Mandatory liability insurance for healthcare service providers

The bidder must declare whether it or its representatives have relevant final convictions, including for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or human trafficking, and tax offences. The grounds also cover unpaid taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, arrangements with creditors, comparable situations, assets managed by a liquidator or suspended business activities; serious professional misconduct; agreements intended to distort competition; conflicts of interest that cannot otherwise be resolved; involvement in preparing this procurement where an resulting competitive advantage cannot otherwise be prevented; and early termination of prior contracts or comparable sanctions for serious or repeated breaches. Grounds also include false or misleading information, failure to provide required information or supporting documents, and attempts to obtain confidential information or improperly influence the contracting authority. National grounds include enabling a foreign national to work unlawfully, being subject to international sanctions, and convictions for tax offences. Where a ground applies, the bidder may provide evidence of measures taken to restore its reliability where permitted.

The bidder must be an insurer authorised under the laws of an EU Member State, another EEA state or a state party to the WTO Government Procurement Agreement to provide the relevant non-life liability insurance. By the submission deadline, an insurer operating in Estonia must hold a valid authorisation from the Estonian Financial Supervision Authority to provide civil liability insurance. A foreign insurer must meet the requirements of Estonia’s Insurance Activities Act, including being entitled to provide the relevant liability insurance and appointing a contact point in Estonia where the healthcare provider and eligible persons can communicate in Estonian. If the required authorisation or registration information is not available on the Financial Supervision Authority’s website, the bidder must explain where the contracting authority can obtain it without additional cost or attach a copy of the relevant document. The bidder must provide the insurer’s contact point details in Estonia and ensure full service and claims handling in Estonian through resolution of each case. The offer must include a pre-completed insurance policy consistent with the procurement documents and not subject to conditions. The insurance premium must be submitted in the specified pricing structure and cover the entire insurance period; it is exempt from VAT. The bidder must confirm compliance with the procurement documents and explain and provide evidence of equivalence where relevant. Conditional offers are not permitted. Joint bidders must appoint an authorised representative and include their power of attorney. The bidder must also confirm that it will not use prohibited Russian-linked subcontractors or suppliers for more than 10% of the contract value.