Compliance requirements
The tenderer must confirm that none of the exclusion grounds apply. These include convictions for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing; offences related to illegal employment of foreigners or underpayment below the statutory wage; child labour or human trafficking; tax, social security or environmental charge debts; and situations where the contract would breach an international sanction or a Government of Estonia sanction. The contracting authority may also exclude a tenderer for serious or repeated breach of a previous public contract, or if false information or missing documents were submitted about exclusion grounds or qualification requirements. The tenderer must submit the confirmations on the required form, and in a joint tender all joint tenderers must provide the confirmations relevant to them.
Qualification criteria and exclusion grounds
The tenderer must be registered in the commercial register of an EU, EEA or WTO GPA member state, if this is required by the laws of the tenderer’s country of establishment. An Estonian tenderer does not have to submit a copy of the registration certificate, although the contracting authority may request it. If the tenderer relies on the capacities of another company, it must provide details of that entity and also submit that entity’s confirmations. For lot 1, the tenderer must be the manufacturer of the servers or the manufacturer’s official reseller, partner or representative, and must provide a document proving this. For lot 2, the tenderer must be the manufacturer’s official reseller of VMware licences or a partner of the Estonian distributor, and must provide a confirmation letter. The tender must comply with the technical specification; for servers, technical data must be submitted, and for licences, the names of the offered licences must be provided. The tender must also meet any equivalence requirements if an equivalent solution is offered. In a joint tender, a power of attorney for the joint tenderers’ representative must be attached. The tenderer must also indicate any business secrets or confirm that the tender contains no business secrets, and confirm that the tender does not breach an international sanction or a Government of Estonia sanction.