Compliance requirements
The bidder must confirm that the company, its management or supervisory board members, and its authorised representatives are not subject to exclusion grounds. The checks cover, among other matters, final convictions for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and the illegal use of child labour or other forms of human trafficking.
The contracting authority also checks breaches of tax and social security payment obligations; environmental, social and labour-law obligations; bankruptcy, liquidation and other insolvency situations; control of assets by a liquidator or court; suspension of business activities; serious professional misconduct; anti-competitive agreements; conflicts of interest; and early termination, damages or penalties resulting from a material breach of a previous public contract.
Exclusion may also result from submitting false information, failing to provide required information or documents, unlawfully influencing the contracting authority’s decision-making process, or obtaining confidential information. Under Estonian law, the checks additionally cover offences related to enabling an unlawfully staying foreign national to work, the status of goods or persons subject to international sanctions, tax offences and legal restrictions on participation in the procurement. For tax and social security arrears, tax debts below EUR 100 or rescheduled tax debts may not appear on a tax debt certificate. Where an exclusion ground exists, evidence of remedial measures restoring reliability may be submitted in certain circumstances.
Qualification criteria and exclusion grounds
The machine-readable notice did not include precise selection or financial-capacity requirements, such as minimum turnover, previous experience or required personnel; these must be checked in the tender documents.
The bidder must submit a description of the proposed protective wax for spruce and pine seedlings together with its technical specifications. The information must prove that the product complies with the requirements of the technical description.
By submitting a bid, the bidder must confirm acceptance of all conditions set out in the tender documents. Conditional bids are not permitted. If the bid is submitted jointly, a power of attorney for the joint bidders must be included, appointing an authorised representative.
The bidder must identify any trade secrets and explain the basis for that classification, or confirm that the bid contains no trade secrets. The bid price and other bid-related figures that must be disclosed for the relevant type of contract may not be classified as trade secrets.
If the bid uses an equivalent solution instead of a standard, label, production method, source of supply or other technical reference mentioned in the tender documents, the equivalence must be explained and supporting evidence must be provided. The bidder must confirm that the goods are not subject to international sanctions and do not originate from a sanctioned region. The bidder must also confirm that it will not use subcontractors or suppliers for more than 10% of the contract value where those subcontractors or suppliers fall within the sanctioned categories or have the prohibited links described in the tender documents.