Compliance requirements
The contracting authority will exclude a bidder subject to any of the grounds listed in section 95(1) of the Estonian Public Procurement Act. These include relevant convictions involving participation in a criminal organisation, breach of integrity obligations or corruption, fraud, terrorist offences or related participation, money laundering or terrorist financing, unlawful employment of foreign nationals or breaches of their employment conditions, illegal child labour, and human trafficking. The bidder and persons entitled to represent, control or make decisions for it must also have no qualifying tax, duty, environmental-charge or social-security contribution debts, and contracting with the bidder must not breach an international or Estonian government sanction.
Where a foreign company participates in the bid, including as a relied-upon entity, joint bidder or subcontractor, the bidder must provide documents confirming the absence of exclusion grounds for that company and the relevant members of its management, supervisory or administrative bodies and other persons authorised to represent, control or make decisions for it. The contracting authority may request further evidence if the information cannot be verified in a public register.
Qualification criteria and exclusion grounds
The bidder must be registered with the Estonian Financial Supervision Authority as an active insurance broker. A foreign company must be registered as an active branch of a foreign insurance broker in the Authority’s register of market participants.
During the 36 months preceding the start of this procurement, the bidder must have brokered at least three insurance contracts in Estonia, another EU or EEA country, or a country that is party to the WTO Agreement on Government Procurement. Each contract must have had an insured value of at least EUR 100,000,000. The contract must have been concluded within that 36-month period, although it may expire later. Brokerage must have been performed on behalf of the policyholder and must have included identifying insurance needs and risks, requesting and negotiating offers from insurers, advising on the insurer selection, and arranging the contract. Renewals count if these activities were carried out. The bidder must provide a reference list stating the insured subject, insured value, contract conclusion date and details of the other parties; for public contracts, include the procurement reference numbers. If relying on another entity’s capacity, provide its signed undertaking confirming the absence of exclusion grounds, its consent to the reliance, how it will participate in contract performance so its experience can be used, and joint responsibility with the bidder for proper performance.
The bidder must be able to serve the client in Estonian within Estonia. The offer must state the addresses of the service office or offices in Estonia and confirm Estonian-language customer service. The bidder must also provide a list of at least one person assigned to perform the framework agreement. A team member’s CV documenting relevant prior experience is required only if the bidder seeks evaluation points under criteria 2, 3 or 4; the specific scoring details are not stated in the provided document.
The bidder must confirm that it accepts the procurement-document requirements, that its services meet the technical requirements, and that it holds the intellectual-property and personal-data-processing rights needed to participate and perform the contract. If the offer is submitted by a representative who is not the bidder’s statutory representative, provide proof of authority. A foreign bidder must provide a company-register extract or equivalent proof of representation authority, including evidence of any right to delegate authority where applicable. Joint bidders must appoint a representative, submit the required joint-bidder authorisation and confirmation, and accept joint and several liability for contract performance.
The bidder must confirm that it will not engage, for more than 10% of the contract value, subcontractors or suppliers covered by the EU restrictions on Russian persons and entities, including entities more than 50% owned by them or persons acting on their behalf or instructions. The bidder must identify and justify any information claimed as a trade secret; the contract price, item prices and numerical indicators used in service-offer evaluation cannot be designated as trade secrets. Where equivalence is relevant, the bidder must explain it and provide supporting evidence. The bidder must also confirm that any goods offered are not subject to international sanctions and do not originate in sanctioned regions.