Mandatory liability insurance for a healthcare provider

The bidder and its representatives must not be subject to grounds for exclusion, including a final conviction within the past five years, or a continuing exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences or related criminal activity, money laundering or terrorist financing, unlawful use of child labour or human trafficking. Failure to pay taxes or social security contributions may also result in exclusion. The threshold for breaches of these obligations is EUR 0; however, the Estonian tax authority does not issue a tax debt certificate if the debt is below EUR 100 or payment has been rescheduled. Other grounds include breaches of environmental, social or labour law; bankruptcy or other insolvency; liquidation; an arrangement with creditors; assets administered by a liquidator or court; suspended business activities; and serious professional misconduct. Exclusion may also result from agreements intended to distort competition, an unavoidable conflict of interest, involvement in preparing the procurement, significant or repeated breach of a previous public contract, submitting false information or failing to provide required information or documents, improperly influencing the decision-making process, or seeking confidential information to gain an unfair advantage. National grounds include being convicted of enabling a foreign national who is unlawfully present to work, a contract award that would breach an international or Estonian sanction, and the bidder or its representative being convicted of a tax offence. Where an exclusion ground applies, the bidder may submit evidence of measures taken to restore its reliability if permitted by law or the procurement documents.

The bidder must be authorised to carry on insurance activities in Estonia to an extent that permits it to conclude mandatory liability insurance contracts for healthcare providers. The contracting authority will verify this using public registers, including the Estonian Financial Supervision Authority’s website. If the relevant information is not freely available, the bidder must provide an activity licence, registration or other appropriate evidence when requested. By submitting a bid, the bidder confirms that it accepts all the conditions in the procurement documents. Conditional bids are not permitted. In a joint bid, the bidders must provide a power of attorney appointing a representative to handle matters relating to the procurement and the conclusion and performance of the contract. The bid price must follow the structure specified on the award criteria and evaluated indicators sheet. It is the insurance premium providing coverage for the entire insurance period and is exempt from VAT. The bidder must provide contact details for a contact point in Estonia through which the policyholder and any entitled person can contact the insurer in Estonian. The bid must include the applicable liability insurance terms and a sample insurance policy. The bidder must identify any information in its bid that constitutes a trade secret and explain why it qualifies as such. The bid price and its components, and, for service contracts, other numerical bid indicators assessed against the award criteria, may not be designated as trade secrets.