Purchase of Network Equipment

The bidder must confirm that neither the bidder nor its management, administrative or supervisory body members or representatives have been finally convicted during the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the unlawful use of child labour or human trafficking. The bidder must also have complied with its tax and social security payment obligations. The exclusion grounds also cover bankruptcy or insolvency and liquidation proceedings, assets being administered by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest, prior involvement in preparing the procurement, and substantial or repeated breaches of previous public contracts resulting in early termination, damages or penalties. Grounds may also arise from submitting false information, failing to provide required information or documents, or improperly influencing the contracting authority’s decision-making process. The bidder must additionally confirm that no further grounds under Estonian law apply, including enabling an unlawfully resident foreign national to work, breaching an international or Estonian sanction, or having been convicted of tax offences. Where permitted by the tender documents and applicable law, a bidder affected by an exclusion ground may submit evidence of measures taken to restore its reliability. The bidder must provide the required procurement passport declarations and, where necessary, supporting evidence.

The bidder must have completed at least two contracts between 1 January 2021 and the date on which the contract notice was published in the public procurement register. Each contract must have concerned the sale of network equipment and had a value of at least EUR 30,000 excluding VAT. If a contract began before 1 January 2021 or ended after publication of the contract notice, at least EUR 30,000 excluding VAT of the contract must have been performed during the specified period. The tender must include a list of these contracts with their dates, values and details of the other contracting parties, and, where required, contact details and supporting evidence. If the bidder relies on another company’s resources to demonstrate technical and professional capacity, that company’s procurement passport must also be submitted. The contracting authority will check that company’s exclusion grounds and compliance with the relevant requirements. The tender must comply with the procurement documents. A product sheet or other document proving the specifications of the proposed equipment must be submitted. Where an equivalent product is offered, its equivalence must be explained and supported by evidence. For a joint tender, a power of attorney for the joint bidders must be included and an authorised representative must be appointed from among them. The bidder must identify and justify any information claimed as a trade secret; the tender price and prohibited numerical tender indicators may not be classified as trade secrets. The required sanctions-related declarations must also be submitted.