Compliance requirements
The bidder must confirm that neither the bidder nor its directors, management or supervisory board members, authorised representatives or controllers have relevant final convictions within the previous five years, or an exclusion period that is still in force, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour and other forms of trafficking in human beings.
The bidder must not have unpaid taxes or social security contributions. The exclusion grounds also cover breaches of environmental, social or labour law; bankruptcy, liquidation, insolvency proceedings or comparable situations; an arrangement with creditors; assets administered by a liquidator or court; suspended business activities; serious professional misconduct; anti-competitive agreements; conflicts of interest; involvement in preparing the procurement that creates an unavoidable competitive advantage; serious or repeated breaches of earlier public contracts resulting in early termination, damages or comparable sanctions; and false or misleading information, failure to provide required information or documents, or attempts to improperly influence the procurement.
The bidder must also confirm compliance with the national exclusion grounds, including unlawful employment of foreign nationals, international sanctions, tax-related convictions and any restrictions on the right to submit a tender. Where an exclusion ground exists, the bidder may provide evidence of remedial measures where permitted by law or the tender documents.
The bidder must confirm that it will not use subcontractors or suppliers representing more than 10% of the contract value if they 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 instructions. The bidder must also confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions.
Qualification criteria and exclusion grounds
The bidder’s total net turnover must have been at least EUR 460,000 in each of the last three financial years completed before the procurement started. The bidder must also have properly completed at least two similar contracts during the 36 months preceding the start of the procurement, with a combined value of at least EUR 200,000 excluding VAT. Similar contracts are contracts for the maintenance and support of SAP licences. For each reference, the bidder must provide a description, value, performance period, scope of responsibility, contracting authority and contact details.
The bidder must submit CVs for the maintenance team, which must include an SAP project manager, an SAP ERP Financial and Controlling consultant including SAP Bank Communication, an SAP Materials Management consultant, an SAP Basis consultant, an SAP developer, an SAP BW including SEM consultant, and an S/4HANA FICO consultant. The detailed requirements for team members are set out in Annex 1 to the framework agreement project, page 6. The contracting authority may verify the information in the CVs and request supporting evidence.
The bidder must submit confirmation, certificate or other evidence issued by SAP or an entity authorised by SAP proving the right to provide SAP ERP maintenance and support services in Estonia. The bidder must confirm compliance with the tender documents, submit the tender price in the required structure, and provide all required documents. Conditional tenders are not permitted. The bidder must also comply with the specified environmental requirements, including digital delivery of materials where possible, avoiding unnecessarily large files and using Type I ecolabelled products when printing is necessary. In a joint tender, an authorisation for the representative of the joint bidders must be submitted.