Compliance requirements
The tenderer and its representatives must confirm that no exclusion grounds apply to them, including final convictions for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, or offences involving child labour or human trafficking. The contracting authority will also examine the payment of taxes and social security contributions, bankruptcy or insolvency and liquidation proceedings, administration of assets by a liquidator or court, suspension of business activities, and serious breaches of professional, environmental, social or labour law obligations. Exclusion may also result from anti-competitive agreements, an unresolved conflict of interest, involvement in preparing the procurement, serious or repeated breach or early termination of a previous contract, or the submission of false information or failure to provide required documents. The tenderer must additionally confirm that contract performance would not breach international sanctions, that the goods are not subject to sanctions and do not originate from sanctioned regions, and that sanctioned Russian persons or entities will not be used as subcontractors or suppliers for more than 10% of the contract value. Under Estonian law, grounds related to enabling an unlawfully staying foreign national to work and convictions for tax offences are also checked. Where an applicable exclusion ground exists, the tenderer may provide evidence of remedial measures restoring its reliability if permitted by the applicable law or tender documents.
Qualification criteria and exclusion grounds
The machine-readable notice does not specify separate turnover, previous experience, team or other qualification requirements; these must be checked in the tender documents and the electronically completed ESPD. The tenderer must nevertheless submit the required ESPD and compliance documents: Annex 1 technical specification completed in all required fields, Annex 2 price form, technical data issued by the manufacturer, a list of the instruments included in the set with their replacement intervals and maintenance conditions, and documents proving CE marking and compliance with the relevant directive. If compliance with any requirement is not clear from the manufacturer’s technical data, supporting explanatory evidence must be added. In the case of a joint tender, a power of attorney for the joint tenderers must be submitted. The tenderer must identify any trade secrets and provide reasons for that classification; however, the tender price and numerical figures used for evaluation may not be classified as trade secrets.