Compliance requirements
The bidder must confirm that the bidder, its management or supervisory body members, procurists and other persons authorized to represent or control it have not, during the last five years, been finally convicted of participation in a criminal organization, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour or human trafficking offences. The exclusion ground may also apply where a court-imposed exclusion obligation remains in force. Where applicable, the bidder may submit evidence of remedial measures taken to restore its reliability.
Exclusion may also result from breaches of tax or social security payment obligations, bankruptcy or insolvency, liquidation, administration of assets by a liquidator or court, suspended business activities, an agreement with creditors, serious professional misconduct, breaches of environmental, social or labour-law obligations, conflicts of interest, involvement in preparing the procurement, agreements distorting competition, serious breaches of previous contracts, or the submission of false information or failure to provide required information and documents. For tax and social security debt, the stated threshold is EUR 0; for Estonian tax authorities, a tax-debt certificate is not issued where the debt is below EUR 100 or payment has been deferred.
The bidder must also confirm that contract award would not breach international or Estonian sanctions. The offered goods must not be subject to international sanctions or originate from sanctioned regions. Subcontractors or suppliers covered by the Russian-related sanctions may not account for more than 10% of the contract value. Additional evidence and confirmations must be provided in the ESPD and upon the purchaser’s request.
Qualification criteria and exclusion grounds
The machine-readable ESPD does not set a specific turnover, previous experience, staffing or certified-specialist requirement. The bidder must provide the European Single Procurement Document declarations and be able to prove proper payment of taxes and social security contributions. The bid must state the lots for which it is submitted; bids may be submitted for up to 14 lots, and a contract may be awarded to one bidder for up to 14 lots.
The bidder must submit technical compliance documentation, including manufacturer conformity certificates, catalogues, product information, user and maintenance instructions, and technical data. The technical bid must be prepared using Annex I, the technical description and bid form, and the price must be entered in the structure specified in the evaluation criteria and priced indicators worksheet. Conditional bids are not permitted.
The bidder must provide the name, position, telephone number and email address of the person who will sign the successful bid and the framework and procurement agreement, as well as the contract-performance contact person. In a joint bid, a power of attorney for the joint bidders must be included. If the bidder relies on another entity’s capacity or uses subcontractors, the required information and confirmations must be provided.
If the bid has the lowest price in a particular lot, five samples for each relevant lot must be submitted for testing within five working days of the purchaser’s notice. The purchaser may order additional samples, which must be supplied within seven calendar days. Late or missing samples, or non-compliance identified during practical product testing, may result in rejection. The precise technical specifications must be checked in the tender documents and Annex I.