Surgical masks

A bidder may be excluded if the bidder, a member of its administrative, management or supervisory body, or a person authorised to represent, make decisions for or control it, has been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, a terrorist offence or another offence related to terrorist activities, money laundering or terrorist financing, unlawful use of child labour, or human trafficking, or if an exclusion period imposed by a conviction remains in force. Failure to meet tax or social security contribution obligations is also an exclusion ground. The notice sets the tax debt threshold at EUR 0; the accompanying information states that the Estonian tax authority does not issue a tax debt certificate if the debt is below EUR 100 or its payment has been rescheduled. For foreign bidders, tax debt certificates are issued under the law of the bidder’s country of establishment. Exclusion grounds also include enabling a foreign national residing in Estonia without a lawful basis to work, or enabling a breach of the conditions for a foreign national’s employment in Estonia, including payment below the statutory wage rate. A bidder may also be excluded if awarding the contract to it would breach an international sanction or a sanction imposed by the Government of the Republic of Estonia. Where an exclusion ground applies, the bidder may submit evidence of measures taken to restore its reliability if the procurement exceeds the international threshold or the tender documents provide for this possibility.

The bidder must be the manufacturer of the surgical masks or the manufacturer’s authorised sales representative in Estonia. The bid must include a document from the manufacturer or authorised supplier proving the bidder’s rights to sell the product and provide technical support. The bidder must submit the completed technical specification and the manufacturer’s technical specifications, declarations of conformity, instructions for use and other necessary information materials, enabling the buyer to verify compliance with the technical specification. The offered products must bear the CE marking and be placed on the market in accordance with Regulation (EU) 2017/745 or its transitional provisions. Applicable conformity certificates or declarations of conformity must be submitted. Where equivalence is relied upon, it must be explained and supported by evidence. Samples must be provided as specified in section 3 of the technical specification. The bidder must submit the participation application using tender document Form 1 and the power of attorney using Form 2. For a joint bid, a power of attorney appointing a common representative must be included. The price offer must be submitted using Form 4 in the required structure. Conditional bids are not permitted; by submitting a bid, the bidder confirms acceptance of the tender document requirements. The notice does not specify the award criteria.