Compliance requirements
The contracting authority will exclude a bidder where any of the grounds under § 95(1) of Estonia’s Public Procurement Act apply. These include relevant convictions of the bidder or persons authorised to represent, control or make decisions for it, including offences involving criminal organisations, corruption, fraud, terrorism or terrorist activity, money laundering or terrorist financing, unlawful employment of foreign nationals or breaches involving the legally required minimum pay, child labour or human trafficking. A bidder must also have no outstanding state tax, duty or environmental-charge debt, or tax or social-security contribution debt under the law of its country of establishment, and entering into the contract must not breach applicable international or Estonian government sanctions.
Where a foreign undertaking is involved in the bid, including through reliance on its capacity, a joint bid or subcontracting, the bidder must provide documents confirming that the relevant exclusion grounds do not apply to that undertaking and its relevant representatives, decision-makers or controllers. The contracting authority may request further evidence if it cannot verify the information in public records.
Qualification criteria and exclusion grounds
The bidder’s net turnover over the three financial years completed by the start of the procurement must total at least EUR 300,000 excluding VAT, with turnover of at least EUR 100,000 in each year. If the relevant information cannot be verified from public sources, the contracting authority may request extracts from annual accounts or other supporting documents. Joint bidders may rely on one another’s figures. Where the bidder relies on another entity’s capacity, it must provide that entity’s signed confirmation of its consent, absence of exclusion grounds, participation in contract performance in a way that allows the bidder to use the relevant capacity, and joint responsibility for proper performance. Supporting financial documents may be requested for foreign entities or where the information cannot otherwise be verified.
The bidder must hold Atlassian partner status and provide valid manufacturer authorization or a certificate proving the right to sell the offered products in Estonia, or a link to the manufacturer’s website showing that right. If the bidder obtains the products through an intermediary, evidence must establish the resale-right chain between the manufacturer, intermediary and bidder. The bidder must submit a completed price table in the prescribed form, with prices in euros excluding VAT. It must confirm that it accepts the procurement documents, holds the intellectual property and personal-data processing rights needed to participate and perform the contract, and that the offered goods are new, unused, defect-free and comply with the technical requirements.
Where the bid is submitted by someone other than the bidder’s legal representative, a power of attorney is required. Foreign bidders must provide appropriate evidence of the signatory’s authority to represent the company. Joint bidders must appoint an authorised representative, submit the required authorisation and confirmation, and accept joint and several liability for contract performance. The bidder must identify authorised persons who are not visible in the relevant commercial-register record. The bid must also state and justify any information claimed as a trade secret; prices and specified evaluation-related figures may not be classified as trade secrets. No award criteria are specified in the provided documents.