Compliance requirements
The bidder and its representatives may be excluded for final convictions within the previous five years, or an exclusion period that is still in force, concerning participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking. The listed grounds also cover tax or social-security contribution arrears; bankruptcy, insolvency, liquidation, creditor arrangements, a comparable situation under national law or suspended business activity; serious professional misconduct; agreements with other businesses to distort competition; an unresolvable conflict of interest; involvement in preparing the procurement where an unfair advantage cannot otherwise be prevented; and serious or repeated failures under earlier contracts leading to early termination, damages, price reduction or comparable sanctions. Grounds further include breaches of environmental, social or labour obligations, false or misleading information, withholding required information or documents, and attempts to obtain confidential information or improperly influence the contracting authority. National grounds include enabling a foreign national to work without legal grounds, being subject to international sanctions, and convictions for tax offences. Tax and social-security arrears are grounds for exclusion; the notice explains that an Estonian tax-debt certificate is not issued for debts below €100, excluding interest not established by an administrative act, or where payment has been deferred. Where permitted for the procurement, a bidder may submit evidence of remedial measures to demonstrate restored reliability.
Qualification criteria and exclusion grounds
For all four lots, the bidder must confirm on Form 5 that it has suitable vehicles to deliver the orders reliably and in accordance with food-transport requirements. Before contract signing, the successful bidder must provide the vehicles’ make, model, registration number, year of manufacture and ownership or use-agreement details. If the vehicles are not owned by the bidder, it must provide an agreement or authorisation allowing their use. The bidder must perform at least 80% of the contract itself. Where subcontractors are used, the bidder must state their share of the contract value on Form 3 and provide their consent on Form 4; a separate ESPD is required for a subcontractor whose capacity the bidder relies on.
The following minimum annual net turnover requirements apply for each of the last three completed financial years, excluding VAT: Lot 1, €150,000; Lots 2 and 4, €130,000; Lot 3, €110,000. Turnover data must be stated in the ESPD; the contracting authority will check it in national databases.
For each lot, the bidder must have properly performed three food-sale contracts during the 36 months preceding the start of the procurement, with a combined value excluding VAT of at least €150,000 for Lot 1, €130,000 for Lots 2 and 4, or €110,000 for Lot 3. The ESPD must give the contract descriptions, values, dates and details of the other contracting parties, including contact details; for public contracts, include the procurement reference number. Customer confirmation letters may also be submitted.
The offer must be complete and unconditional, accept the tender-document requirements and include the forms required for the relevant lot. Where the signatory’s authority is not established by law or verifiable in public registers, submit the power of attorney on Form 1. Joint bidders must appoint an authorised representative, submit the power of attorney on Form 2 and accept joint and several liability for contract performance. Submit the price using the form for the relevant lot; state amounts in euros both excluding and including VAT to two decimal places. Complete every row of the price table without changes or added conditions, and include all costs necessary for performance. Where an equivalent product is offered, explain the equivalence and provide supporting evidence. Price evaluation details are not stated in the supplied document text and should be checked in the tender documents.