Mandatory Liability Insurance for Healthcare Service Providers

The bidder may be excluded where it or its management, supervisory or representative persons have, within the previous five years or while an exclusion period remains in force, been convicted of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, child labour or human trafficking. The grounds also include failure to pay taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, an analogous proceeding, creditor arrangements, assets administered by a liquidator or court, or suspended business activity; serious professional misconduct; agreements intended to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement that creates an unremediable competitive advantage; and significant or repeated failures under previous contracts resulting in early termination, damages, price reductions or penalties. Exclusion grounds also include false or misleading information, withholding required information or documents, failure to provide requested supporting documents, or attempts to obtain confidential information or improperly influence the contracting authority. National grounds include enabling a foreign national to work without legal grounds or in breach of employment conditions, including payment below the statutory wage rate; entering into a contract that would breach an international or Estonian government sanction; and convictions for tax offences. Where legally permitted, the bidder may provide evidence of measures taken to restore its reliability. For tax and social security debts, the notice specifies a threshold of EUR 0; however, under Estonian law, a tax-debt certificate is not issued for debt below EUR 100 (excluding interest not determined by an administrative act) or where payment has been deferred.

The bidder must be a licensed insurance provider from an EU Member State, another European Economic Area state, or a country party to the WTO Government Procurement Agreement. It must hold authorisation to conduct non-life insurance business in Estonia; the contracting authority will verify this in the Financial Supervision Authority’s electronic register. The proposed cover must fully comply with the Compulsory Liability Insurance of Healthcare Providers Act. The premium must include the full cost of the claims-notification period, with no additional charge to the contracting authority for that period when the policy ends or the insurer changes. The bidder must submit its insurance offer and the underlying policy terms. Full claims handling and communication with the policyholder and entitled persons must be available in Estonian through resolution of the case. The insurer must provide contact point(s) in Estonia and submit their address, telephone number and email address. The offer must be unconditional, comply with the procurement documents and follow the prescribed price-submission structure. Where bidders submit a joint offer, they must appoint an authorised representative and include the joint bidders’ power of attorney. The bidder must identify and justify any trade secrets; prices and evaluation-related numerical indicators may not be designated as trade secrets. Where an equivalent solution is offered, the bidder must explain the equivalence and provide supporting evidence. The bidder must confirm that it will not use, for more than 10% of the contract value, subcontractors or suppliers that are Russian nationals, residents or entities established in Russia; entities more than 50% owned by such persons or entities; or persons or entities acting on their behalf or under their direction. The bidder must also confirm that any goods offered are not subject to international sanctions or originating from sanctioned regions.