Compliance requirements
The bidder must not be subject to exclusion grounds, including a final conviction for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, illegal use of child labour or human trafficking. The bidder must also have no outstanding tax or social security payment obligations, bankruptcy or insolvency proceedings, liquidation or a comparable situation.
Other possible exclusion grounds include suspended business activities, serious professional misconduct, agreements restricting competition, an unresolved conflict of interest, involvement in preparing the procurement, serious breach of a previous public contract, or the submission of false information or failure to provide required documents. Compliance with environmental, social and labour law obligations is also checked, as are national grounds concerning the employment of unlawfully resident foreign nationals, international sanctions and tax offences. The threshold for tax and social security debt is EUR 0; foreign bidders must provide evidence meeting the requirements of their country of establishment. Where an exclusion ground applies, evidence of remedial measures may be submitted where permitted by the tender documents.
Qualification criteria and exclusion grounds
The tender is divided into 14 lots, and tenders may be submitted for all 14 lots. An Estonian State Agency of Medicines wholesale licence is required for all lots 1–14. The contracting authority will verify the licence in the State Agency of Medicines register.
Each offered medicine must have a marketing authorisation or an import or use authorisation issued by the State Agency of Medicines. Copies of the relevant authorisation documents must be provided where necessary. The bidder must submit product descriptions, manufacturer information or other evidence allowing the contracting authority to verify compliance with the requirements of the tender documents.
The bidder must submit the participation application using Form 1. If the person signing the tender does not have representation rights recorded in the commercial register, a power of attorney using Form 2 must be attached. In the case of a joint tender, a power of attorney for the joint bidders must be included. The tender must be unconditional and its submission confirms acceptance of the tender document requirements. The price offer must be submitted using the completed Form 4.
The bidder must confirm that the tender complies with the tender documents. If the proposed solution differs from a referenced standard, label, product or other basis, equivalence must be explained and supporting evidence attached. Any business secret and the reasons for its designation must be identified; the tender price and lot prices may not be designated as business secrets.