Compliance requirements
The bidder must confirm that neither it, its management or supervisory board members, nor persons authorised to represent, decide for or control it have, within the last five years, been finally convicted of participation in a criminal organisation, corruption, fraud, terrorism, money laundering or terrorist financing, or offences involving child labour or human trafficking. The confirmations also cover enabling an unlawfully staying foreign national to work and other national exclusion grounds specified in the ESPD.
The bidder must not have outstanding tax or social security payment obligations. It must not be bankrupt, in liquidation, subject to insolvency or similar proceedings, or have suspended its business activities. Exclusion may also result from serious professional misconduct, agreements restricting competition, an unresolved conflict of interest, involvement in preparing the procurement, early termination or sanctions arising from serious previous contract breaches, or the submission of false information or failure to provide required documents.
The bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. It must also confirm that it will not use, for more than 10% of the contract value, subcontractors or suppliers who are Russian nationals, residents or entities established in Russia, or entities owned or controlled by them or acting on their instructions. Where an exclusion ground exists, evidence of remedial measures may be submitted for an above-threshold procurement or where the tender documents allow it.
Qualification criteria and exclusion grounds
The bidder’s total annual turnover must have been at least EUR 300,000 in each of the last three financial years completed before the start of the procurement. The bidder must provide the relevant figures in the ESPD and, upon request, annual accounts, extracts or other suitable evidence. If relying on another entity’s resources, the bidder must also submit that entity’s ESPD and a statement of joint and several liability for the relevant part of the contract.
Within the 36 months preceding the start of the procurement, the bidder must have completed at least three sales or rental contracts for mobile phones and/or tablets, each with a value of at least EUR 50,000 excluding VAT. For rental contracts, the devices must have been delivered and handed over by the date of publication of the procurement, although the rental contract does not have to have ended by that date. The ESPD must include a description of each contract, its value and dates, and the details of the other contracting party and its contact person; the procurement reference number must also be provided where applicable.
The tender must comply with the technical requirements in Annex 1 to the technical specification and include information confirming that the devices are new and in the manufacturer’s original packaging, the manufacturer’s model or product name, a compliant technical description, manufacturer datasheets and a publicly and anonymously accessible website for checking the detailed specifications. Any equivalence must be explained and supported by evidence where necessary. The bidder must provide at least a 36-month warranty and submit the manufacturer’s confirmation of partner status, including contact details for the companies authorised to perform warranty work.
The bidder must submit an environmentally responsible disposal plan covering collection, confidential handling and deletion of data carriers, and dismantling for reuse, recycling or disposal. For reuse and recycling, the bidder must provide the required evidence of membership in the relevant producer responsibility organisation, use of an authorised waste handler or possession of a waste permit. A detailed donation plan for Class A devices must also be submitted, including target groups, cooperation partner contact details, the delivery process and the method of proving that donations took place. A power of attorney must be submitted for a joint tender. An EPEAT 1.0 certificate or equivalent environmental label is voluntary; if offered, it must be supported by a certificate or objective, verifiable documents.