Compliance requirements
A bidder will be excluded if any of the exclusion grounds in section 95(1) of the Estonian Public Procurement Act apply. The bidder must confirm that neither it nor its representatives, decision-makers or controllers have been convicted of enabling unlawful employment, including paying less than the statutory wage, unlawful use of child labour, or an offence related to human trafficking. The bidder must also confirm that it has no tax debt and that awarding the contract would not violate an international sanction or a sanction imposed by the Government of Estonia. If the bid involves a foreign entity, evidence that no exclusion grounds apply must be provided for that entity and the relevant representatives. The contracting authority may request additional evidence if it cannot verify the information through a public register.
Qualification criteria and exclusion grounds
The bidder must hold a trading account in the guarantees-of-origin registry administered by the Estonian system operator; the contracting authority will verify the account in the registry. The bidder must confirm that it accepts the conditions in the tender documents, has reviewed them, and holds the intellectual property and personal data processing rights needed to submit the bid and perform the contract. Any goods offered must be new, unused and defect-free, and must meet the technical requirements.
If the person submitting the bid is not the bidder’s statutory representative, a power of attorney must be provided. A foreign bidder must provide an extract from the commercial register in its country of establishment or other evidence of the right to represent the company; where representation is based on a power of attorney, evidence of the authorising person’s right to grant further authority may also be required. In a joint bid, the bidders must submit a power of attorney and confirmation and appoint one of their members as representative; joint bidders are jointly and severally liable for contract performance.
The bidder must provide the names and personal identification codes of persons authorised to represent, make decisions for or control the company who are not identifiable from the commercial register, or confirm that there are no such persons. If the bidder relies on another entity’s capacities or uses subcontractors, it must also provide details of such authorised persons for those entities. A foreign entity must provide the required evidence that no exclusion grounds apply; for the successful bidder, the contracting authority will request this evidence during the procedure. The bid must identify any information claimed as a trade secret and explain the basis for that designation; the bid price and figures relating to the award criteria may not be classified as trade secrets. No information on the award criteria is provided.