Compliance requirements
The bidder and its representatives must not be subject to exclusion grounds. The checks cover, among other matters, final convictions for participation in a criminal organisation, corruption, fraud, terrorism, money laundering or terrorist financing, and the unlawful employment of children or other forms of human trafficking. Convictions generally remain relevant if issued within the last five years or if an exclusion period is still in force.
A ground for exclusion may also arise from failure to pay taxes or social security contributions. The notice states a threshold of EUR 0 for such arrears; exceptions concerning the issuance of tax certificates, including arrears below EUR 100 or rescheduled tax debt, must be assessed under the applicable legislation.
The checks also cover bankruptcy, liquidation or other insolvency proceedings, an agreement with creditors, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest, material breaches of previous public contracts, false information or failure to provide required documents, and attempts to improperly influence the procurement procedure or obtain confidential information. Grounds relating to breaches of environmental, social and labour-law obligations may also apply.
National grounds include enabling the employment of a foreign national staying without a legal basis, circumstances connected with international sanctions, convictions for tax offences, local tax debt owed in the contracting authority’s area, and participation restrictions based on the bidder’s place of residence or establishment. The bidder must provide the required declarations and, where necessary, evidence. If an exclusion ground applies, evidence of remedial measures may be submitted where this is permitted by the tender documents.
Qualification criteria and exclusion grounds
The machine-readable tender passport does not set a specific turnover, previous experience or team qualification requirement. The bidder must nevertheless meet the compliance requirements, including the following:
- A fully completed sample shopping basket must be submitted using the form for the relevant lot. All unit prices must reflect the ordinary prices applicable on the date of publication of the contract notice, without discounts. The contracting authority may request evidence of their accuracy, such as an extract from the sales system.
- Every line of the sample shopping basket must be completed and the form must not be altered. The discount percentage must be stated to two decimal places, and the sample basket price excluding VAT must also be stated to two decimal places. Zero prices and a 0% discount make the tender non-compliant.
- For Lot 1, the bidder must submit a technical description of the online store, the online store address and, where necessary, user credentials. The online store must provide the functionality required in the technical specification and contain the required product categories.
- For Lot 2, the bidder must have at least four stores in Tallinn that comply with the technical specification. The tender must include a list of the stores with their names, addresses, opening hours and information on which store will dispatch online orders.
- Throughout the framework agreement, the bidder must hold the permits or submit the notifications required for handling food products in the supervision information system of the Agriculture and Food Board, where required by law.
- The bidder must provide a list of the packaging materials used and explain that the packaging is easily recyclable, made from renewable resources or reusable, manually sortable, compliant with food hygiene requirements and intact.
- The tender must comply with the tender documents; conditional tenders are not permitted. If an alternative solution is offered, its equivalence must be explained and supporting evidence provided.
- The bidder must provide the names and personal identification codes of the required authorised representatives, or confirm that no such persons exist. In the case of a joint tender, a power of attorney from the joint bidders must be included.
- The bidder must confirm that it will not use, for more than 10% of the contract value, subcontractors or suppliers covered by the sanctions relating to Russian origin or control. The tender must identify any trade secrets and explain the designation, or confirm that it contains no trade secrets. The required sanctions, anti-corruption and other compliance confirmations must also be provided.