Compliance requirements
The tenderer must declare that none of the applicable exclusion grounds exists. These include final convictions of the tenderer or its representatives for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking. The tenderer must also have no unpaid taxes or social security contributions; the notice states that a tax debt below EUR 100 or an officially deferred tax debt is treated in accordance with the applicable tax rules. Other grounds include an arrangement with creditors, bankruptcy, insolvency or liquidation proceedings, suspended business activities, serious professional misconduct, competition-distorting agreements, an unresolved conflict of interest, improper involvement in the preparation of the procurement, serious or repeated failures in previous public contracts, and false or misleading information or failure to provide required documents. Breaches of environmental, social or labour-law obligations, certain national offences and international sanctions may also lead to exclusion. Where legally permitted, the tenderer may provide evidence of remedial measures demonstrating its reliability.
Qualification criteria and exclusion grounds
The tenderer must be registered in the relevant business register of its country of establishment and must provide the registration details or supporting evidence when required. Its average annual net turnover in the field of storage arrays and other storage media must have been at least EUR 200,000 during the last three completed financial years before the procurement was launched. The tenderer must be an official partner of the manufacturer of the offered storage-array expansion and must have the right to sell it in Estonia; a manufacturer’s confirmation proving both facts must be submitted. The tender must comply with all procurement documents and must not be conditional. The offer price must be entered using the structure specified in the price and evaluation section. Any proposed equivalent solution must be explained and supported by evidence of equivalence. The tenderer must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned territories. Subcontractors or suppliers covered by the stated Russian-sanctions restriction may not account for more than 10% of the contract value. In a joint tender, the tenderers must appoint an authorised representative and submit the relevant power of attorney.