Compliance requirements
The bidder must declare that neither it nor its management, supervisory or authorised representatives have final convictions within the relevant period for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or other forms of human trafficking. The bidder must also confirm compliance with tax and social security payment obligations; the stated threshold for both categories is EUR 0, subject to the applicable rules on tax debt certificates and deferred debts.
The exclusion grounds also cover agreements with creditors, bankruptcy, insolvency or liquidation proceedings, assets administered by a liquidator or court, suspended business activity, serious professional misconduct, anti-competitive agreements, conflicts of interest that cannot otherwise be avoided, involvement in preparing the procurement that creates an unremovable competitive advantage, and serious or repeated breaches of earlier public contracts resulting in early termination, damages, price reduction or penalties. False or misleading information, failure to provide required information or documents, and attempts to obtain confidential information or improperly influence the contracting authority may also lead to exclusion.
The bidder must confirm compliance with national exclusion grounds, including unlawful employment of foreign nationals, international sanctions and convictions for tax offences. The bidder must also confirm that the offered goods are not subject to international sanctions or sourced from sanctioned regions, that more than 50% of its ownership is not held directly or indirectly by Russian nationals, residents or entities, and that it is not acting on their behalf or instructions. Subcontractors, suppliers and relied-upon entities connected to such persons may not account for more than 10% of the contract value or be used for meeting the qualification requirements. Where applicable, the bidder must provide ownership, beneficial-owner and representative information. If an exclusion ground exists, evidence of remedial measures may be submitted where permitted by law or the procurement documents.
Qualification criteria and exclusion grounds
For Lot 1, the bidder’s net turnover must have been at least EUR 300,000 in each of the last three completed financial years. For Lot 2, the requirement is at least EUR 250,000 in each of the last three completed financial years. For a calendar-year company, the relevant years are 2023, 2024 and 2025. The bidder must provide the turnover figures by year in the ESPD.
For Lot 1, the bidder must have completed at least one contract for the sale of fuel during the 36 months preceding the start of the procurement, with a value of at least EUR 175,000 excluding VAT. For Lot 2, at least one such contract with a value of at least EUR 100,000 excluding VAT is required. The bidder must provide the buyer’s name and contact details, a description of the contract, the performance period and the contract value. If the contract was concluded earlier or is still ongoing, the value performed during the relevant 36-month period must be stated.
The bid must include the completed price form in Annex 4. It must state, for each fuel type, the average VAT-inclusive price per litre at 12:00 on the date of publication of the contract notice, calculated using prices across the bidder’s entire station network, as well as the discount percentages applicable throughout the framework agreement. For Lot 1, a discount for vehicle accessories and maintenance products must also be stated.
For Lot 1, the bidder must be able to provide 24/7 refuelling at compliant stations throughout the framework agreement in the specified regions: at least 5 in Tallinn, 3 in Tartu, and at least 1 in each of Viljandi, Pärnu and Narva, as well as Jõgeva, Järva, Lääne, Lääne-Viru, Rapla, Saare, Valga and Võru counties. For Lot 2, compliant 24/7 stations with quay-side refuelling must be available at least at Kõiguste Harbour, Kallaste Harbour and Pärnu Yacht Harbour. In both lots, at least diesel and either petrol 95 or petrol 98 must be available.
The bid must be submitted by the bidder’s legal representative or an authorised representative. If several bidders submit a joint bid, they must appoint a representative, provide the power of attorney and confirmation of joint and several liability, and submit an ESPD for each bidder.