The 2009 Reforms of Israel's Mandatory Tenders Regulations: One Step Forward, Two Steps Backward?

41 Pages Posted: 26 Dec 2014

See all articles by Arie Reich

Arie Reich

Bar-Ilan University - Faculty of Law; European University Institute

Date Written: December 24, 2014

Abstract

In 2009, the Israeli Government initiated a comprehensive reform of its tendering regulations with the objective of streamlining and modernizing the procedures, adapting them to technological advances, and decentralizing authority in relation to choice of procurement method and the granting of exemptions from the use of public tenders. As a result of this reform, recent statistics obtained by the current author reveal that as much as 85% of Israel’s procurement is conducted by non-competitive procedures. Thus, the “mandatory tender” seems to have become the exception, rather than the rule, a development that ought to concern anybody that believes that public tenders are the best means to get best value for tax-payers’ money and to ensure probity in the procurement process. This paper discusses the 2009 reforms and the process that led up to them. It examines the various proposals made by several committees that were commissioned to review the functioning of Israel’s public procurement system and to what extent the proposals were influenced by the experience of foreign countries and by obligations under international agreements. Also, special attention is paid to whether technological changes have had an impact and to what extent the Israeli procurement system is taking advantage of modern technology. Finally, the paper presents extensive and detailed statistics on the actual use of competitive procedures and the new tendering methods following the reform and tries to draw conclusions from them on the wisdom and utility of the 2009 reforms and on decentralization of procurement decisions in general. These conclusions have important implications for other jurisdictions that consider decentralization of procurement decisions.

Keywords: Procurement, tendering, Israel, exemptions from public tendering, decentralization, online tendering

JEL Classification: H57, D44, K23

Suggested Citation

Reich, Arie, The 2009 Reforms of Israel's Mandatory Tenders Regulations: One Step Forward, Two Steps Backward? (December 24, 2014). Available at SSRN: https://ssrn.com/abstract=2542606 or http://dx.doi.org/10.2139/ssrn.2542606

Arie Reich (Contact Author)

Bar-Ilan University - Faculty of Law ( email )

Faculty of Law
Ramat Gan, 52900
Israel
+972 3 5318416 (Phone)
+972 3 5351856 (Fax)

European University Institute ( email )

Villa Schifanoia
133 via Bocaccio
Firenze (Florence), Tuscany 50014
Italy

Register to save articles to
your library

Register

Paper statistics

Downloads
62
rank
329,796
Abstract Views
510
PlumX