Compliance requirements
The bidder may be excluded for relevant final convictions of the bidder or its management, supervisory or authorised representatives within the last five years, or while an exclusion period remains in force. The offences listed include participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and illegal child labour or other forms of human trafficking. Where legally available, the bidder may provide evidence of measures taken to restore its reliability.
Exclusion grounds also include unpaid taxes or social security contributions in the bidder’s country of establishment or the contracting authority’s country. The stated threshold is EUR 0; under Estonian rules, however, a tax-debt certificate is not issued for a debt below EUR 100, excluding interest not determined by an administrative act, or where payment has been deferred. Other grounds include breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, an analogous situation, an administrator managing the bidder’s assets, suspended business activity, or an agreement with creditors; serious professional misconduct; agreements intended to distort competition; an unresolvable conflict of interest; involvement in preparing the procurement that creates an unavoidable competitive advantage; and significant or repeated breach of an earlier public contract resulting in early termination, damages, a price reduction or a penalty.
A bidder may also be excluded for false or misleading information, failure to provide required information or requested supporting documents, or improper attempts to obtain confidential information or influence the procurement decision. National grounds include enabling a foreign national to work without a legal basis or in breach of employment conditions, including paying below the legally required wage; being subject to applicable international sanctions; tax-related offences; and restrictions on eligibility to participate based on the bidder’s place of establishment. Where a ground applies, remedial evidence may be submitted where the law or procurement documents allow it.
Qualification criteria and exclusion grounds
The bidder must submit an unconditional offer accepting the procurement documents. The total price must follow the prescribed price-form structure, be stated in euros excluding VAT to two decimal places, and include all costs payable by the contracting authority for contract performance.
If subcontractors are used, the offer must identify those participating directly in performance and state the proportion, size and nature of the work to be subcontracted. Other subcontractors may perform a significant part of the contract only after the contracting authority has been notified. The bidder must provide the contract signatory’s name and authority to sign, as well as the performance contact’s name, title, telephone number and email address. Joint bidders must provide an authorisation appointing their representative and confirm joint and several liability for performance; where another entity’s capacity is relied upon, the relevant parties must also confirm joint and several liability for the part concerned.
The bidder must provide the names and personal identification codes or dates of birth of its management bodies and authorised representatives not visible in the relevant company register, or confirm that no such persons exist. Any claimed trade secret must be identified and justified; the total and unit prices, and other applicable numerical evaluation figures for service contracts, may not be designated as trade secrets. Where an equivalent solution is offered, the bidder must explain the equivalence and provide supporting evidence.
The bidder must confirm that it and any entities whose capacity it relies on are not established in Russia or Belarus. It must also confirm compliance with the stated EU sanctions restrictions: Russian-linked subcontractors or suppliers may not account for more than 10% of the contract value; more than 50% of the bidder’s ownership may not be held directly or indirectly by specified Russian persons or entities; and the bidder may not act for, or under the instructions of, such persons or entities. The offered goods must not be subject to international sanctions or originate from sanctioned regions.
The bidder must provide a free-form confirmation that it has the right to sell support and updates for the Oracle licences covered by the contract in Estonia. The available documents do not specify the award-scoring details.