Compliance requirements
A tenderer may be excluded if it, or a person authorised to represent, manage or control it, has received a relevant conviction within the last five years, including for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking. Exclusion may also apply for breaches of tax or social security payment obligations; bankruptcy, insolvency, liquidation or comparable proceedings; suspended business activity; serious professional misconduct; competition-distorting agreements; an unresolved conflict of interest; involvement in preparing the procurement where an resulting advantage cannot otherwise be addressed; or significant or repeated breaches of previous contracts resulting in termination, damages or penalties.
Other grounds include submitting false or misleading information, withholding required information or documents, improperly seeking confidential information or influencing the contracting authority; breaches of environmental, social or labour-law obligations; enabling a foreign national to work without a legal basis; being subject to applicable international sanctions; conviction for tax offences; and restrictions on participation based on the tenderer's place of residence or establishment. The tenderer must provide the relevant declarations and information. Where permitted, it may submit evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
For each lot included in its tender, the tenderer must submit a completed Annex 2 technical compliance and price form. The form must describe the compliance of the offered goods and state their prices in the prescribed structure. The tenderer must confirm that the goods comply with the descriptions in the form and will be supplied throughout the framework agreement. Conditional tenders are not permitted; by submitting a tender, the tenderer confirms acceptance of the tender-document conditions.
For a joint tender, a power of attorney for the joint tenderers must be provided. The tenderer must also provide the names and personal identification codes of its authorised senior representatives who can represent, make decisions for or control the company but are not visible in the commercial register. If an equivalent product, standard or other basis referred to in the tender documents is used, the equivalence must be explained and supported by documents or other relevant evidence acceptable to the contracting authority.
When delivering goods, the tenderer must favour low-volume or reusable packaging. At the buyer's request, packaging for delivered goods, including pallets and plastic, cardboard and other transport packaging, must be taken back free of charge and directed to reuse or recycling. During contract performance, the tenderer may use only suppliers and subcontractors resident or established in Estonia, another EU Member State, an EEA contracting party or a country party to the World Trade Organization Agreement on Government Procurement. The tenderer must confirm that the offered goods are not subject to international sanctions and do not originate from a sanctioned region.
The tender must identify any information claimed as a trade secret and explain that designation. The tender price and figures relating to the award criteria may not be designated as trade secrets. The tender documents set no numerical turnover, experience or other qualification thresholds.