Compliance requirements
The bidder must declare whether it or its representatives have relevant final convictions, including for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and child labour or human trafficking. Grounds also include unpaid taxes or social security contributions; bankruptcy, insolvency, liquidation or comparable circumstances; suspended business activities; serious professional misconduct; competition-distorting agreements; an unmanageable conflict of interest; involvement in preparing this procurement where an advantage cannot otherwise be prevented; and significant or repeated breaches of earlier contracts resulting in early termination, damages or comparable sanctions.
A bidder may also be excluded for false or misleading information, withholding information, failing to provide requested supporting documents, or improperly seeking confidential information or influencing the contracting authority’s decisions. National grounds include enabling a foreign national to work without a legal basis or in breach of applicable employment conditions, being subject to an international or Estonian government sanction, and relevant tax offences. Where legally permitted, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must have the right, granted by Microsoft, to offer and resell the EA/EAS licences covered by the procurement in Estonia. Evidence may be a Microsoft Partner Center extract, a document confirming Microsoft partner status, or another document issued by Microsoft that demonstrates this right.
The bidder must include at least one Microsoft licensing specialist who is proficient in Estonian or English. The specialist’s details must be provided in the ESPD. At the contracting authority’s request, the bidder must provide evidence of the specialist’s Microsoft licensing training, certificate, or other relevant competence.
The bid must include the completed technical specification in Annex 1 in Excel format, the participation application using Annex 3, Form II, and a free-form confirmation that the proposed software usage rights and ordering terms comply with Microsoft’s current product and licensing terms and any specific conditions applicable to the contracting authority. The bidder must also confirm compliance with the tender documents and provide evidence of equivalence where necessary.
The price must be submitted in the prescribed price form in euros, exclusive of VAT. It must include all costs related to software use, including usage rights, upgrades, security patches, licensing advice, and intellectual property fees; no additional charges may be added. Joint bidders must appoint an authorised representative and submit the power of attorney with their joint bid.