Compliance requirements
In the ESPD, the bidder must declare whether exclusion grounds apply to it or to members of its management, administrative or supervisory bodies, or its representatives. These include final convictions within the past five years for participation in a criminal organisation, corruption, fraud, terrorist offences or offences related to terrorist activities, money laundering or terrorist financing, and child labour or human trafficking. Other grounds include breaches of tax or social security payment obligations; violations of environmental, social or labour law; bankruptcy and other insolvency situations; serious professional misconduct; anti-competitive agreements; unresolved conflicts of interest or an unfair advantage resulting from involvement in preparing the procurement; and a material or repeated breach of a previous contract resulting in termination, damages, a price reduction or a contractual penalty.
Grounds may also include providing false information or failing to provide required information or documents, improperly influencing the decision-making process, or seeking confidential information. National grounds include a conviction for enabling a foreign national without a lawful basis to work in the country, tax-related offences, local tax arrears due in the buyer’s area, and any restriction on the bidder’s place of establishment or residence specified in the tender documents. The bidder must also confirm that awarding the contract to it would not breach international or Estonian sanctions.
The stated threshold for tax or social security arrears is EUR 0. For Estonian tax debts, however, the tax authority does not issue a debt certificate where the debt is below EUR 100 or payment has been deferred. If an exclusion ground applies, the bidder must describe the circumstances and, where relevant, any measures taken to demonstrate restored reliability. A subcontractor that would have to be replaced under the applicable rules may not be used. Where international restrictive measures apply, subcontractors or suppliers connected to the specified Russian persons or entities may not account for more than 10% of the contract value; the goods offered must not be subject to sanctions or originate from sanctioned regions.
Qualification criteria and exclusion grounds
Bidders must meet the selection requirements stated in the ESPD and provide the required information and evidence. The requirements are lot-specific:
- **Lot 1 – B0 diesel:** for each of the last three financial years closed by the start of the procurement (indicatively 2023, 2024 and 2025), net turnover from motor-fuel sales must be at least EUR 25,000,000 excluding VAT, or at least EUR 75,000,000 in total. The bidder must also hold valid liability insurance of at least EUR 1,000,000 per insured event. During the 36 months before publication of the contract notice, the bidder must have properly performed at least two diesel sales and supply contracts with a combined value of at least EUR 5,000,000 excluding VAT during that period.
- **Lot 2 – HVO100:** liability insurance of at least EUR 500,000 per insured event is required. During the preceding 36 months, the bidder must have properly performed at least one sales and supply contract for HVO, paraffinic diesel or another motor fuel produced from renewable feedstock, with a total value of at least EUR 50,000 excluding VAT during that period.
- **Lot 3 – AdBlue:** liability insurance of at least EUR 250,000 per insured event is required. During the preceding 36 months, the bidder must have properly performed at least one sales and supply contract for AdBlue or an equivalent AUS 32 solution, with a total value of at least EUR 20,000 excluding VAT during that period.
For previous contracts, bidders must provide the product supplied, total value, their responsibilities in performing the contract, the performance period, and the customer’s name and contact details; for a public procurement contract, the procurement reference number must also be provided. The buyer may request a customer-signed confirmation. A valid liability insurance certificate or other relevant evidence must be provided.
Bidders must submit a description of supply security and crisis preparedness. They must hold an activity licence for fuel sales under section 13 of the Liquid Fuel Act and maintain it throughout the contract; the buyer will verify the licence in the relevant register. Periodic audits of the tanks’ pressure equipment must be arranged in accordance with applicable legislation. The bidder must have a qualified pressure-equipment supervisor and provide that person’s name and certificate number.
For Lot 1, bidders must confirm that no FAME component has been intentionally added to the diesel and that each delivery batch will be accompanied by a quality certificate or equivalent evidence of quality. For Lot 2, bidders must state the fuel brand or product name and confirm that the fuel consists of 100% HVO, contains no intentionally added FAME or fossil diesel, and that each batch will be accompanied by a quality certificate and proof of sustainability (PoS or equivalent) traceable to the specific batch and delivered quantity. For Lots 1 and 2, where required, bidders must provide a one-time tank-cleaning price inclusive of all work and waste-management costs; the price is fixed for 12 months. Lot 1 pricing covers the underground tank at Kadaka tee 62a and the above-ground tank at Peterburi tee 73. Lot 2 pricing covers the underground tank at Kadaka tee 62a.
For a joint bid, the bidders must appoint an authorised representative, submit the prescribed power of attorney and ESPD for each joint bidder, and describe the size and nature of each member’s share of the contract. Where a bidder relies on another entity’s capacity, it must provide that entity’s signed consent and ESPD and, where applicable, a power of attorney; the entity must meet the requirements for which its capacity is relied upon and must not be subject to exclusion grounds. The bid must be submitted by a legal or authorised representative; an electronically signed power of attorney must be attached where applicable. Any information designated as a trade secret must be justified; the bid price and figures used for evaluation may not be designated as trade secrets. Submission of a bid constitutes acceptance of the tender-document conditions. Bids may be submitted for up to three lots.