Compliance requirements
Bidders must declare whether exclusion grounds apply to them or to persons in their administrative, management or supervisory bodies, or representatives authorised to act for or control them. Grounds include final convictions within the previous five years, or a continuing exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or human trafficking. The bidder must also disclose any outstanding tax or social security contribution obligations. The stated threshold is EUR 0; under the described national rules, tax debt below EUR 100 or debt subject to an approved payment schedule does not result in a tax-debt certificate being issued.
Other grounds include breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, an analogous situation, an arrangement with creditors, assets managed by a liquidator or court, or suspended business activity; serious professional misconduct; anti-competitive agreements; an unavoidable conflict of interest; involvement in preparing this procurement where an advantage cannot otherwise be remedied; significant or repeated failures under previous public contracts resulting in early termination, damages or penalties; false or misleading information, failure to provide information or requested documents, or attempts to obtain confidential information. National grounds also cover enabling the unlawful employment of a foreign national, applicable international sanctions, local tax debt where provided for, convictions for tax offences and restrictions on participation based on the bidder’s country of establishment.
Where permitted, a bidder may provide evidence of measures taken to restore its reliability. The tender document notes that this possibility applies where the procurement exceeds the international threshold or the contracting authority has provided for it in the procurement documents.
Qualification criteria and exclusion grounds
The bidder must be a licensed insurance provider established in an EU Member State, an EEA contracting state or a state party to the WTO Government Procurement Agreement. It must hold the authorisation specified in section 15(1) of the Insurance Activities Act for the insurance class covered by the framework agreement, or be listed as an insurer by the Estonian Financial Supervision and Resolution Authority. The contracting authority will verify this using publicly available information.
The bidder must have a claims-handling unit in Estonia providing service in Estonian for the offered services. The unit’s address and contact details must be provided. The bidder must also have an agreement with a foreign partner able to provide insurance assistance worldwide; the partner’s name, registration number and contact details must be given.
The bid must include insurance terms consistent with the procurement documents, including the technical description, and clearly explain the scope of coverage and exclusions. It must accept the procurement-document conditions and may not be conditional. The bid must remain valid for at least 3 months. Prices must follow the specified structure and Form 3; the bidder must also state the indemnity limit per insured event and insurance period, and the maximum indemnity limit per insured person, event and period.
For a joint bid, an authorisation appointing a common representative must be included. The person submitting the bid must be the bidder’s legal representative or provide a power of attorney. The bid must identify any information claimed as a trade secret and explain why; the bid price and numerical figures used to evaluate insurance services may not be designated as trade secrets.
The bidder must confirm that it will not involve subcontractors or suppliers accounting for more than 10% of the contract value if they are Russian nationals, residents or entities established in Russia; entities more than 50% owned by such persons or entities; or persons or entities acting on their behalf or under their direction.
The bidder must provide the required exclusion-ground declarations in the ESPD. The submitted documents do not specify the award criteria in detail; these should be checked in the tender documents.