Compliance requirements
The contracting authority must exclude a bidder if the bidder or a person authorised to represent, manage or control it has been convicted of participation in a criminal organisation, breach of duty, corruption, fraud, terrorism-related offences, money laundering or terrorist financing; offences concerning illegal employment of foreign nationals or violations of the conditions for their employment in Estonia; or unlawful child labour or human trafficking. Exclusion is also mandatory for outstanding state tax, payment or environmental charges, or tax or social security contributions owed under the law of the bidder’s country, and where awarding the contract would breach an applicable international or Estonian government sanction.
The authority may exclude a bidder for serious or persistent breach of a material term of a previous public contract that led to termination, withdrawal, a price reduction, damages or a contractual penalty, or for providing false information or failing to provide information or additional documents requested in relation to exclusion grounds or qualification. The bidder must submit the required declarations on Annex 5. In a joint tender, each joint bidder must submit the declarations applicable to it.
Qualification criteria and exclusion grounds
The bidder must be registered in the business register of an EU or EEA member state, or a country that is a party to the WTO Government Procurement Agreement, where registration is required by the law of its country of establishment. It must also be listed by the Estonian Financial Supervision Authority as an insurance broker. A current register certificate must be provided on request; bidders established in Estonia do not need to submit a copy of their register certificate.
The bidder must hold a valid compulsory professional liability insurance contract with a limit of at least EUR 10,000,000 per insured event and submit evidence of the contract.
During the 36 months preceding the start of the procurement, the bidder must have properly performed at least two insurance brokerage service contracts for different clients. Each contract must cover advice on concluding insurance contracts in the insurance classes listed in Annex 1, clauses 1.1.1, 1.1.2, 1.2.1, 1.2.2 and 1.2.7. Contracts still in progress may count if they meet the requirements. Contract details must be provided on the Annex 5 form; client confirmation of proper performance without material breaches must be provided if requested.
The bidder must also have properly performed at least one insurance brokerage service contract during the preceding 36 months for a transport infrastructure company whose annual net turnover was at least EUR 30 million in each of 2023, 2024 and 2025. The contract must cover advice on or brokering of insurance contracts in the classes listed in Annex 1, clauses 1.1.1, 1.1.2, 1.2.1 and 1.2.2. The contract may still be in progress if it meets the requirements. Contract details must be provided on Annex 5, with client confirmation supplied on request.
The bidder’s team, considered as a whole, must have advised on or brokered the conclusion of insurance contracts in all nine insurance classes listed in Annex 1, clauses 1.1 and 1.2, during the preceding 36 months. The experience may come from different clients. For each class, at least one reference contract is required; one contract covering all nine classes is sufficient. Experience must be described by insurance class on the Annex 8 form, identifying the contracts, clients and participating team members. The bidder must consent to the contracting authority contacting the clients for confirmation. Additional qualifying references may earn evaluation points.
At least two contracts meeting the general experience requirement and at least one contract meeting the transport infrastructure company requirement are minimum qualification thresholds; additional qualifying contracts may earn evaluation points. If the bidder relies on another entity’s resources to meet financial, technical or professional capacity requirements, it must identify that entity on Annex 5 and submit that entity’s declarations on Annex 5.1.
The bidder must submit the participation declaration on Annex 2 and price its tender in euros using the structure specified in the procurement platform. Conditional tenders are not permitted. The tender must comply with the procurement documents; any equivalence must be explained and supported by evidence. The bidder must identify any claimed trade secrets and explain the basis for that designation, or state that the tender contains no trade secrets. Joint bidders must appoint an authorised representative and confirm joint and several liability using Annex 4, signed by all members. The bidder must also confirm that awarding the contract would not breach applicable international or Estonian government sanctions and provide supporting evidence if requested.