The Chinese infrastructure firm China Harbour Engineering Company, which the Israel Ports Authority disqualified from the Haifa Port tender "for reasons of national security," refused to relent and decided to fight the decision.
In a filing made a few days ago to the Tel Aviv District Court, it argues that "the Tender Committee acknowledges that it served as a rubber stamp for the authorities in the country, completely disregarding independent judgment, with closed eyes and unaware of the content of the recommendation."
Furthermore, it is argued that "despite the Tender Committee's authority, and only after weighing all the considerations and hearing all sides, it became clear that the authorities in the country, and not the Ports Authority's Tender Committee, were the ones who made the decision. Thus, the Tender Committee served only as a body implementing the decision of the National Security Council."
The Israel Ports Authority argued after the Tender Committee's decision that "since it is a government company whose activity and inherent risks are determined by the security authorities in connection with its activity, and in the current situation in which the State of Israel is at war, the Tender Committee sees no reason to ignore the position of the security authorities."
In fact, the company claims that "with all due respect to national security considerations, they do not justify allowing the authorities in the country to step into the shoes of the Tender Committee and make decisions in their place. In other words, national security does not permit the Tender Committee and the authorities in the country to act bluntly in violation of fundamental principles of administrative and tender law, and in particular to act in a manner that undermines the essence of the Tender Committee and its members."
A hearing on the matter is scheduled for May 1. Israel Ports Authority responded: "The matter is being discussed in court, and we have no intention of commenting."