Compliance requirements
The exclusion grounds apply to all lots. Neither the bidder nor its representative or a member of its management or supervisory body may have been convicted by a final court judgment within the past five years of participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, illegal use of child labour, or human trafficking; an exclusion period still in force also counts. Other possible grounds include unpaid taxes or social security contributions, bankruptcy or another insolvency situation, liquidation, assets being administered by a liquidator or court, suspension of business, or an arrangement with creditors.
Exclusion may also result from breaches of environmental, social or labour-law obligations; serious professional misconduct; agreements intended to distort competition; an unresolved conflict of interest; or involvement in preparing the procurement that creates an unfair competitive advantage. It may also apply following a material or repeated breach of a previous public contract that led to termination, damages, a price reduction or a contractual penalty; submission of false information; failure to provide information or requested documents; or improper attempts to influence the buyer's decisions or obtain confidential information.
Further grounds include enabling a foreign national who is unlawfully present in Estonia to work, entering into a contract contrary to international or Estonian sanctions, and conviction for a tax offence. The ground concerning employment of a foreign national unlawfully present in the country is mandatory; the tax-offence ground is discretionary. The notice states a threshold of EUR 0 for tax and social security arrears, but its additional information says the Estonian tax authority does not issue a certificate where arrears are below EUR 100 (excluding interest not established by an administrative act) or payment has been deferred. For foreign bidders, the law of their country of establishment applies. Where an exclusion ground exists, the bidder may submit evidence of measures taken to restore its reliability where permitted by law or the tender documents.
Qualification criteria and exclusion grounds
For each offered product, the bidder must submit a compliant offer using Annex 1, specifying the product name, manufacturer, product code, unit or set price, dimensions, compliance with the technical requirements, and references to supporting information. The offer must include manufacturer-issued technical specifications, instructions for use and other Estonian- or English-language materials that allow the buyer to verify compliance with Annex 1. Equivalent solutions may be offered for standards, brands or other references in the tender documents; their equivalence must be explained and evidenced.
The bidder must be authorised to sell the offered products in Estonia. It must provide evidence of authorisation from the manufacturer or, where the manufacturer is outside the European Union, from the manufacturer's authorised representative. Any further authorisations in a chain of delegated authority must also be documented. Products must comply with Regulation (EU) 2017/745 or its transitional provisions and bear the CE marking. Copies of declarations of conformity and, where applicable, conformity certificates must be submitted; products covered by documents listing multiple products must be clearly identified.
The bidder must submit the application to participate. For a joint tender, it must also submit the joint bidders' power of attorney and confirmation of joint and several liability. Any information designated as a trade secret must be justified; the tender price and figures used in evaluation cannot be designated as trade secrets. The bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions.
If the offered products have not previously been used by the buyer under an earlier contract, the bidder must be prepared to provide samples. When requested by the buyer, samples must be delivered within 24 hours, in sealed original packaging and labelled with the product code or reference number and product name. Samples will not be returned or reimbursed.
Prices must be quoted in euros per item or set, exclusive of VAT. They must include all delivery and unloading costs to the Tartu University Hospital Foundation's Heart Clinic at L. Puusepa 8, Tartu. Unit prices are final, with no additional charges payable. The notice and supplied documents do not specify turnover, past-experience or other separate bidder qualification thresholds.