Compliance requirements
The bidder must declare whether it or its relevant representatives have been convicted within the applicable period for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour and human trafficking offences. Exclusion may also apply for unpaid taxes or social security contributions; bankruptcy, insolvency, liquidation, suspended business activity or comparable situations; serious professional misconduct; agreements intended to distort competition; conflicts of interest or involvement in preparing the procurement where the resulting distortion cannot otherwise be avoided; serious or repeated breach of an earlier public contract; false or misleading information, failure to provide required information or documents, or attempts to obtain confidential information or improperly influence the procedure. Environmental, social and labour-law breaches, enabling unlawful employment of a foreign national, and relevant tax offences may also be grounds for exclusion. The bidder must also confirm that awarding the contract would not breach international or Estonian sanctions. The notice explains that tax-debt evidence may not be issued for debts below EUR 100 or where payment has been rescheduled. Where applicable, the bidder may provide evidence of remedial measures to demonstrate its reliability; this possibility applies where the procurement exceeds the international threshold or the procurement documents provide for it.
Qualification criteria and exclusion grounds
The bidder must have net turnover from electricity sales of at least EUR 600,000 in each of the last three completed financial years, 2023–2025. The successful bidder must provide extracts from its annual accounts or, if these do not show electricity-sales turnover, other supporting information. This evidence is not required from an Estonian-registered bidder where the information is available in public databases. A bidder relying on another entity’s financial capacity must accept joint responsibility with that entity for performance of the contract and provide a corresponding confirmation.
The bidder must hold a registration or authorisation to sell electricity: an activity notice in Estonia’s Register of Economic Activities, or the equivalent registration or licence under the law of its country of establishment. A bidder established outside Estonia must provide evidence from the competent authority in its country.
The bidder must be listed in the open suppliers register maintained by Elering AS or hold a valid agreement with a balance responsible party for open supply and balance management. If relying on such an agreement, the bidder must provide a copy; a bidder not registered in Estonia must provide a copy of its valid balance agreement.
The bid must comply with the procurement documents, use the prescribed pricing structure and remain valid for at least 30 days. Conditional bids are not permitted. Joint bidders must appoint an authorised representative and include their power of attorney. The bidder must identify any trade secrets and explain why they qualify as such; bid prices and other specified evaluation figures may not be classified as trade secrets.
The bidder must confirm that it will not use subcontractors or suppliers accounting for more than 10% of the contract value if they are Russian citizens, 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 bidder must also confirm that the offered electricity is not subject to international sanctions and does not originate from sanctioned regions.