Compliance requirements
The bidder and members of its representative, management or supervisory bodies are subject to checks for exclusion grounds, including final convictions for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and human trafficking or unlawful use of child labour. Checks also cover failure to pay taxes or social security contributions, bankruptcy, insolvency, liquidation, suspension of business, and arrangements with creditors.
Other possible grounds include breaches of environmental, social or labour-law obligations; grave professional misconduct; agreements intended to distort competition; an unavoidable conflict of interest or an advantage arising from involvement in preparing the procurement; significant or repeated failure to perform a previous contract; false statements or failure to provide required information or documents; and improper attempts to influence the buyer’s decision-making or obtain confidential information. Under Estonian law, checks also cover enabling a foreign national to work in Estonia without a legal basis, risk of breaching international sanctions, convictions for tax offences, local tax arrears in the buyer’s area, and any participation restrictions imposed by the buyer.
The bidder must confirm that the goods offered are not subject to international sanctions and do not originate in a sanctioned region. Subcontractors or suppliers who are Russian nationals, residents or entities established in Russia, entities more than 50% directly or indirectly owned by such persons or entities, or persons acting on their behalf or under their direction may not be engaged for more than 10% of the contract value. A contract with a prohibited party may be void, and the tender will be rejected. Where an exclusion ground applies, the bidder may, where permitted by the procurement documents and applicable law, submit evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
Economic and financial standing: the bidder’s net turnover from all business activities must have been at least EUR 100,000 in each of the three financial years completed by the start of the procurement. The bidder must provide the turnover information in the ESPD. If it is not available in a public database, the buyer may request the three most recent annual accounts, extracts or other evidence of the required turnover. If relying on another entity’s resources, the bidder must also provide that entity’s ESPD.
Technical and professional capacity: during the 36 months preceding the start of the procurement, the bidder must have completed at least one sales contract for an RFID-based library self-service device and at least one sales contract involving a self-service device hardware and software solution. These requirements may be demonstrated through one or two contracts; a single contract must meet both requirements. Only the part delivered to and accepted by the buyer during the reference period counts. The ESPD must include a description of the contracts, their completion dates, and the buyer’s and contact person’s details. At the buyer’s request, supplementary explanations or evidence for information that is not freely available in public databases must be provided within three working days. If relying on another entity’s capacity, the bidder must also provide that entity’s ESPD.
An IT specialist must be engaged in performing the contract. The specialist must have experience in at least one project involving the integration of self-service software with a library system using the SIP2 protocol and/or an API. The specialist’s CV must demonstrate this experience and be submitted no later than five working days after the contract is signed.
The tender must comply with the procurement documents and must not be conditional. The bidder must submit the completed technical compliance form without alterations, together with the manufacturer’s specifications and any other manufacturer documents required by the form. Where relevant, equivalence must be explained and supporting evidence provided. Prices must follow the prescribed structure; zero or negative prices are not permitted. For a joint tender, an authorisation of the joint bidders must be included. The bidder must identify and justify any information claimed as a trade secret; the tender price and other evaluation figures specified by law may not be classified as trade secrets. The supplied extracts do not specify the exact award-criterion weightings or scoring method; these must be checked in the procurement documents.