Compliance requirements
The bidder must confirm that neither it nor its administrative, management or supervisory body members, procurators, or other persons authorised to represent or control it have been convicted by a final court decision within the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, unlawful use of child labour, or other forms of human trafficking.
Failure to pay taxes or social security contributions may also constitute grounds for exclusion. For taxes and social security contributions, the stated threshold is EUR 0; any fulfilment of the obligations or binding payment arrangement must also be taken into account. The bidder must not be bankrupt, in liquidation, subject to insolvency proceedings or a similar situation; its assets must not be administered by a liquidator or court, and its business activities must not be suspended.
Other possible exclusion grounds include serious breaches of professional conduct, environmental, social or labour law obligations, agreements aimed at distorting competition, an unavoidable conflict of interest, an unfair advantage resulting from participation in preparing the procurement, a serious breach or early termination of a previous public contract, and the submission of false information or failure to provide required information or documents. The bidder must confirm that contract award would not breach international or Estonian sanctions and that it has not been convicted of tax offences or breached requirements concerning the employment of foreign nationals staying unlawfully.
The bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. In addition, it may not involve subcontractors or suppliers for more than 10% of the contract value if they are Russian citizens, residents or entities established in Russia, are more than 50% directly or indirectly owned by such persons or entities, or are controlled by them. In certain circumstances, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must be registered in the commercial register of its country of establishment; a foreign bidder must provide proof of registration upon request. For all nine lots, the bidder must hold a valid wholesale medicines licence in accordance with the requirements in force on the deadline for submitting bids. The bidder must disclose the details of any subcontractors and their percentage of participation.
The bid must include the completed Annex 1, consisting of the technical description and detailed price offer form. The maximum price for each offered lot must match the price entered in the procurement environment, and the tender price must follow the required structure, with VAT added in accordance with applicable law. Conditional bids are not permitted.
The bidder must hold marketing authorisations for the medicines offered or, for medicines without a marketing authorisation, an import authorisation. Copies of marketing authorisations and documents proving the existence of an import authorisation must be submitted upon request; for medicines without a marketing authorisation, the import authorisation must be available no later than the entry into force of the contract. Upon request, the bidder must also provide the manufacturer-issued summary of product characteristics or package leaflet in Estonian or English.
The bidder must identify and justify any information treated as a trade secret, but the tender price and lot prices may not be classified as trade secrets. In the case of a joint bid, a power of attorney for the joint bidders must be submitted. The machine-readable information contains no separate turnover, previous experience or staffing requirements.