Compliance requirements
A bidder will be excluded if the company or its representative, management or supervisory board member, or procurator has been convicted of participation in a criminal organisation, corruption, fraud, terrorism, money laundering or another serious offence specified in the procurement documents. Exclusion also applies to convictions for enabling the employment of an unlawfully staying foreign national or breaching the conditions for a foreign national’s employment in Estonia, including paying less than the statutory wage, as well as for unlawful use of child labour or an act related to human trafficking. The bidder must have no outstanding tax, payment or environmental-charge debt, and awarding the contract must not breach international or Estonian sanctions. The bidder must confirm that none of the mandatory exclusion grounds apply.
The contracting authority may also exclude a bidder that has seriously or repeatedly breached a previous public contract, resulting in termination, withdrawal from the contract, a price reduction, compensation for damage or a contractual penalty. Exclusion may also apply where the bidder has submitted false information about compliance with the qualification requirements or failed to submit required information or documents. The bidder must confirm that the voluntary exclusion grounds do not apply.
In addition, companies established or resident in the Russian Federation or the Republic of Belarus may not participate in the procurement.
Qualification criteria and exclusion grounds
The bidder’s net turnover must have been at least EUR 100,000 in each of the last two completed financial years. If the financial year does not coincide with the calendar year, the requirement applies to the two most recently completed financial years, and at least six months must have elapsed from the end of the latest completed financial year by the tender submission date. The bidder must submit extracts from the annual accounts for the two most recently completed financial years showing the net turnover; this is not required from a legal entity registered in Estonia if the information is publicly available to the contracting authority from a state database.
The tender must include the fully completed Form 1, “Approved KKP according to Form 1 15KKP266A”, and preliminary drawings of the equipment. Partial completion of the form may result in the tender being declared non-compliant and rejected. The bidder must also provide the names, positions and contact details of the contract signatory or signatories and the contact person for contract-performance matters. If the signatory’s authority is not derived from the articles of association, a power of attorney must be included.
The bidder must confirm a warranty of at least 24 months for the offered equipment, starting from its handover to the contracting authority or an authorised contractor. The offered goods and their components must not have been manufactured in or originate from the Russian Federation or the Republic of Belarus; the contracting authority may request a certificate of origin as evidence. The tender must identify any trade secrets and explain their designation. The tender price and numerical indicators related to the award criteria may not be classified as trade secrets. The bidder must also take account of the contracting authority’s standard payment period or, where the factoring programme applies, a 95-calendar-day payment period.