Compliance requirements
The bidder must not be subject to any mandatory exclusion grounds. The bidder, its management, administrative or supervisory body member, procurator, or another person authorised to represent, decide for or control the undertaking must not have been convicted of participation in a criminal organisation, breach of integrity obligations, corruption, fraud, terrorism-related offences, money laundering or terrorist financing. Such persons must also not have been convicted of enabling an unlawfully residing foreign national to work or breaching the conditions for a foreign national’s employment, including paying below the required wage, or of unlawful use of child labour or an offence related to human trafficking.
The bidder must not have outstanding state tax, payment or environmental charge debts, or tax or social security contribution debts under the law of its country of establishment. Contract award must not breach an international sanction or a sanction of the Republic of Estonia.
The contracting authority may also exclude a bidder that has substantially or repeatedly breached a previous procurement contract, resulting in withdrawal from or termination of the contract, a price reduction, compensation for damage or a contractual penalty. Exclusion may also result from submitting false information about compliance with the qualification requirements or failing to submit required information or documents. The bidder must confirm that none of these exclusion grounds applies. An undertaking established or resident in the Russian Federation or Belarus may not participate in the procurement.
Qualification criteria and exclusion grounds
The bidder’s annual net turnover must have been at least EUR 90,000 in each of the last two completed financial years. The bidder must provide an extract from the annual accounts for those two years, unless the information concerning an Estonian-registered legal person is publicly available to the contracting authority from a state database. 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 tender must include the duly completed technical information form “Form 1: for a 15MOT266A+100kVA non-approved MOT” and sketch drawings of the equipment. Partial completion of the form may result in the tender being deemed non-compliant and rejected. The bidder must provide a warranty of at least 24 months from delivery of the equipment to the contracting authority or its authorised contractor.
The bidder must provide the name, position and contact details of the contract signatory and the contact details of the person responsible for contract-performance matters. If the signatory’s authority does not arise from the articles of association, a power of attorney must be included. The tender must identify any trade secrets and explain their designation; the tender price and characteristics of the tender relevant to the award criteria may not be classified as trade secrets. The offered goods and their components must not be manufactured in or originate from the Russian Federation or Belarus, and the contracting authority may require a certificate of origin as evidence. The bidder must also take account of the contracting authority’s standard payment terms: 14, 35 or 45 calendar days depending on the contract value; participation in the factoring programme results in a 95-calendar-day payment term.