Compliance requirements
The bidder must confirm that none of the mandatory exclusion grounds apply. The bidder, its management or supervisory board members, procurator or other authorised representatives must not have been convicted of participation in a criminal organisation, breach of a duty of integrity, corruption, fraud, terrorism-related offences, money laundering or terrorist financing; enabling the employment of an illegally staying foreign national or violating the conditions for employing a foreign national, including paying below the statutory wage rate; unlawful use of child labour; or trafficking in human beings.
The bidder must not have outstanding national taxes, duties or environmental charges, or tax or social-security payment arrears under the law of its country of establishment. Awarding the contract to the bidder must not violate an international sanction or a sanction imposed by the Government of the Republic. The contracting authority may also exclude a bidder that has seriously or persistently breached an essential term of a previous public contract, resulting in termination, withdrawal, a price reduction, compensation or a contractual penalty, or that has provided false information or failed to submit required information or additional documents.
The bidder must submit the declarations concerning the absence of exclusion grounds on HD Annex 5. In a joint tender, every joint bidder must submit the declarations applicable to it. The bidder must separately confirm that awarding the contract on the basis of its tender would not violate international or national sanctions and must provide supporting evidence upon request. The bidder must identify any trade secrets in the tender and justify their classification, or state that the tender contains no trade secrets.
Qualification criteria and exclusion grounds
The bidder must be registered in the commercial register of an EU Member State, an EEA contracting state or a country that is a member, not an observer, of the WTO Government Procurement Agreement, where registration is required under the law of the bidder’s country of establishment. Upon request, the bidder must provide a valid registration certificate; an Estonian bidder does not need to submit a copy if the information is publicly available in the relevant register.
The bidder must hold a valid licence required under Section 13(1)(3) of the Liquid Fuel Act for the sale of fuel. The contracting authority will verify the licence of Estonian bidders through the Register of Economic Activities. A foreign bidder must provide evidence of the right to carry out the activity under the law of its country of establishment and, if successful, must submit evidence before contract award that it has applied for an Estonian fuel-sales licence.
The bidder’s net turnover in the fuel-sales sector must have been at least EUR 500,000 excluding VAT in each of the last three financial years completed before the start of the procurement: 2023, 2024 and 2025. The bidder must provide the turnover data on HD Annex 5 and, upon request, supporting extracts from annual reports or other evidence. If the bidder relies on another entity’s financial or economic capacity, it must provide information about that entity on HD Annex 5 and the entity’s declarations on HD Annex 5.1.
The bidder must have implemented a quality management system complying with EVS-EN ISO 9001 or an equivalent standard. The bidder must provide information about the certificate or equivalent system on HD Annex 5 and, upon request, submit a copy of the certificate or other supporting evidence. The bidder must also submit the participation application on HD Annex 2. A conditional tender is not permitted. The tender price must be submitted in euros according to the required structure, and the diesel fuel margin must apply equally to summer and winter fuel. Equivalent solutions must be explained and supported by evidence where applicable. In a joint tender, all joint bidders must submit the required declarations and provide a power of attorney on HD Annex 4, signed by all joint bidders.