Procurement of dry food parcels

A bidder may be excluded if, within the last five years, the bidder or a person with management, supervisory or representative authority has been convicted by a final judgment of participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering, terrorist financing, unlawful child labour or human trafficking, and the exclusion obligation remains in force. Other possible grounds include unpaid taxes or social security contributions; breaches of environmental, social or labour-law obligations; bankruptcy, liquidation, insolvency, administration of assets by a liquidator, or suspended business activities; serious professional misconduct; agreements distorting competition; an unavoidable conflict of interest; an unfair advantage gained through involvement in preparing the procurement; substantial or repeated breach of a previous contract resulting in termination, a price reduction, damages or a penalty; false statements, failure to provide required information or documents, or improper acquisition of confidential information. A ground for exclusion also applies where awarding the contract would breach an international or Estonian sanction, where the bidder or its legal representative has been penalised for enabling the employment of a foreign national staying in the country unlawfully, or where the bidder has been penalised for a tax offence. The contracting authority may also apply grounds relating to local tax arrears or restrictions based on the bidder’s place of establishment or residence if these are set out in the tender documents.

The bidder’s net sales revenue must have been at least EUR 75,000 in each of the last three financial years completed by the start of the procurement. The bidder must submit a confirmation in the procurement passport. The bid must accept all tender-document conditions and must not be conditional. Prices must follow the structure specified in the pricing schedule. Joint bidders must appoint an authorised representative and include the power of attorney with the bid. Any information identified as a trade secret must be justified; prices and other evaluated figures may not be marked as trade secrets. The bidder must confirm that the offered goods meet the requirements. Where equivalence is relevant, it must be explained and supported by evidence. The bidder must also provide a certificate confirming the food parcels’ shelf life, or another document explaining how the shelf life was determined. The offered goods must not be subject to international sanctions or originate from sanctioned regions. Russian-linked subcontractors and suppliers of the specified categories may not account for more than 10% of the contract value. The bidder must confirm that neither it nor persons acting on its behalf have engaged in corrupt conduct in connection with the procurement.