumstances where the aforementioned pre‐conditions exist, in more than one
of the joint bidders, the joint bidders must define in their bid for the tender, one single
bidder as the professional leader, and he will fill all the pre‐conditions and the other
conditions required from the professional leader, according to the tender documents during
the initial thirty‐six months of the service period.
10.2. The joint bidders, if their bid wins the tender (and only in that instance) will be
obliged to establish a special corporation, which is a limited company only, for the purpose
of providing services as in the contract, and that the ownership of the corporation will be
according to the declarations and undertakings of the joint bidders as detailed in Appendix F
of the proposal form, and in legally registering the aforementioned corporation in Israel,
within thirty days of the day on which the Authority notified them of their winning the
tender (in this form: “Joint Corporation”). The Corporate Certificates of the joint corporation
will include a decision to sign the contract on the conditions detailed therein. Until the date
stated in this clause above, the joint bidders will the Authority a true copy, legally approved,
of the decision which approves that the joint corporation signs the contract.
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10.3. the profession leader will declare and undertake in writing, to place at the disposal
of the joint corporation, during the initial thirty‐six months of the service period, all the
knowledge, skill, resources, means, tools, professional manpower, and administrative
manpower, and professional experience, as required for the purpose of providing the
complete services on time, and according to all the instructions of the contract.
10.4. All the joint bidders will attach to their bid for the tender, a declaration concerning
the share of the professional leader in the joint corporation, which will include an
undertaking by the joint bidders, concerning the composition of the joint ownership, and the
remainder of the professional leader’s undertakings which will be in force for at least the
initial thirty‐six months of the service period, while the signatures of the joint bidders on the
aforementioned declaration will be verified by an attorney.
10.5. The joint bidders will also attach to their bid for the tender, any approval that is
required by law, including, without detracting from the generality of what was said before,
the instructions of the Law of Restraint of Trade 5748 – 1988, for the purpose of submitting
a joint bid and/or for establishing a joint corporation, and/or for the provision of services
through the joint corporation, if the joint bidders’ bid wins the tender.
11. Submitting a Single Bid
11.1 A bidder who chose to submit a bid by himself, cannot be an interested party in
another bidder, or be numbered among joint bidders, or be an interested party in one of the
joint bidders.
11.2. If a bidder chooses to submit a joint bid, together with other bidders (whether or
not as the professional leader) , cannot submit a bid to the tender by himself, or be one of
the joint bidders in another bid, or be an interested party in another bidder or be one of the
joint bidders in another joint bid.
11.3. A manager of a bidder, or one of the joint bidders, will not be able to be an
interested party in another bidder or any one of the joint bidders, or the manager of another
bidder or of one of the joint bidders in another joint bid.
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12 Documents to be Attached to the Bid
The bidder must attach all the following documents to his bid:
12.1 Declaration signed by the bidder’s approved signatory (and in the case of a joint bid,
by the approved signatory of the professional leader) for the purpose of this tender, and
confirmed by an attorney, worded as in Appendix A to the proposal form, together with all
the documents required, including the accountant’s approval worded as in Appendix 1a of
the proposal form, for the purpose of proving the bidder’s compliance (and in the case of a
joint bid, the compliance of the professional leader) with the pre‐conditions described in
clauses 9.1.1. – 9.1.2. above.
12.2. Single Israeli Bidder – A copy of an up‐to‐date certificate from an accountant or
Income Tax and VAT Authorities certifying that the bidder (and in the case of a joint bid,
each one of the joint bidders), administers his business legally according to the Income Tax
Regulation and VAT law, 5736 – 1975, together with a copy of the certificates required by
the Public Bodies’ Transactions Law, 5736 – 1976, where each one of the said certificates is
made out in the name of the bidder, and is valid up to the last date for the submission of
bids for the tender, and verified by a attorney as a “true copy”, for the purpose of proving
the compliance of the bidder with the pre‐condition described in clause 9.1.3. above.
If the Bidder is a Foreign Corporation (or if a joint bidder is a foreign corporation or foreign
citizen/resident), up‐to‐date certificates will be submitted as described above, from the
external accountant of the bidder (or joint bidder) or from the relevant tax authorities in the
country/ies in which he is registered and/or administers his business.
12.3. An Exclusive Israeli Bidder – A declaration signed by the bidder’s CEO (and in the
case of a joint bidder, by each one of the joint bidders, or the CEO’s of each one of the joint
bidders, if all the joint bidders are corporations (and all are exclusively Israeli corporations or
Israeli citizens/residents), confirmed by an attorney in the wording of Appendix B to this
proposal form, for the purpose of proving the compliance of the bidder with the pre‐
condition stated in clause 9.1.4. above.
12.4 A copy of the invoice to the value of NIS 15,000 (fifteen thousand New Israeli
Shekels) including VAT, that the Authority gave the bidder or his representative for the
payment of the participation fee, or confirmation of payment of the participation fee, as
issued to the bidder, or his representative through the internet, for the purpose of proving
the compliance of the bidder with the pre‐condition stated in clause 9.1.5. above.
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12.5. the bidder’s financial bid, in the wording of Appendix C to the proposal form, in
which the bidder will detail his bid for the rate of pay of the combined license fee for the
ground handling services which will be paid in practice by him in the contract year of 2017,
and in any event no less than 60% of the payment that will be paid for 2017, while the
bidder can set a rate higher than 100%, subject to the instructions in clause 16.2.2. below,
signed by the bidder, or joint bidders, respectively, in the appointed places.
12.6. A bank guarantee for the fulfilling the bid (as defined in clause 14 below), as worded
in Appendix D or D1 (in the event of a joint bid) to the proposal form.
12.7. The proposal form, signed as required according to the instructions in clause 15.6
below.
12.8. The bid order form, and the contract, with all their appendices, and also any
clarification that may be given in writing to the bidders up to the date of submission of bids,
or copies thereof, signed as required according to the instructions in clause 15.6 below.
12.9. Appendix E – List of Operational Equipment – Details of the operational equipment
that the bidder intends to position in the operational areas (at the airport, Eilat airport, and
Ramon air field) as part of the provision of services, in Appendix E to the proposal form,
including specification of the equipment, manufacturer’s literature, and any other data
required by the Authority for fixing the shade area for each piece of equipment (henceforth:
“List of Operational Equipment”). The list of operational equipment will be submitted,
signed by the bidder trough his qualified signatories, and the signatures have been verified
by an attorney. The list of operational equipment will form the base of the decision of the
administration for allotting operational areas to operators, who will be chosen as winners of
the tender, and also for the purpose of fixing the “shade areas” for each piece of operational
equipment as stated, and for fixing the price for using it.
It is made clear, that there is nothing in the notification of winning the tender in itself, that
can be construed as approval of the list of operational equipment, and that in any event the
operator will be required to receive specific, written approval from the Authority of the list
of operational equipment. And as part of that approval, the Authority will set the shade area
for each piece of operational equipment, and for fixing the price for using it. The
examination of the list of operational equipment will be conducted as part of the
examination of the bids, or after the winning bidder has been announced (at the start of the
period of service), at the exclusive and absolute discretion of the Authority.
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12.10. Joint Bid Only – Only joint bidders will attach to their bid, a declaration worded as in
Appendix F to the proposal form, together with all the required documents. In order to
remove all doubt, it is made clear that to this appendix will be attached, at the place at
which it is required, the confirmation stated in clause 10.5. above.
12.11. In order to remove all doubt, it is hereby made clear that declarations in this clause
12 mean original declarations only, arranged according to the rules of evidence.
13 Validity of the Bidder’s Bid
13.1. A bidder’s bid will be considered to be valid, in all details, for the period beginning
with the last date for the submission of bids for the tender, and ending on 2nd August 2016
(henceforth: “Validity of the Bid”).
13.2. The Authority will be entitled to extend, by written notification to the bidders, the
validity of the bid, for additional set periods, for any reason whatsoever, at their exclusive
discretion, including for reasons in which there is a delay in checking the bids for the tender,
and announcement of the winner. In the aforementioned circumstances, the bidders will
extend accordingly, also the validity of the bank guarantee for the implementation of the
bid.
14. Guarantee of the Implementation of the Bid
14.1. The bidder will attach to his bid, a guarantee worded as in Appendix d to the
proposal form (in the case of the submission of a joint bid – worded as in Appendix D1 to the
proposal form), which is valid from the date of the submission of the bid and up to 2nd
August 2016, to a value of NIS 500,000 (five hundred thousand New Israeli Shekels) (in the
order form: “Guarantee for the Implementation of the Bid”).
14.2. The guarantee for the implementation of the bid will be issued – at the request of
the bidder, and to the benefit of the Authority – by an Israeli bank, or by an Israeli insurance
company that appears on the current lists of the Branch for the Capital market, Insurance
and Savings in the Treasury Ministry, updated to the last date for the submission of bids for
the tender, as a license holder for the issuing of guarantees as stated in the announcement
by the inspectorate on insurance deals (the insurance branch) 5745 – 1985 and the law of
supervision on financial services (insurance), 5741 – 1981. The applicant registered in the
guarantee of the implementation of the tender, must be the bidder himself.
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14.3. The event that the guarantee of the implementation of the tender is issued by an
insurance company, the issue of the guarantee and the signing of it will be conducted only
by the insurance company, and not by an insurance agency on the company’s behalf. A
guarantee of the implementation of the tender which is drawn up and signed by an
insurance agency………
14.4. In order to remove all doubt, it is hereby made clear that any guarantee of the
implementation of the bid which will not be worded as in Appendix D, or Appendix D1,
respectively, will be disqualified, and consequently the bid of the bidder, of the joint bidders,
respectively.
14.5. The guarantee of the implementation of the tender, will serve as a guarantee of all
the bidder’s undertakings as detailed in the tender documents.
14.6. If there is a delay in the completion of the tender process, including, as stated:
Checking the bids to the tender, and the announcement of the winner and/or if the
Authority asks to extend the validity of the bids in the tender, for any reason whatsoever,
the Authority will be entitled to require of all the bidders, to extend the validity of the
guarantees for set additional periods. The bidders will extend the validity of the guarantees
of the implementation of the tender longer than the period stated in clause 14.1 above (or
any other extended period), according to the instructions given by the Authority.
14.7. Without detracting from the generality of the instructions in clause 14.5 above, if a
bidder who withdraws his bid, and/or does not extend the validity of the guarantee of the
implementation of the bid, as required, in the time allocated by the Authority, the Authority
will be entitled to confiscate the full sum of the guarantee, and/or part of it, at its exclusive
discretion, without impacting its right to claim additional damages, and/or take action
against the bidder, in additional procedures according to its legal rights.
14.8. Furthermore, in any event of non‐implementation of bidder’s bid for the tender,
including a breach of their undertakings in the tender documents, the Authority will be
entitled, without needing the agreement of the bidders, and without the need for legal
proceedings, or arbitration, or the need to hold any negotiations whatsoever, to collect the
full sum of the guarantee of the implementation of the tender, or part thereof, without
detracting from or impacting the Authority’s right to claim form the bidders any other
damage ,and/or additional damage, and/or take against the bidders any steps to implement
their rights, as stated. The bidders hereby irrevocably forego, and will be prevented and
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silenced frompled any claim and/or demand of any type or nature, for the confiscation of
the guarantee as stated.
14.9. The operator will deposit, as a security for the implementation of all his
undertakings under the contract, and as a condition for the release of the guarantee to
implement the bid, the contract guarantee as detailed in the contract. In order to remove all
doubt, it will be made clear, that without detracting from the bidder’s undertakings up to
the deposit of the security, as stated, the guarantee for the implementation of the bid, will
serve also as security for the implementation of all the bidder’s undertakings as per all the
tender documents (Including the contract).
15. How and When to Submit the Bid – General Instructions
15.1. A bidder who meets all the pre‐conditions, and is interested in taking part in the
tender, will submit his bid, with all details, and/or documents, required by the tender’s
instructions, completed, and/or attached correctly, signed by the relevant parties, qualified
to do so by the bidder, together with the bidder’s rubber stamp, and confirmed by an
attorney, as required, all in one envelope, on which the bidder will state his full name,
together with the sentence: "Public Tender No. 2015/15/040/078/00 for the granting of
permission to provide ground handling and passenger services at Ben Gurion Airport and at
the internal and international airports managed and operated by the Israel Airports
Authority” – in this envelope the bidder will insert all the following documents, and will close
it well:
15.1.1. The documents detailed in clauses 12.1 – 12.4 above, which are required to prove
the bidder’s compliance with the pre‐conditions stated in clauses 9.1.1. – 9.1.5. above.
15.1.2. The bidder’s financial bid, as detailed in clause 12.5. above, and in accordance with
the rest of the instructions on the order form.
15.1.3. Guarantee to implement the bid, as detailed in clause 12.6. above.
15.1.4. The remainder of the documents, detailed in clauses 12.7 – 12.9 above.
15.1.5. In the event of a joint bid, only – the documents detailed in clause 12.10 above.
15.2. The bid made in two copies, where one copy of each of the documents detailed in
clause 15.1 above, will be marked “Original”, and the additional copy will be marked by the
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bidder “True Copy”. The documents that are attached as a non‐original copy, will be verified
by an attorney as “True Copy”.
15.3. The bidder will be entitled to add further documents to the documents attached to
hid bid for the tender, as long as he signs them, and verifies them, as required. However, the
bidder will not be entitled to attach any document which is an objection to the conditions of
the tender. If the bidder attaches any objection, his bid is liable to be disqualified
immediately, as stated in clause 19.1. below.
15.4. All the pages of the bid, bound in one volume, will be numbered with consecutive
numbers, to which a detailed table of contents will be added.
15.5. All documents that are not original, and that is attached to the bid, will be approved
by an attorney as a “True Copy”.
15.6. Each of the tender documents, will bear the stamp of the bidder, in addition to the
signature of the bidder’s relevant authorized signatories, on each page, and also at the
places designated therefor on the proposal form, and the appendices.
15.7. At any place at which the bidder is required to give a copy of a document, the
authenticity of the copying of which has been verified by an attorney, or is required to verify
a signature, (whether the bidder’s signature, or another signature) or to submit a
declaration, laid out to legal instructions and the signature thereupon has been verified by
an attorney, the verifying party will be, as stated, a licensed Israeli attorney, and/or a public
notary.
15.8. It is made clear that the bidder’s bid must be complete. If a bidder submits a partial
bid, his bid will be disqualified, without detracting from the rights of the Authority as per the
detailed instructions in clause 19.2. below.
15.9. As part of his bid, the bidder will state, in the place thus designated on the proposal
form, the details of a qualified contact person for all matters concerning the tender
procedure. This person will be authorized to deal with the Authority on behalf of the bidder,
and to receive notifications and/or guidelines on his behalf. The details of the contact person
will include, at least, given and family name, contact address, numbers of telephones with
which the contact person is available at all times of business, and fax number.
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15.10. Secret Information
15.10.1. Without detracting from the discretion of the Authority, or from its legal
authority, the bidder is requested to state on his bid, in an explicit and prominent manner, in
the place thus designated on the proposal form, which are the data, and/or documents,
included in his bid, which the perusal thereof by other bidders, is liable, in his opinion, to
reveal a commercial, and/or professional secret, and that he, therefore, objects to their
being given for perusal as stated. The bidder will give detailed reasons why he believes that
the information marked by him, is confidential, or a professional secret, which is not subject
to the right of perusal, given to the rest of the bidders by law.
15.10.2. It is explicitly made clear, that, despite what is said in clause 15.10.1. above,
the Authority is the body which will decide, at its exclusive and absolute discretion, without
being required to give reasons for its decisions, which information and which documents will
be disclosed for the perusal of the other bidders, without the bidder having any claim,
and/or demand in this connection, whether or not the bidder detailed in his bid which data,
and/or which documents he requests not to disclose, as stated in clause 15.10.1 above. To
prevent all doubt, it is hereby made clear that in any event, the bidder’s financial bid, and all
information provided for the purpose of proving his compliance with the pre‐conditions –
are not confidential.
15.11. Date for Submission of the Bids
15.11.1. The envelope, which contains all the documents mentioned in clause 15.1.
above, will be submitted from Sunday to Thursday between the hours 08.30 – 15.00 to the
tender box, which is situated at Ben Gurion Airport, Head Office Building, in the department
of Registration and certification (Archive) on the first floor, room no. 140 (or close to the
department of Registration and certification, according to the direction sign which will be
placed there), until 2nd March 2016 at 10.00 a.m. (in this form: “last date for submission
of bids”).
15.11.2. It is hereby stressed that bids which will reach the tender box after the last
date for the submission of bids (date and time), will not be accepted, and will not be
discussed, according to the instruction in regulation 20(b) of the Tender Requirement
Regulation, 5753 – 1993.
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16. Checking the Bids, and Criteria for Choosing the Winning Bid
16.1. The criterion for choosing a winning bid out of all the bids submitted to the tender,
and which complied to the pre‐conditions, and the additional conditions stated in the
tender, will be – 100% of the consideration: the bidder’s financial bid, as defined in clause
16.2. below (in the proposal form: “The Financial Bid”0.
16.2. The checking of the bidders’ bids for the tender will be performed by the tender
committee, which will be entitled to consult with experts, in one stage, which will be divided
into two sub‐sections as follows:
16.2.1. First sub‐section – compliance with the pre‐conditions, and additional conditions.
The Authority will decide about the compliance of each one of the bidders with the pre‐
conditions. In so doing, the Authority will check the documents that have been submitted by
the bidders, as previously stated, according to the instructions in clauses 12.1 – 12.4 above,
and also the presentation of all other relevant documents, as detailed in clauses 12.7 ‐12.8
above (henceforth: the additional conditions).
The test of the pre‐conditions and the additional conditions will be carried out on a “Go – No
Go” basis, and not by points. If a bidder does not comply with the pre‐conditions, his bid will
be disqualified, without detracting from the right of the Authority according to the
instructions in clause 19.2. below.
16.2.2. Second sub‐section – Checking the Financial Bids
16.2.2.1. The Authority will examine the financial bids, as written in Appendix C to the
proposal form, of bidders who have complied with all the pre‐conditions and additional
conditions.
16.2.2.2. The competition in the tender will be the percentage that the bidder will
specify out of the license fee, as payment for the provision of ground handling services at
Ben Gurion airport, that were actually paid in the contract year 2017, and in any event not
less than 60%, however the bidder can specify a percentage of the license fee that is
greater than 100%.
16.3. The three bidders whose bids will be the highest amongst all the financial bids from
all the bidders who complied with the pre‐conditions and the additional conditions, will be
selected as the winners of the tender. The financial bids of the said bidders will be graded in
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a manner in which the bidder, whose bid was the highest out of all the bids, will be declared
winner no. 1. The bidder whose bid was the second highest out of all the bids will be
declared winner no. 2, and the bidder whose bid was the third highest out of all the bids will
be declared winner no. 3, subject to the instructions in clauses 17, 19 and 20 below.
16.4. The winning bidders will receive from the Authority the licenses for the provision of
services, according to the grade of their victory, as detailed in full in clause 4.1. above.
16.5. If two bidders, or more, who complied with the pre‐conditions and the additional
conditions, specified the same rate of the combined license fee for 2017 and for 2018 and
beyond, in such a way that their identical bids are the highest financial bids (henceforth:
“Identical Bidders”)., the Authority will act in the following manner to choose the winner:
16.5.1. The Authority will write to the identical bidders, and ask them to submit improved
financial bids. The identical bidders will submit their improved bids, in writing, within forty‐
eight hours of receipt of the Authority’s written request (henceforth:” Best & Final Process”).
16.5.2. At the conclusion of the best and final process, the winner will be selected according
to the instructions detailed, for this purpose, in clause 16.2.2. above.
16.5.3. In order to remove all doubt, it is hereby made clear that in the confines of the Best
and Final process, the identical bidders will not be permitted to submit a bid, lower than
their previous bid.
16.5.4. If one of the identical bidders failed to take part in the Best & Final process, or, if he
submitted a financial bid, lower than his previous bid, then his original bid will be considered
his financial bid.
16.6. The bidder declares and hereby undertakes, that he has read and examined
professionally the method of submitting the financial bid as detailed in clause 12.5. above,
and in addition the method of selecting the winners of the tender according to the
instructions in clause 16.3. above, including the powers and the rights of the Authority as
per the aforementioned mechanisms, and in view of the above he has considered his
financial bid, and he hereby foregoes, finally, completely and irrevocably, and will be
prevented and silenced from raising any claim, and/or any demand in connection with the
realization of the Authority’s rights.
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16.7. Determining the Winners in the Tender
Subject to the legal powers of the Authority, and the powers of this order form, the
Authority will declare that the bidders whose bid has complied with all the pre‐conditions,
and the additional conditions, and whose financial bids were the highest, as the winners of
the tender.
16.8. Notification of Winning
16.8.1. Notification of the disqualification of a bid, and/or notification of winning, and/or
notification of not winning, will be sent to the participants in the tender exclusively by the
secretary of the Authority’s tender committee.
16.8.2. It is hereby made clear, that any notification given to the participants in the tender
regarding any of the subjects detailed in clause 16.8.1. above, verbally, and/or in writing by
any party other than the secretary of the Authority’s tender committee, is not, and will not
be valid, and the participant cannot rely upon it in any way or manner, in any way or for any
purpose or use. A bidder who acts differently, will do so exclusively on his own
responsibility.
16.9. Verdict of an Authorized Court contrary to the Decision of the Tender Committee.
If a winner will be appointed by the Authority (henceforth: “Original Winner”), and he begins
work as detailed in the contract, and if as a result of a judicial process, it will be determined
by an authorized court, that the victory of the original winner is null and void, and that
instead of him, another winner is declared (henceforth: “The Second Winner”), the original
winner will be obliged to cease his work, and to give the Authority all the information,
and/or documents in his possession, together with an updated report of the actions already
taken by him, and to allow the second winner to continue his work as detailed in the
contract. Despite all this, the original winner will not have any claim, and/or demand of any
type or nature, in this respect, including claims and demands emanating from investments
that he has made. The bidder’s signature on this bid order form serves as his explicit
undertaking to fill all the instructions of this clause completely.
17. Allocation of Service Locations
The Authority will allocate the service locations to the winners in the manner, and on the
conditions, specified below:
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17.1. After grading the bids, and determining the winners, the Authority will give winner
no. 1 written notification, in which he will be required to advise the Authority of his choice
of service locations included in area A, B, or C at the airport, area D or E at Ramon air field. In
addition, the Authority will allocate to winner no. 1, area F for the provision of ground
handling and passenger services at Eilat airport, and at Ovda. (Henceforth: Notification of
Choice”).
17.2. Winner no. 1 will notify the Authority of his choice of areas at the airport and at
Ramon airport, in writing, within forty‐eight hours of receiving the notification described in
clause 17.2 above, as long as those forty‐eight hours are all in regular business days.
17.3. The remaining service locations at the airport, after the allocation of service
locations to winner no. 1 (as long as anything is left in any of the areas) will be offered to
winner no. 2. Notification of the service locations offered to winner no. 2 will be given in
writing by the Authority (henceforth: Notification to Winner no.2). In addition, the
Authority will allocate to winner no.2 one of the areas at Ramon airfield, which was not
chosen by winner no. 1, and will also allocate to him area G for the provision of ground
handling and passenger services only.
17.4. Winner no. 2 will advise the Authority of his choice of areas at the airport, in writing,
within forty‐eight hours of receiving the notification described in clause 17.3 above, as long
as those forty‐eight hours are all in regular business days.
17.5. The service areas remaining between a, B, or C after the allocation of service
locations to winner no. 2 (as long as anything is left in any of the areas) will be allocated to
winner no. 3. Notification of the service locations offered to winner no. 3 will be given in
writing by the Authority (henceforth: Notification to Winner no.3).
17.6. As long as, after the process of allocating service locations D and E, service locations
remain available, that have not been chosen by winner no. 1 or winner no.2, the Authority
will be entitled to use these service locations at its exclusive discretion, including allocating
them to winner no. 3, as long as he chooses to provide ground handling and passenger
services at Ramon airport as detailed in clause 4.1.2. above. The Authority will notify winner
no. 3 of the aforementioned allocation of areas, as long as areas are allocated to him.
17.7. Winner no. 3 will give the Authority written confirmation of acceptance of the areas
allocated to him, within forty‐eight hours from the time of the notice to winner no. 3 of the
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service locations allocated, as stated, in clauses 17.5 – 17.6, as long as those forty‐eight
hours are all in regular business days.
17.8. The Authority will be eligible to extend the time allotted to give notice of choice of
areas, at its exclusive discretion, for any of the winners (all or some) for a period that the
Authority will determine. The Authority will be entitled to meet with the winners (all or
some) before the date of notifying their choice, for the purpose of explaining about the
service locations, all at the absolute and exclusive discretion of the Authority.
17.9. If any of the winners does not send his notification of choice to the Authority after
the date specified therefor in clause 17.2. or 17.4. or 17.6. above, respectively and subject to
the instructions in clause 17.8. above), and/or the winner sent notification of choice, but
that the notification does not include which of the service locations specified in the service
location appendix, the Authority will be entitled, at its absolute and exclusive discretion, to
allocate the relevant winner, whichever of the remaining service areas, at its exclusive
discretion, without considering the grade of the bidder’s financial bid, and without
detracting or damaging any of the winner’s obligations under the contract, and/or the
Authority’s rights according to the tender documents, and/or according to law (including in
connection with its right to confiscate the guarantee of the bid in the stated circumstances),
the winner hereby foregoes, finally, completely and irrevocably, and will be prevented and
silenced from raising any claim and/or demand in this respect.
17.10 Allocation of Operational Areas
In addition to the service locations which the Authority allocated, in areas A, B C, D, E, F and
G as detailed above, the Authority will allocate, at its absolute and exclusive discretion,
through the administration, operational areas as well, and that also related to the list of
operational equipment that will be submitted for the Authority’s approval. The allocation of
the operational areas will be carried out after the grading of the bids and the selection of the
winners. The Authority will be eligible at any time during the service period, to increase,
and/or to decrease operational areas, at its exclusive discretion, without any change in the
license fee for the ground handling services, and the license fee for the passenger services,
and/or the fees for the use of the shaded areas.
17.11. Allocation of Additional Areas at the Airport and/or Ramon airport and/or Eilat
Airport and/or Ovda Airport, and/or Airfields
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The Authority will allocate to one of the winners, according to their request, and according
to the current situation, rear areas at the airport, and/or at Ramon airport, and/or at Eilat
airport and/or at airfields, at the Authority’s prices for the use of the property, and the
service fees, for any of the rear areas requested.
18. Request for Clarification
18.1 Up to 22nd February 2016 at 12.00 noon, the bidders are entitled to request
clarifications in connection with the tender documents.
18.2. Questions of clarification should be posed in writing only, to Mr. Gadi Perl, Israel
Airports Authority, Ben Gurion Airport. Telephone: 03‐9750613, by fax 03‐9750618 and in
addition by e‐mail [email protected] (henceforth: “The Authority’s Address”). The bidder
will ensure by telephone whether the request for clarification has been received at the
address of the Authority stated above.
18.3. The Authority will be entitled, in any event, at its exclusive discretion, to relate, or
not to relate to requests for clarification, and, to remove all doubt, that applies also if the
requests are submitted after the date specified in clause 18.1. above or not to the address of
the Authority.
18.4. Any clarification, and/or change, and/or amendment, and/or addition which will be
made by the Authority in connection with the tender, at its own instigation, or as a reply to
the questions of those taking part in the tender (henceforth: together in this clause:
“Clarifications”), will be published on the internet site. Publication of clarifications by means
of the internet site will be considered for all intents and purposes, as if they had been
brought to the knowledge of each one of the bidders, and also in circumstances, in which,
for any reason whatsoever, the Authority did not by itself distribute the clarifications (some
or all) according to the instructions in clause 18.5. below, in any event it is the full and
exclusive responsibility of the bidders to be updated at all times, by themselves and at their
own instigation, about the existence of clarifications, to print them, and to attach them to
the bid, after they have taken into consideration what is said therein, and the bidders will be
prevented and silenced from raising any claim, and/or demand of any type or nature, in this
respect.
18.5. In addition, and without detracting from the bidders’ responsibility according to
clause 18.4. above, the Authority will distribute the clarifications directly to all who paid the
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participation fees in the tender, in whatever manner and by whatever means it deems fit, in
connection with each one of the clarification.
18.6. In order to remove all doubt, it is made clear that there will be no validity to any of
the Authority’s clarifications, unless they are published as described in clause 18.4. above.
19. Changes to completion requests
19.1. Any change or addition made to the terms of the tender by the bidder or his
reservations about it, whether or by the addition to the conditions of the tender
and the attached letter or in any other manner may result to the
disqualification of the proposal, and all in accordance with and subject to the
sole and absolute discretion of the Authority.
19.2. The Authority reserves the right to approach any of the bidders, at any time, all
at its sole and exclusive discretion, in request for clarifications and / or to
complete documents and / or information and / or data of any kind that are
related to their proposal, including in relation to preliminary conditions and / or
additional terms and / or in relation to the financial offer, including in relation
to all the computational error or otherwise, and / or emission and / or addition
and / or modification and / or deficiency and / or defect of any kind and for any
reason arising in any of the aforesaid (including in circumstances in which
negligence was caused or alternatively, in the deliberate knowledge of the
bidder), all without limiting any other of the rights granted to the Authority in
accordance with the other provisions stipulated in the tender documents and
the provisions of law.
19.3. The bidders hereby state and warrant that they are aware of and consent to the
Authority's powers as they are stipulated in the provisions of section 19 above,
are hereby waive fully and irrevocably, and will be prevented and muted from
raising any argument and / or claim and / or demand of any kind, in relation to
exercising the Authority's powers and / or due to the effects of exercising the
aforesaid powers.
20. The absence of obligation to accept a proposal
Notwithstanding the aforesaid in this document, the Authority does not undertake to
announce a winner of the tender.
21. Reviewing the decisions of the Tender Committee and the winning proposal
Only after selecting the winning bidder, shall a bidder be permitted to review the
decisions of the Tender Committee and the documents of the winning proposal in
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accordance with sub‐regulations 21(e) and 21(f) of the Mandatory Tender Regulations,
1993, after coordination with the secretary of the Tenders Committee, and this for a fee
of 500 NIS (five hundred), including VAT, and subject to the provisions of section 15.10
above.
22. The obligation of signing the contract
22.1. The operator shall sign the contract within 10 days from the date it was
delivered for signing or within the time prescribed by the Authority, whichever
latest.
22.2. After the operator signed the contract and upon presenting all of the
documents required in its framework, including guarantees for implementation
of the contract and certificates of insurance, to the satisfaction of the Authority
and as specified in the contract, the Authority shall sign the contract, and this
without limiting the Authority's rights in accordance with this order and / or by
law. For the avoidance of doubt it is clarified that prior to signing the formal
contract by the Authority, there shall be no valid agreement between the
parties, and this without limiting the obligations of the operator in accordance
with remaining provisions of the order form.
22.3. An operator that has not signed the contract within the time specified by the
Authority and / or an operator who did not extend the validity of the guarantee
for the proposal or did not present a guarantee as specified in the contract,
shall be considered in fundamental breach of the provisions of this form and /
or the provisions of the contract, as appropriate. In such a case, the Authority
shall be entitled to redeem the guarantee for the proposal, and all this without
limiting the right of the Authority to claim damages and / or additional relief,
including the enforcement of the contract or its cancellation and / or without
limiting the right of the Authority to redeem the guarantee as stated for any
other and / or additional violation, of any kind, of any of the operator's
liabilities, at the sole discretion of the Authority.
22.4. In the event the Authority has revoked the contract, the Authority shall be free
of any liability towards the operator, and shall be entitled to enter into contract
with another bidder or take any other action specified in section 23 below, and
the operator hereby waives and will shall be prevented and muted from raising
any claim and / or demand in this regard.
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23. Cancellation of the tender or cancellation of the contract
23.1. The right to cancel the tender or the contract
Not with standing any other statements in this proposals order form, the
Authority maintains its right to cancel at any time, the tender and / or cancel
the awarding of the tender to the winning tender and / or cancel the contract
with the winner of the tender, all in accordance with the powers granted to it
under this proposals order form, the contract and / or under other provisions of
law.
23.2. Cancellation of the tender ‐ Refund of Participation Fee
In the event the tender was canceled before a winner was declared, each of the
bidders only shall be entitled to reimbursement of the participation fees. It is
clarified that participants in the tender, ie, factor who paid the participation fee,
but did not submit a proposal for the tender, shall not be entitled to
reimbursement of the participation fee under the aforementioned
circumstances. In the event the tender was canceled after a winner was
declared, and this not due to a breach of any provisions of this proposals order
form and / or breach of any provisions of any law by the winning bidder, the
winner alone shall be entitled to reimbursement of the participation fee. It is
hereby agreed that the repayment specified above in this section shall
constitute full and final settlement in any matter related to the cancellation of
the tender, either directly or indirectly.
23.3. Revocation of the results
23.3.1 In the event the tender was canceled before a winner was declared, under the
circumstances described in section 23 above, the Authority may, at its sole
discretion, to issue a new tender and / or take any other duly action, in relation
to the performance of communications subject of the tender, whether the
tender's guarantee was returned to the bidders, or not.
23.3.2 In the event the tender was canceled after the winner was declared, or
alternatively, the winning tender was canceled, or alternatively the contract
with the winner of the tender was canceled, under the circumstances described
in section 23 above, then without limiting the rights of the Authority pursuant
to section 23.3.1 above, the Authority may, at its sole discretion, to turn to the
next bidder (who's offer had the highest monetary proposal, among the other
proposals which met all the conditions set forth in the proposal order form
(except the proposal(s) of the bidder(s) who's winning was canceled as stated).
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23.4. The bidders hereby state and warrant that they are aware of and consent to the
Authority's powers as they are stipulated in the provisions of section 23 above,
are hereby waive any argument and / or claim and / or demand of any kind in
relation to the exercise of the powers by the authority and / or as a result of
implications of exercising such power.
24. The wording of the tender and the submission of documents
In order to prevent any doubt it is hereby expressly stated and emphasized that the only
version that would obligate the Authority is the Hebrew version of tender documents
and the contracts that shall be signed with the winning bidder shall be in Hebrew.
25. Absence of exclusivity
It is hereby expressly clarified that the operator shall not be granted exclusivity in
providing any of the services subject of the authorization, all or part, and the Authority
grants as to the date of publication of the tender and may,
26. Use of information
The Authority hereby advises that it reserves the right to use, for any purpose, whether
during the contract period or afterwards, including for a future tender that will be held
in connection with the license, and/or the services (all or some of them), all the data
that it has accumulated during the contract period, including publication of sales
turnover and additional data connected to the licensed services, and the bidders hereby
agree in advance to any use or publication that the Authority will make as described
above, and that they hereby, irrevocably forego, and will be prevented and silenced
from, raising any claim and/or demand of any type or nature in this regard.
27. Prohibition of Endorsement
27.1. Each one of the bidders, undertakes not to transfer, and/or to endorse, and/or to
assign to another, in any form, and/or in any manner, directly and/or indirectly, any one of
the rights in the tender documents (including in the proposal order form, and/or the
contract that will be signed by him {if it will be signed}) and not to add, or to attach any
partner or to create any other corporation for the purpose of receiving right or obligation in
the tender documents (including in the proposal order form, and/or the contract that will be
signed by him {if it will be signed}), unless he received the written agreement, in advance, of
the Authority (if he does in fact receive such agreement).
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27.2. The Authority is entitled, at its exclusive and absolute discretion, not to approve the
transfer, and/or endorsement, and/or assignment as stated in clause 27.1 above. Any
transfer, and/or endorsement, and/or assignment as aforementioned that will not be
approved in writing by the Authority, will be null and void in principle, and will be invalid.
28. Secrecy of the Bid, and Fair Process
A bidder is not entitled to divulge details of his bid to others in general, and to other bidders
in the tender in particular, and/or to take any action involving intrigue and/or conspiracy.
29. Expenses incurred in Participating in the Tender Process
The participants in the tender process will bear by themselves all the expenses involved in
participating in the tender process, including the cost of the preparation of the bids, and will
not be entitled to any indemnity from the Authority for these expenses, except in the
circumstances described in clause 23.2 above.
30. Period of the Tender Documents
If an authorized court finds that one or more clauses (or any part thereof) in the tender
documents are invalid, or that they are void, or that they cannot be enforced, there is no
reason to impact the remaining parts of the tender documents, which will remain valid and
obligatory for all purposes.
31. Ownership of the Tender Documents
The ownership and copyright, and all other rights of any type or nature, of the tender
documents and their appendices, including the response of the bidders, will be exclusively
the Authority’s. the bidders in the tender are not entitled to make any use thereof, except
for the purpose of submitting a bid. The tender documents will be returned in their entirety
to the Authority’s offices no later than the last date for the submission of bids.
32. Addresses and Manner of Sending Notification
32.1. The address of the Authority for the purpose of sending notifications is as stated in
clause 18.2. above. The address of the bidders will be considered the address of the contact
person that is determined in the documents.
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32.2. Any notification sent by the Authority to the address of the bidder, or to their
contact person by registered mail, will be considered to have been received by the bidders
within three business days from the day on which it was sent; if sent by fax or e‐mail, it will
be considered to have been received by the bidders on the business day after it was sent;
and if delivered personally – at the time of delivery.
33. Authority of Judgement and Law on the tender
33.1. The authorized court in Tel Aviv – Yafo will have the exclusive judiciary authority to
hear any matter connected, and/or resulting from this tender process, and/or any matter
connected, and/or resulting from the tender documents, whether before the decision about
the winner in the tender, of whether after the decision about the winner.
33.2. Any matter connected, and/or resulting from this tender process, and/or any matter
connected, and/or resulting from the tender documents, whether before the decision about
the winner in the tender, of whether after the decision about the winner, will be subject
only to the law of the State of Israel, as formulated from time to time, and will be
interpreted according to these laws which will supersede the rules of choice of law which
turn to the application of foreign law.
Miri Amiel Ben Harosh
Head of the Trade Department
_____________________
The Airports Authority
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Annex A – General Information for the Bidder
Passengers traffic at Ben Gurion Airport
Period Total number of passengers
2008 11,070,281
2009 10,500,504
2010 11,485,263
2011 12,226,313
2012 12,400,479
2013 13,461,203
2014 14,266,737
Turnover and sales
Ben Gurion Airport
2012 2013 2014
Ground services 108,977,427 NIS 106,405,343 NIS 118,843,989 NIS
Accompaniment services
for passengers
35,509,348 NIS 36,335,851 NIS 36,280,761 NIS
Ovda
2012 2013 2014
Ground Services 7,617,505 NIS 6,272,380 NIS 3,186,803 NIS
Eilat
2012 2013 2014
Elevator 451,277 NIS 474,020 NIS 451,277 NIS