Compliance requirements
The bidder must confirm that neither it nor its management, supervisory or representative persons is subject to an applicable exclusion ground. The listed grounds include final convictions within the last five years, or a continuing exclusion obligation, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and the use of child labour or other forms of human trafficking.
The bidder must not have unpaid tax or social security obligations in its country of establishment or, where relevant, in the country of the contracting authority. The stated threshold for these obligations is EUR 0. The notice explains that a tax authority may not issue a tax-debt certificate where the total debt is below EUR 100 or payment has been deferred, subject to the applicable national rules.
Additional national exclusion grounds concern enabling an unlawfully staying foreign national to work and being a person or entity covered by an international or Estonian sanction. The bidder must provide the required yes/no confirmations and, where relevant, details of the decision, exclusion period, corrective measures, electronic source, code and issuing authority. Where permitted, the bidder may provide evidence of measures taken to restore its reliability. The bidder must also comply with the separate restriction on Russian-linked subcontractors and suppliers described in the compliance requirements.
Qualification criteria and exclusion grounds
No separate financial capacity, turnover, previous experience or staffing requirements were identified in the provided documents. The bidder must nevertheless meet the following suitability and compliance requirements:
- The tender must include the tender price in the structure specified in the price and evaluable indicators sheet.
- The bidder must confirm that it has the resale rights necessary to perform the contract.
- The tender must remain valid for at least 90 days.
- If the tender is signed by someone other than the bidder’s statutory representative, a power of attorney must be submitted.
- The bidder must identify any information claimed as a trade secret and explain the basis for that claim. The tender price and other prohibited evaluation-related figures may not be classified as trade secrets.
- Conditional tenders are not permitted. By submitting a tender, the bidder confirms acceptance of all conditions in the procurement documents.
- Participation is limited to entities established in Estonia, another EU Member State, an EEA contracting state or a country covered by the WTO Government Procurement Agreement.
- The bidder must confirm that it will not use subcontractors or suppliers for more than 10% of the contract value if they are Russian nationals, residents or entities established in Russia, entities more than 50% directly or indirectly owned by such persons or entities, or persons acting as their representatives or under their instructions.