Compliance requirements
The bidder must not be subject to exclusion grounds relating to convictions of the bidder or its representatives, management or supervisory personnel for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, unlawful use of child labour or human trafficking. Relevant convictions within the last five years, or an exclusion period that remains in force, are also taken into account.
Grounds for exclusion may include failure to pay taxes or social security contributions; bankruptcy, liquidation, insolvency, suspension of business or a similar situation; and serious breaches of environmental, social or labour law. They may also include serious professional misconduct, agreements intended to distort competition, an unavoidable conflict of interest, or involvement in preparing the procurement in a way that creates an unfair advantage. Relevant grounds further include substantial or repeated breaches of a previous public contract, providing false information or failing to provide required information or documents, improperly influencing the contracting authority's decisions, or seeking confidential information to obtain an unfair advantage.
A ground for exclusion also applies where the bidder has enabled a foreign national to work in Estonia without a legal basis or breached the conditions for employing a foreign national, including the applicable pay requirement. A conviction for a tax offence may be a discretionary ground for exclusion. The contract may not be awarded to a person where doing so would breach an international or Estonian sanction.
The stated threshold for tax and social security contribution arrears is EUR 0. The notice explains that the Estonian tax authority does not issue a tax-debt certificate for arrears below EUR 100 or where payment has been deferred; the rules of the bidder's country of establishment apply to foreign bidders. Where an exclusion ground applies and the law permits it, the bidder may submit evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must have at least one maintenance technician trained by the device manufacturer to maintain and repair the offered device. The bidder must confirm this in the European Single Procurement Document and submit a copy of the manufacturer's training certificate or other credential.
The bidder must hold a valid radiation practice licence or, if it does not hold an Estonian licence, a valid recognition of that licence issued by the Estonian Environment Agency. The bidder must be the official representative of the offered device and submit evidence of representation granted by the manufacturer or, where the manufacturer is outside the EU, by its authorised representative. Where authority has been delegated further, the relevant documents confirming the chain of authorisation must also be provided.
The device must bear the CE marking and comply with Regulation (EU) 2017/745. The bidder must submit a declaration of conformity and, where applicable, a conformity certificate or copies of these documents. The bidder must also provide the manufacturer's technical data and/or user manual to demonstrate compliance with the technical specification (Annex 1), maintenance plans for the warranty and post-warranty periods, and applicator sterilisation instructions. The maintenance plans must specify preventive maintenance frequency and estimated duration, the work to be performed, and the maintenance supplies, spare parts and consumables used or replaced.
The bidder must submit the participation application using Form II of Annex 4. For a joint bid, a power of attorney in the form of Annex 4, Form I, and confirmation of the joint bidders' joint and several liability must be provided. The bid must comply with the tender documents and technical specification; any equivalent solution must be explained and supported by evidence. The bidder must identify and justify any trade secrets in the bid; the bid price and figures used for evaluation may not be designated as trade secrets.
Prices must be submitted, excluding VAT, in the prescribed format: the device price, including delivery, installation and commissioning, training, warranty-period repairs and preventive maintenance, and the costs of the other specified obligations; the price of seven years of post-warranty preventive maintenance, including replacement of radiation sources and disposal of used sources; and the price for 100 hours of repair work, with no additional costs. The quoted prices are final.
The bidder must confirm that it will not involve subcontractors or suppliers accounting for more than 10% of the contract value where they are Russian citizens, residents or entities established in Russia; are more than 50% owned by such persons or entities; or act as their representatives or on their instructions. The bidder must also confirm that the offered goods are not subject to international sanctions and do not originate in a sanctioned region.