Compliance requirements
The bidder must confirm in the ESPD that neither the bidder, its management or supervisory body members, nor persons authorised to represent or control it have been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, terrorism, money laundering, terrorist financing, or offences involving the illegal use of child labour or human trafficking. If a relevant conviction exists, the required details and any measures taken to restore reliability must be provided.
The bidder must not have outstanding tax or social security payment obligations. The ESPD specifies a threshold of EUR 0 for tax debt; foreign bidders must comply with the law of their country of establishment. Where applicable, the bidder must prove that the obligations have been fulfilled or that a binding payment arrangement has been concluded.
The exclusion grounds also cover bankruptcy, insolvency or liquidation proceedings, an agreement with creditors, suspended business activities, serious professional misconduct, agreements distorting competition, conflicts of interest, involvement in preparing the procurement, and significant or repeated breaches of previous public contracts. Grounds may also arise from submitting false information, failing to provide required information or documents, or unlawfully influencing the contracting authority's decision-making process.
The bidder must confirm that the proposed goods are not subject to an international sanction and do not originate from a sanctioned region. The bidder must also confirm that it will not involve subcontractors or suppliers accounting for more than 10% of the contract value where they are Russian citizens, residents or entities established in Russia, or are owned or controlled by such persons or entities. The precise application and any exceptions must be checked in the tender documents.
Qualification criteria and exclusion grounds
The bidder must have a product representative trained by the manufacturer or its authorised representative for the proposed analysers and diagnostic products. The representative's name must be provided in the ESPD, and a copy of the training certificate must be submitted upon request.
The bidder must have at least one service engineer or technician trained by the manufacturer or its authorised representative to maintain and repair the analyser required for performing the analyses. The person's name must be provided in the ESPD, and training certificates must be submitted upon request.
The proposed analyser and diagnostic products must comply with Regulation (EU) 2017/746 or its transitional provisions. The tender must include declarations of conformity and, where applicable, conformity certificates issued by a notified body. Where the transitional provisions apply, the bidder must also provide a declaration of conformity with Directive 98/79/EC and the manufacturer's confirmation that compliance with Regulation (EU) 2017/746 will be ensured.
The bidder must have the right to sell the proposed analyser and diagnostic products and the right to provide maintenance and repair services for the analyser in Estonia. A document issued by the manufacturer or authorised representative must be submitted; where authority has been delegated, the additional documents proving the delegated authorisation must also be provided.
The bidder must submit the application to participate using Form II. In the case of a joint tender, a power of attorney for the joint bidders in the format of Form I must be included. The tender must comply with Annex 1 and be submitted in Word format. All technical data must be verifiable from manufacturer-issued technical data and instructions for use in English or Estonian. An analyser maintenance plan, including maintenance intervals and procedures, must also be submitted.
The price must be submitted using the Excel form in Annex 2 and the procurement register's price form as the total three-year price excluding VAT. The price must cover all diagnostic products specified in the tender documents, materials required for analytical verification, analyser use, installation, configuration, training, post-warranty maintenance for two years, software updates and repair costs, excluding spare parts.