Compliance requirements
A bidder may be excluded if it, or a member of its management or supervisory body or its representative, has been finally convicted within the previous five years of participation in a criminal organisation, corruption, fraud, a terrorist offence, money laundering or terrorist financing, unlawful child labour or human trafficking, or if an exclusion period imposed by a judgment is still in force. The bidder must also confirm that taxes and social security contributions have been paid. The notice states a EUR 0 threshold for tax and contribution debts; further information says that Estonia does not issue a tax-debt certificate where the debt is below EUR 100 or payment has been deferred. For a foreign bidder, the law of its country of establishment applies.
Other possible grounds include breaches of environmental, social or labour-law obligations; bankruptcy or other insolvency; liquidation; assets being administered by a liquidator or court; suspended business activity; serious professional misconduct; agreements distorting competition; conflicts of interest; involvement in preparing the procurement in a way that creates an unjustified advantage; serious or repeated breach of a previous public contract; misrepresentation or failure to provide required information or documents; and improper acquisition of confidential information. National grounds also include offences involving the employment of a foreign national residing unlawfully in the country, being subject to international sanctions, local tax debt in the contracting authority’s area, tax offences, and breach of a participation restriction set out in the tender documents. Where an exclusion ground applies, the bidder may provide evidence of measures taken to restore its reliability if the procurement exceeds the international threshold or the contracting authority has allowed this in the tender documents.
Qualification criteria and exclusion grounds
For each lot, the bidder must have properly completed at least two contracts for the sale of medical oxygen during the 36 months preceding the start of the procurement. Each contract must be worth at least EUR 20,000 excluding VAT. A current contract may be used as a reference only if, by the date the procurement was published, the required amount of EUR 20,000 excluding VAT had been completed and paid to the bidder. The bidder must confirm in the tender passport that it meets the requirement and provide a list of the contracts, including their dates, value, and the customer’s name and contact details. The customer’s confirmation of proper performance must be provided on request. Any additional information, explanations or documents requested by the contracting authority must be submitted within five working days of the request.
The bid must include a technical description in the prescribed form and documentation demonstrating that the medical oxygen and rental cylinders meet the specifications. The bid must be in Estonian; foreign-language documents must be accompanied by an Estonian translation. Conditional bids are not permitted. Prices must be provided in euros, both excluding and including VAT, to two decimal places, using the prescribed price schedule. Every line must be completed without changes or added conditions, and the price must cover all costs required to perform the contract. If the price in the prescribed schedule differs from the price entered in the procurement register, the contracting authority will use the price in the schedule. Joint bidders must appoint an authorised representative and provide a power of attorney. The bidder must identify and justify any information claimed as a trade secret; prices, price components and other evaluated characteristics of bids for supply contracts may not be designated as trade secrets. The bidder must confirm that the goods are not subject to international sanctions and do not originate from sanctioned regions. Where equivalence is relied upon, the bidder must explain it and provide supporting evidence. The available information does not specify the award criteria or their weightings.