Compliance requirements
The bidder must confirm that neither it nor its representatives or members of its management and supervisory bodies fall under any applicable exclusion grounds. These include, among other things, final convictions for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and illegal employment of children or offences related to human trafficking. Compliance with tax and social security payment obligations is also checked; tax or social security debt may lead to exclusion except in cases permitted by law, such as fulfilment of the obligation or a binding repayment agreement.
The exclusion grounds also cover bankruptcy, liquidation or another insolvency situation, an arrangement with creditors, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest, inappropriate involvement in preparing the procurement, serious breaches of previous public contracts, and the submission of false information or failure to provide required documents. The bidder must also confirm compliance with environmental, social and labour-law obligations and that awarding the contract would not breach international or Estonian sanctions. Where applicable, the bidder may provide evidence of remedial measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The machine-readable notice did not include precise requirements concerning financial capacity, turnover, previous experience or team qualifications; these must be checked in the tender documents and the ESPD.
The bidder must submit the completed application for participation in the procurement procedure. In the case of a joint tender, a power of attorney for the joint tenderers appointing an authorised representative must be submitted.
The tender must follow the structure specified in the tender documents, and the completed “314458 Price Form” must be submitted in the same format as provided in the tender documents. The total tender price must be stated exclusive of VAT and in accordance with the required price-form field R7. Conditional tenders are not permitted.
For the offered product, the bidder must submit the completed technical description and tender form and manufacturer-issued technical data in Estonian or English. For each offered product, the bidder must provide the manufacturer’s declaration of conformity, instructions for use, packaging labelling and, where applicable, an EC certificate of conformity. Other documents proving conformity and a manufacturer-issued document or copy proving that the bidder is the official representative and/or authorised distributor of the offered products must also be submitted.
The bidder must confirm that the tender complies with the tender documents. If an equivalent product or solution is offered, its equivalence must be explained and supporting evidence provided. The tender must identify information considered a trade secret and explain the designation; the tender price and other price-related indicators that may not legally be classified as trade secrets must not be marked as confidential.