RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/127/Rev.1/Add.1
1 October 2001
(01-4671)
Committee on Government Procurement Original:  English
CHECKLIST OF ISSUES FOR PROVISION OF INFORMATION RELATING TO
ACCESSION TO THE AGREEMENT ON GOVERNMENT PROCUREMENT
Replies by Estonia
Addendum
The following communication, dated 28 September 2001, has been received from the
Permanent Mission of Estonia with the request that it be circulated to Parties.
Estonia would hereby like to supplement the submission of 17 August 2001 (document
GPA/W/127/Rev.1, dated 18 September 200 1) with the following information.
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The current answer to question 2 should be supplemented with a list of the following legal acts:
2. What are the other laws, regulations, decrees, administrative rulings, decisions, policy
guidelines and other instruments governing government procurement?  Please provide a summary of
the subject areas dealt with by each of these instrume nts.  Please also explain the main differences (if
any) that exist between their application at the central and sub-central levels of government and at
other types of entities.
• Regulation of the Minister of Economic Affairs "Requirements to the Web Application of the
Web Site and the Order of Compliance Assessment Related to Such Requirements" (entered into
force 22 July 2001, published in RT L 2001, 85, 1183);
• Regulation of the Minister of Economic Affairs "The Order of Work of the Committee Deciding
the Entry into the National Register of Undertakings Operating in Areas of Activity Subject to
Special Requirements  of an Undertaking Wishing to Operate as a Administrator of a Web Site for
Government Procurement" (entered into force 2 August 2001, published in RT L 2001, 92, 1271);
• Regulation of the Government "Amendments to the Government Regulation of 29 March 2001
No. 116 "Establishment of the National Government Procurement Register and the Statutes of the
Register" (entered into force 19 April 2001, published in RT I 2001, 37, 214);
• Regulation of the Government "The Approved List of Objects of Government Procurement in the
Case of Which Consolidated Government Proc urement is Applied and the Bodies Organizing
Tendering Procedures for Such Government Procurement" (entered into force 1 January 2002,
published in RT I 2001, 68, 411);
• Regulation of the Minister of Economic Affairs "The Instructions for Organization of government
Procurement for Construction and Projects of Buildings" (entered into force 10 April 2001,published in RT L 2001, 44, 629);GPA/W/127/Re v.1/Add.1
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• Regulation of the Government "Establishment of the National Government Procurement Register
and the Statutes of the Register" (entered into force 1 March 2001, published in RT I 2001,
20, 111).
The current answer to question 5 should be supplemented for further clarity with the following
indicative list of government entities:
5. Please list all central government entities (m inistries, departments, agencies, etc.) procuring
goods, services and construction services.
1. The State Chancellery
2. The National Archives of Estonia3. Ministry of Education
4. The Language Inspectorate
5. Ministry of Justice
6. Prosecutor's Office
7. Ministry of Defense8. The Information Board
9. Ministry of Environment
10. Land Board
11. Environmental Inspectorate
12. Centre of Forest Protection and Silviculture13. Ministry of Culture
14. The Heritage Conservation Inspectorate
15. Ministry of Economic Affairs
16. Patent Office
17. The Technical Inspectorate18. The Energy Market Inspectorate
19. The Consumer Protection Board
20. Public Procurement Office
21. Estonian Patent Library
22. Ministry of Agriculture23. The Plant Production Inspectorate
24. Animal Breeding Inspectorate
25. Agricultural Registers and Information Board
26. The Veterinary and Food Board
27. Ministry of Finance
28. The Competition Board
29. Tax Board30. Statistical Office
31. Customs Board
32. Insurance Supervisory Authority
33. Securities Inspectorate
34. Assay Office35. Ministry of Internal Affairs
36. The Security Police Board
37. Citizenship and Migration Board
38. The Border Guard Administration
39. The Police Board40. Centre of Forensic Science and Criminalistic
41. Central Criminal Police
42. The Rescue Board
43. The Data Protection InspectorateGPA/W/127/Re v.1/Add.1
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44. Ministry of Social Affairs
45. Agency of Medicines
46. Social Insurance Board
47. Labour Market Board
48. Health Care Board49. Health Protection Inspectorate
50. Labour Inspectorate
51. Ministry of Transport and Communications
52. Civil Aviation Administration
53. Road Administration
54. Communications Board
55. Maritime Administration56. Estonian Railway Administration
57. Ministry of Foreign Affairs
58. Government of Harju County
59. Government of Hiiu County
60. Government of Ida-Viru County61. Government of Jõgeva County
62. Government of Järva County
63. Government of Lääne County
64. Government of Lääne-Viru County
65. Government of Põlva County66. Government of Pärnu County
67. Government of Rapla County
68. Government of Saare County
69. Government of Tartu County
70. Government of Valga County71. Government of Viljandi County
72. Government of Võru County
The answer to question 18 should read as follows:
18. In situations where qualification procedures and selective tendering may be used, to what
extent do entities allow suppliers to become qualified during the procurement process?  To whatextent do entities maintain permanent lists of suppliers?
The Public Procurement Act sets the qualification and the use of permanent lists of suppliers
through the following provisions:
§30. Qualification of tenderers or applicants
/…/
(2) Upon verification of the qualifications of an applicant in the case of a restricted tendering
procedure or negotiated tendering procedure with prior publication of a tender notice, the qualification
requirements prescribed for tenderers shall be applied to the applicant.
(3) In the case of an open tendering procedure, the contracting authority shall verify the
qualifications of the tenderers before reviewing the contents of the tenders.
(4) In the case of a restricted tendering procedure or negotiated tendering procedure with prior
publication of a tender notice, the contracting authority shall verify the qualifications of an applicant
before submission of the tender documents.  A tend erer may be subsequently disqualified only if the
contracting authority becomes aware of new circumstances.GPA/W/127/Re v.1/Add.1
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(5) In the case of a negotiated tendering procedure without prior publication of a tender notice,
the contracting authority shall verify the qualifications of tenderers either before or after submission
of tender documents upon purchasing of goods or contracting for services and before submission of
tender documents upon contracting for construction work.
§37. System for qualifying tenderers
(1) Contracting authorities specified in clause 5 (1) 6) of this Act may use a qualifying system for
tenderers both in the case of public procurements the estimated value of which is lower than an
international threshold and public procurements the value of which equals or exceeds an international
value threshold.  Contracting authorities specified in clauses 5 (1) 1)–5) of this Act may use aqualifying system for tenderers in the case of a negotiated tendering procedure without prior
publication of a tender notice and in the case of a public procurement the estimated value of which is
lower than an international value threshold.
(2) A contracting authority may establish a system for qualifying tenderers, based on objective
criteria and the provisions of this Act.
(3) Contracting authorities who establish a system for qualifying tenderers based on qualification
criteria and rules shall ensure that it is possible, at all times, for interested persons to:
1) access the criteria and rules for qualifying tenderers, whereas interested persons shall
be notified of amendments to such criteria or rules;
2) apply for qualification.
(4) A contracting authority may use lists of qualified tenderers compiled by other persons on the
condition that the qualification systems used are in accordance with the requirements of the
contracting authority and the provisions of this Ac t.  In such case, the contracting authority shall
notify interested persons of the names of the persons who compiled the lists of qualified tenderers.
(5) A contracting authority shall inform applicants of the decision concerning qualification.  If
the decision concerning qualification cannot be ma de within two months, the contracting authority
shall inform applicants of the reasons for the delay and notify them of the date on which the decision
is to be made within two weeks after submission of the applications.
(6) Applicants who are disqualified shall be informed of the corresponding decision and grounds
for disqualification.  The grounds for disqualification shall be based on the criteria for qualifyingtenderers, specified in subsection (2) of this section.
(7) A contracting authority shall not require tenderers to submit documents which duplicate
documents already submitted to such contracting authority by the corresponding tenderer.
(8) Written records shall be kept of qualified tenderers.  The corresponding list may be
subdivided into categories according to the object of public procurement to which the qualification
applies.
(9) Contracting authorities may disqualify of a tenderer only on grounds arising from criteria for
qualification specified in subsection (2) of this section.  A tenderer shall be notified of disqualification
and the reason thereof shall be indicated.
(10) A contracting authority shall submit a notice concerning the establishment of a system for
qualifying tenderers to the register and the notice shall contain at least the following information:GPA/W/127/Re v.1/Add.1
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1) the name, address and other details of the contracting authority, and the registry code
thereof if it has a registry code;
2) the time of establishing the criteria and rules for qualifying tenderers;3) the place and time for accessing the criteria and rules for qualifying tenderers.
The answer to question 28 should read as follows:
28. Article IX:1 of the Agreement foresees publication of permanent lists of qualified suppliers by
entities maintaining such lists.  Please give the name of the publication(s) and indicate the meansused for this purpose.  Please also provide, where available, the address of an Internet website where
such invitations are published.
The lists of qualified suppliers are not published, but a contracting entity shall publish
electronically a notice concerning the establishment of a system for qualifying tenderers.  The Internetaddress for such electronic publications is:  http://www.rha.gov.ee
§37. System for qualifying tenderers
(1) Contracting authorities specified in clause 5 (1 ) 6) of this Act may use a qualifying system for
tenderers both in the case of public procurements the estimated value of which is lower than an
international threshold and public procurements the value of which equals or exceeds an international
value threshold.  Contracting authorities specified in clauses 5 (1) 1)–5) of this Act may use a
qualifying system for tenderers in the case of a negotiated tendering procedure without prior
publication of a tender notice and in the case of a public procurement the estimated value of which islower than an international value threshold.
(2) A contracting authority may establish a system for qualifying tenderers, based on objective
criteria and the provisions of this Act.
(3) Contracting authorities who establish a system for qualifying tenderers based on qualification
criteria and rules shall ensure that it is possible, at all times, for interested persons to:
1) access the criteria and rules for qualifying tenderers, whereas interested persons shall
be notified of amendments to such criteria or rules;
2) apply for qualification.
(4) A contracting authority may use lists of qualified tenderers compiled by other persons on the
condition that the qualification systems used are in accordance with the requirements of the
contracting authority and the provisions of this Ac t.  In such case, the contracting authority shall
notify interested persons of the names of the persons who compiled the lists of qualified tenderers.
(5) A contracting authority shall inform applicants of the decision concerning qualification.  If
the decision concerning qualification cannot be ma de within two months, the contracting authority
shall inform applicants of the reasons for the delay and notify them of the date on which the decision
is to be made within two weeks after submission of the applications.
(6) Applicants who are disqualified shall be informed of the corresponding decision and grounds
for disqualification.  The grounds for disqualification shall be based on the criteria for qualifying
tenderers, specified in subsection (2) of this section.GPA/W/127/Re v.1/Add.1
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(7) A contracting authority shall not require tenderers to submit documents which duplicate
documents already submitted to such contracting authority by the corresponding tenderer.
(8) Written records shall be kept of qualified tenderers.  The corresponding list may be
subdivided into categories according to the object of public procurement to which the qualificationapplies.
(9) Contracting authorities may disqualify of a tenderer only on grounds arising from criteria for
qualification specified in subsection (2) of this section.  A tenderer shall be notified of disqualification
and the reason thereof shall be indicated.
(10) A contracting authority shall submit a notice concerning the establishment of a system for
qualifying tenderers to the register and the notice shall contain at least the following information:
1) the name, address and other details of the contracting authority, and the registry code
thereof if it has a registry code;
2) the time of establishing the criteria and rules for qualifying tenderers;
3) the place and time for accessing the criteria and rules for qualifying tenderers.
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