Compliance requirements
A bidder may be excluded if it, or a member of its administrative, management or supervisory body, is subject to a final conviction for participation in a criminal organisation, corruption, fraud, terrorism or terrorist-related offences, money laundering or terrorist financing, unlawful child labour or human trafficking. Convictions from the previous five years are relevant, as is any exclusion period that remains in force under the judgment.
Exclusion may also apply for failure to pay taxes or social security contributions. The European Single Procurement Document states a threshold of EUR 0 for tax debt; the accompanying information explains that in Estonia a tax-debt certificate is not issued where the debt is below EUR 100 or payment has been deferred.
A bidder may also be excluded for enabling a foreign national residing unlawfully in Estonia to work or for violating the conditions governing a foreign national’s employment in Estonia. The bidder must confirm that it is not subject to exclusion as an entity covered by international sanctions and is not affected by any participation restriction based on its place of establishment or residence set out in the procurement documents.
The bidder must confirm that it will not involve, for more than 10% of the contract value, Russian nationals, residents or entities established in Russia, entities more than 50% owned by them, or their representatives or persons acting on their instructions. The bidder must also confirm that the goods offered are not subject to international sanctions and do not originate from sanctioned regions.
Qualification criteria and exclusion grounds
The bidder and each member of a joint bid must be registered in a commercial or equivalent register in their country of establishment. If registration is not legally required, the bidder must provide its founding document or an equivalent document.
During the 36 months preceding the start of the procurement, the bidder must have completed at least one contract similar to the subject of this procurement, or several such contracts with a combined value of at least EUR 50,000. The bidder must list the contracts in the European Single Procurement Document, including their values, award dates and details of the other parties.
The bidder must be the manufacturer’s official sales partner and reseller in Estonia for the licences offered and must provide evidence, for example an extract from the manufacturer’s website.
The bid must include the declaration and bidder confirmations using Form I of Annex 2 to the procurement documents. The bid must remain valid for at least 3 months from the bid submission deadline. If the person signing the bid is not recorded as having the right to represent the bidder, a power of attorney must be submitted. Joint bidders must appoint an authorised representative and submit the original power of attorney granted to that representative.
Prices for the licence renewal must be submitted using Annex 3, in euros to two decimal places. Prices must include all fees and taxes other than VAT, which must be shown separately; no additional costs will be reimbursed. Zero or negative prices are not permitted. The total bid price must follow the required pricing structure. By submitting a bid, the bidder confirms acceptance of the procurement document requirements.
The bidder must confirm that it will not involve, for more than 10% of the contract value, subcontractors or suppliers covered by the specified sanctions, or rely on such entities’ capacities. It must also confirm that the goods offered are not subject to international sanctions and do not originate from sanctioned regions. Any information identified as a trade secret must be justified; the bid price and figures relevant to evaluation cannot be designated as trade secrets. The exact award-criteria weights are not stated in the available text and must be checked in the procurement documents.