Compliance requirements
The bidder will be excluded if the company, or a member of its administrative, management or supervisory body, its procurator, or another person with authority to represent, decide for or control the company, has been convicted of participation in a criminal organisation, breach of the duty of integrity, corruption, fraud, terrorism, money laundering or terrorist financing-related offences. Exclusion also applies to convictions for enabling the employment of a foreign national staying in the country unlawfully or breaching the conditions for employing a foreign national in Estonia, including paying less than the required remuneration, as well as for unlawful use of child labour or human trafficking.
The bidder must not have outstanding national tax, payment or environmental charge liabilities, and the conclusion of the contract must not breach an international sanction or a sanction imposed by the Government of Estonia. The contracting authority may also exclude a bidder for a substantial or repeated breach of an important term of a previous public contract, or where the bidder has provided false information or failed to submit required information or documents. The tender must include the contracting authority’s form confirming the absence of exclusion grounds. The bidder must also confirm that the goods offered are not subject to an international sanction and do not originate from a sanctioned region.
Qualification criteria and exclusion grounds
No separate qualification or award criteria are specified in the European Single Procurement Document. Under the compliance requirements, the bidder must be authorised to sell electricity. For a bidder established in Estonia, the contracting authority will verify the registration notice for electricity sales in the Register of Economic Activities. A foreign bidder must submit a certificate from the competent authority in its country of establishment confirming the relevant registration or licence.
The bidder must be an open supplier and be included in the list of open suppliers maintained by Elering AS. The bidder must also be a balance responsible party or submit a copy of an agreement with a balance responsible party covering open supply and balance management.
The bidder must have a customer service function for electricity sales. The tender must include information on its organisation, including the customer service telephone number, email address, the possibility of issuing combined digital invoices for electricity and network services, and measures for organising customer service and ensuring staff competence.
The tender must be submitted by the bidder’s legal or authorised representative. If the signatory is not a management board member entered in the registry card, a power of attorney must be attached. The bidder must submit the participation application, the tender price on the registry’s award-criteria form, and confirmation that the price includes all contract performance costs. Any trade secret must be identified and justified, but the tender price and prices for individual items may not be designated as trade secrets. The input does not specify precise qualification requirements concerning financial capacity, previous experience or personnel.