Compliance requirements
The bidder may be excluded for final convictions within the applicable five-year period involving participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or human trafficking. Exclusion may also apply to the bidder or its representatives for enabling unlawful employment of a foreign national, including paying below the legally required wage, or for tax offences. A contract may not be awarded where this would breach international or Estonian government sanctions.
Other grounds include unpaid taxes or social security contributions; breaches of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation, an arrangement with creditors, administration of assets by a liquidator or court, suspension of business, or a comparable situation; serious professional misconduct; agreements with other businesses to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement that creates an unpreventable competitive advantage; significant or repeated breach of an earlier public contract resulting in early termination, damages, a price reduction or a penalty; and providing false or misleading information, withholding information or required documents, or improperly seeking confidential information. Where permitted for the relevant ground, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must be registered in the relevant business register in its country of establishment. The contracting authority will check the registration of bidders established in Estonia; a foreign bidder must provide suitable evidence of registration if requested.
The bidder must be an insurance-services provider established in an EU or EEA country, or in a country party to the World Trade Organization Government Procurement Agreement, and must be legally entitled to provide the relevant non-life insurance and insure risks located in Estonia. An insurer operating in Estonia must hold a valid Financial Supervision Authority licence to provide civil liability insurance by the bid submission deadline. A foreign insurer must satisfy the conditions in Chapter 2, Section 3 of Estonia’s Insurance Activities Act and appoint a contact point in Estonia and a representative who can be contacted in Estonian. If evidence of compliance is not available on the Financial Supervision Authority’s website, the bid must state where the authority can verify it free of charge or include a copy of the relevant document.
The bid must comply with all tender-document conditions; conditional bids are not permitted. The bidder must submit the participation application using Form 1. If the person signing the bid has no representative authority recorded in the relevant register, a power of attorney using Form 2 must be included. Joint bidders must appoint an authorised representative from among themselves and include their power of attorney. The bid price must follow the structure specified in the evaluation criteria and priceable indicators sheet. The bidder must identify and justify any information claimed as a trade secret; the bid price and numerical information relevant to evaluation criteria may not be treated as trade secrets. The documents provided do not specify the scoring method for the award criteria.