Compliance requirements
The bidder must declare whether it or its relevant representatives have grounds for exclusion, including final convictions within the past five years or a continuing exclusion period for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and child labour or human trafficking. Other grounds include unpaid taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, creditor arrangements or suspended business; serious professional misconduct; agreements intended to distort competition; unmanageable conflicts of interest; involvement in preparing the procurement; significant or repeated failures under previous contracts resulting in early termination, damages or comparable sanctions; false or misleading information, failure to provide required information or documents, or attempts to obtain confidential information or influence the procedure improperly. National grounds also cover enabling illegal employment of a foreign national, relevant international or government sanctions, tax offences and restrictions on the right to participate based on the bidder’s place of establishment. Where applicable, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must be registered in the business register of an EU or EEA Member State, or a country that is a party to the WTO Agreement on Government Procurement, where registration is required by the law of its country of establishment. On request, it must provide a valid registration certificate; bidders established in Estonia do not have to submit a copy if the information is publicly available to the contracting entity. For both lots, the bidder’s net turnover from electricity sales must have been at least EUR 1,000,000, excluding VAT, in each of the financial years 2023, 2024 and 2025. The bidder must also have completed at least two electricity sales contracts during the 36 months before the procurement began; each contract must have lasted at least one year and covered sales of at least 20 GWh. The bidder must provide contract details, including value, dates and the other contracting party, and, on request, evidence of the contracts’ content and performance. For the delivery period, the bidder must hold balance responsible party status or have a valid open-supply and balancing agreement with a balance responsible party. If its name is not on Elering’s relevant public list, it must provide the applicable balance agreement or confirmation. A bidder relying on another entity’s capacity must submit that entity’s ESPD and, on request, its consent; where the other entity’s turnover is relied upon, it is jointly responsible with the bidder for proper contract performance. The bid must include the participation declaration, the prescribed price schedules in euros, and a contract draft meeting the tender-document requirements. Joint bidders must submit a power of attorney signed by all members and confirm joint and several liability. The bidder must confirm that awarding the contract would not breach applicable sanctions, identify and justify any claimed trade secrets, and explain equivalence with supporting evidence where relevant. Conditional bids are not allowed.