Anchor chains

A bidder may be excluded if the bidder, its representative, or a member of its management or supervisory body has, within the past five years, been convicted of participation in a criminal organisation, corruption, fraud, a terrorist offence, money laundering or terrorist financing, unlawful use of child labour or human trafficking, or if an exclusion period imposed by a conviction remains in force. Grounds may also include outstanding tax or social security contributions, bankruptcy, liquidation, insolvency or a comparable situation, breaches of environmental, social or labour law, and serious professional misconduct. Other grounds may include agreements distorting competition, an unresolved conflict of interest or an unfair advantage resulting from involvement in preparing the procurement, a serious or repeated breach of a previous contract resulting in termination, damages or another sanction, and misrepresentation, withholding information, failure to provide required documents or improperly obtaining confidential information. National grounds also include enabling a foreign national to work in Estonia without a legal basis and conviction for a tax offence. The bidder must also confirm that neither it nor the goods offered are subject to international sanctions. If a ground for exclusion applies, the bidder may submit evidence of measures taken to restore its reliability where this is permitted for the procurement.

Within the 36 months preceding the start of the procurement, the bidder must have completed at least one sales contract for anchor chains or similar products with a total value of at least EUR 38,000 excluding VAT. The contract may have started earlier, but it must have been completed within that 36-month period. The bidder must provide the contract value, dates and details of the other contracting party. The tender must comply with the tender documents; conditional tenders are not permitted. For the 18 mm and 30 mm anchor chains, the bidder must provide the manufacturer’s name, the manufacturer’s country and the manufacturer’s technical data sufficient to assess compliance with the technical specification. The chains must have been manufactured in Estonia, another EU Member State, an EEA contracting state or a country party to the WTO Government Procurement Agreement; documentary evidence of origin must be provided. The bidder must be established or domiciled in one of those countries and confirm that the goods are not subject to international sanctions and do not originate from sanctioned territories. For a joint tender, a power of attorney for the joint bidders must be submitted. Any trade secrets in the tender must be identified and the designation justified; the tender price and figures corresponding to evaluation criteria may not be classified as trade secrets. The bidder must provide the names and personal identification codes of authorised persons not identifiable from the commercial register, or confirm that it has no such persons. The available documents do not specify the award criteria.