Compliance requirements
The bidder may be excluded if the bidder, a member of its administrative, management or supervisory body, a representative or a decision-maker has a final conviction within the previous five years for participation in a criminal organisation, corruption, fraud, a terrorist act or a terrorism-related offence, money laundering, terrorist financing, illegal child labour or human trafficking, or if an exclusion period imposed by a court judgment is still in force.
Failure to pay taxes or social security contributions is also an exclusion ground. The notice specifies a threshold of EUR 0; however, in Estonia, a tax debt certificate is not issued for a tax debt below EUR 100 or where payment of the debt has been rescheduled. Other grounds include an arrangement with creditors, insolvency, bankruptcy, liquidation, assets being administered by a liquidator or court, and suspended business activity.
Further grounds include serious professional misconduct, agreements intended to distort competition, an unavoidable conflict of interest, involvement in preparing the procurement, a material breach of a previous contract, and submitting false information or failing to provide required information or documents. Grounds may also include breaches of environmental, social or labour law obligations, facilitating the employment of a foreign national who is residing in the country unlawfully, being subject to international sanctions, or a conviction for tax offences. Where applicable, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must prepare its tender in accordance with the procurement documents and use the technical specification and tender form. The tender must include the manufacturer’s technical documentation so the buyer can verify the offered product’s characteristics and compliance with the requirements. All offered products must bear the CE marking and comply with the Medical Device Regulation (EU) 2017/745; manufacturer-issued documents confirming this must be provided. If an equivalent solution is offered, the bidder must explain its equivalence and provide supporting evidence. The tender price must follow the structure specified in the evaluation criteria and priced items sheet.
The bidder must provide the name and job title of the person who will sign the contract, along with the basis of that person’s authority to represent the bidder; a power of attorney must be included where applicable. The bidder must also provide the name, telephone number and email address of the contract performance contact person. Any information claimed as a trade secret must be identified and the claim explained. The tender price and figures used for evaluation may not be designated as trade secrets.
The bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. For contracts above the international threshold, subcontractors and suppliers connected to Russia may not account for more than 10% of the contract value. This restriction covers Russian citizens, residents and entities established in Russia, entities more than 50% directly or indirectly owned by them, and entities acting on their behalf or under their direction.
The ESPD sets out no separate, specific qualification or financial capacity requirements.