Compliance requirements
The tenderer must confirm that neither the company nor its management, supervisory body members, authorised representatives or persons controlling the company have been finally convicted within the last five years, or remain subject to an exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or the illegal use of child labour or other forms of human trafficking. The tenderer must also confirm that it has no unpaid taxes or social security contributions, unless the obligations have been paid or a binding repayment arrangement has been concluded. The applicable threshold is EUR 0; under Estonian rules, tax debt below EUR 100 or tax debt subject to an approved payment schedule may be treated differently.
The tenderer must not be bankrupt, insolvent, in liquidation, subject to insolvency proceedings, have its business suspended, be under the control of a liquidator or court, or have concluded an arrangement with creditors. It must not have seriously breached professional conduct rules, entered into agreements intended to distort competition, have an unavoidable conflict of interest, participated improperly in preparing the procurement, or have had an earlier public contract terminated early or resulted in damages, penalties or comparable sanctions because of a material or repeated breach. The tenderer must not have submitted false or misleading information, withheld required information, failed to provide requested documents, or sought confidential information or to improperly influence the contracting authority.
The tenderer must also confirm compliance with environmental, social and labour-law obligations, the absence of relevant convictions for employing unlawfully residing foreign nationals or underpaying foreign workers, compliance with international and Estonian sanctions, and that the offered goods are not sanctioned goods or from sanctioned regions. The tenderer must not use subcontractors or suppliers covered by the specified Russian ownership, citizenship, residence or control restrictions for more than 10% of the contract value. If an exclusion ground applies, the tenderer may provide information on measures taken to restore its reliability where legally permitted.
Qualification criteria and exclusion grounds
The tenderer must be registered in the relevant business register of its country of establishment where registration is required by that country's law. A tenderer established outside Estonia must provide, at the contracting authority's request, an appropriate certificate proving valid registration in its country of establishment. This requirement applies to both Lot 1 (presses) and Lot 2 (battery-powered forklift).
The supplied tender documents do not specify additional financial-capacity, turnover, previous-experience or staffing requirements. The tenderer must nevertheless submit a compliant tender, complete the required equipment list for the relevant lot with the technical characteristics of the offered equipment, and provide the required price table. Joint tenderers must appoint an authorised representative and submit the relevant power of attorney. The tenderer must confirm that its place of establishment is in Estonia, another EU Member State, an EEA contracting state or a WTO Government Procurement Agreement country.