Compliance requirements
The bidder and persons authorised to represent, control or make decisions for it must not be subject to the statutory exclusion grounds, including convictions for participation in a criminal organisation, breach of professional integrity, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, unlawful employment of foreign nationals or related wage violations, child labour or human trafficking. The bidder must also have no relevant tax, duty, environmental-charge or social-security contribution arrears, and entering into the contract must not breach an international or Estonian government sanction.
Where a foreign company is involved in the bid, including as a joint bidder, relied-upon entity or subcontractor, the contracting authority may require documents confirming the absence of exclusion grounds for that company and its relevant representatives. Additional evidence may be requested if the information cannot be verified through public registers.
The bidder must not use, for more than 10% of the contract value, subcontractors or suppliers that are Russian nationals, residents or entities established in Russia, are more than 50% owned by such persons or entities, or act on their behalf or under their direction. The offered goods must not be subject to international sanctions or originate in a sanctioned region; a contract that would be void under the applicable sanctions rules will be rejected.
Qualification criteria and exclusion grounds
The bidder must submit a service description based on the procurement documents and draft contract, including the price of the gas supplied. The offered gas price must not exceed EUR 300/MWh.
The bidder must have a valid balancing agreement with the system operator for the common Estonia–Latvia balancing zone, or an open supply agreement with a market participant that has such a balancing agreement. A bidder whose balancing agreement is with Elering AS need only confirm this; a bidder with an agreement with another system operator must provide evidence. The bidder must also have a valid network service agreement with the system operator for the common balancing zone. If that agreement is with Elering AS, confirmation is sufficient; otherwise, evidence must be provided.
The bidder must accept the procurement-document conditions and confirm that it holds the intellectual property and personal-data-processing rights needed to submit the bid, participate in the procurement and perform the contract. If the bid is signed by someone other than the bidder’s legal representative, provide evidence of that person’s authority. A foreign bidder must provide an appropriate company-register extract or other evidence of representation authority, including evidence of any right to sub-delegate authority where applicable. Joint bidders must appoint a representative and submit their power of attorney and confirmation; they are jointly and severally liable for contract performance.
The bidder must identify authorised persons who can represent, control or make decisions for the bidder but are not visible to the contracting authority in the relevant register, giving their names and personal identification codes, or confirm that there are no such persons. The corresponding authorised persons of relied-upon entities and subcontractors must also be identified. The bidder must identify any information claimed as a trade secret and explain the basis; the bid price and other specified evaluation-related figures may not be designated as trade secrets. The supplied text does not specify an award criterion.