Compliance requirements
The contracting authority must exclude a tenderer if the tenderer or a member of its administrative, management or supervisory body, procurator or other authorised representative has been convicted of participation in a criminal organisation, breach of integrity, corruption, fraud, terrorism-related offences or incitement, aiding or attempting such offences, money-laundering offences or terrorist financing; employing an illegally staying foreign national or violating the conditions for employing a foreign national, including by paying less than the legally required wage; illegal use of child labour or human trafficking; tax, levy, environmental charge or social security payment arrears; or where concluding the contract would violate an international or Estonian Government sanction.
The contracting authority may also exclude a tenderer that has breached environmental, social or labour-law obligations; is bankrupt, being liquidated, subject to insolvency or liquidation proceedings, has suspended business activities or is in a comparable situation; has seriously breached professional conduct rules; has local tax arrears; has engaged in an anti-competitive agreement, association decision or coordinated practice; has an unavoidable conflict of interest; obtained an unavoidable competitive advantage through involvement in preparing the procurement; has seriously or repeatedly breached an earlier public contract; has submitted false information; has attempted to influence the contracting authority, provided misleading information or obtained confidential information; has been convicted of tax offences; or lacks the legal right to submit a tender.
The tenderer must provide the prescribed declaration confirming that no exclusion grounds apply. If it relies on another entity’s resources to demonstrate technical or professional ability, the same declaration concerning the absence of exclusion grounds must also be submitted for that entity.
Qualification criteria and exclusion grounds
The supplier must not have materially breached administrative contracts concluded with it and must not be subject to circumstances that could lead to permanent insolvency or termination of its activities. These requirements apply to all suppliers submitting a joint tender and, for both lots, do not apply to public-law entities.
Between 1 January 2023 and the date on which the contract notice was published in the public procurement register, the supplier must either have provided education related to the development of digital competence as part of formal education or delivered at least 64 contact hours in total of group training aimed at developing digital competence. Instruction in computer use provided as part of work practice or work club services commissioned by the Estonian Unemployment Insurance Fund is not counted. The training must have developed the ability to use evolving digital technology. The supplier must submit the prescribed qualification information and indicate whether it relies on another entity’s resources to meet the qualification requirement.
For each lot, the supplier must identify the lecturers who will conduct the training and submit their details using the required form. The detailed lecturer requirements are set out in point 8 of Annex 1 to the procurement documents and must be checked there. The supplier must submit the curriculum using the form in Annex 3 and provide the full address of the training venue. The venue must be in the location specified in point 2 of Annex 1 and within a 10-minute walk of an official public transport stop.
Joint tenderers must appoint an authorised representative and submit the relevant power of attorney. The tenderer must confirm that the tender complies with the procurement documents and, where applicable, explain and substantiate equivalence. The tender must identify and justify any information classified as a trade secret, but the tender price, lot prices and other prohibited numerical information related to evaluation may not be classified as trade secrets.