RESTRICTEDWORLD TRADE
ORGANIZATIONGPA/W/127/Rev.1
18 September 2001
(01-4416)
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
Revision
The following communication, dated 17 August 2001, has been received from the Permanent
Mission of Estonia with the request that it be circulated to Parties.
Due to the new legislation (Public Procurement Act which entered into force on 1 April 2001,
and the regulations adopted on the basis of it), Estonia hereby submits revised replies to the checklistof issues.
_______________
I. LEGAL FRAMEWORK
1. Is there a single central law on procurement?  If so, please specify?
The present Public Procurement Act serves as a single central law on procurement.
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.
Current legal acts on government procurement in the Republic of Estonia are as follows:
1. Public Procurement Act (entered into force on 1 April 2001, published in RT I 2001,
40, 224);
2. Regulation of the Government "Establishment of register and the statutes for the
maintenance of the register" (entered into force on 19 April 2001, published in RT I
2001, 37, 214);
3. Regulation of the Ministry of Economic Affairs "The formal requirements for prior
notices and the procedure for submission of prior notices" (entered into force on
8 April 2001, published in RT L 2001, 44, 623);
4. Regulation of the Ministry of Economic Affairs "The formal requirements for tender
documents and the procedure for submission of tender documents" (entered into forceon 8 April 2001, published in RT L 2001, 44, 625);GPA/W/127/Rev.1
Page 2
5. Regulation of the Ministry of Economic Affairs "The rules for organizing public
procurement of construction work or construction design" (entered into force on
8 April 2001, published in RT L 2001, 44, 629);
6. Regulation of the Ministry of Economic Affairs "The formal requirements for notices
concerning negotiated tendering procedures without prior publication of a tender
notice and the procedure for submission" (entered into force on 8 April 2001,
published in RT L 2001, 44, 622);
7. Regulation of the Ministry of Economic Affairs "The formal requirements for
declarations and the procedure for submission" (entered into force on 8 April 2001,published in RT L 2001, 44, 618);
8. Regulation of the Ministry of Economic Affairs "The formal requirements for notices
announcing a design contest and the procedure for submission" (entered into force on
8 April 2001, published in RT L 2001, 44, 624);
9. Regulation of the Ministry of Economic Affairs "The formal requirements for design
contest declarations and the procedure for submission" (entered into force on
8 April 2001, published in RT L 2001, 44, 620);
10. Regulation of the Ministry of Economic Affairs "The formal requirements for public
procurement reports and the procedure for submission" (entered into force on
8 April 2001, published in RT L 2001, 44, 619);
11. Regulation of the Ministry of Economic Affairs "The formal requirements for system
for qualifying tenderers and the procedure for submission (entered into force on
8 April 2001, published in RT L 2001, 44,621);
12. Regulation of the Ministry of Economic Affairs "The standard classification of
objects of public procurements" (entered into force on 1 April 2001, published in
RT L 2001, 42, 595);
13. Competition Act (entered into force on 1 October 1998, published in RT I 1998,
30, 410);
14. Riigi Teataja Act (entered into force on 1 March 2000, published in RT I 1999, 10,
155;  1999, 57, 594);
15. Code of Administrative Court Procedure (entered into force on 1 January 2000,
published in RT I 1999, 31, 425;  1999, 96, 846).
3. To what extent will the provisions of the Agreement be applied directly or need to be
transposed into the relevant law?  In the event of direct application of the Agreement over conflicting
provisions of domestic law, please indicate the relevant legal basis.
The Agreement on Government Procurement has to be ratified by the Parliament before it
becomes a part of Estonia's law.
In the case of conflicting provisions of a domestic law and an international agreement ratified
by Parliament, according to Article 123 of the Cons titution of the Republic of Estonia, the provisions
of the international agreement have supremacy over the domestic law provisions.GPA/W/127/Rev.1
Page 3
II. SCOPE AND COVERAGE
4. Please summarize the organization of the government in your country at each level.
The Government of Estonia represents a type of a government of a unitary state and it has the
administrative authority all over the territory of the state in the framework of the existing law.  There
are also local municipalities, which have authority to organize local life in local issues on theirrespective territories according to the existing law.  The right to conclude international agreements as
well as the responsibility for their fulfilment re sts solely with the Government of the Republic of
Estonia.
5. Please list all central government entities (m inistries, departments, agencies, etc.) procuring
goods, services and construction services.
The Public Procurement Act defines the contracting authority as follows:
§5. Contracting authority
(1) For the purposes of this Act, a contracting authority is:
1) a state agency, city or local government, or a local government agency;2) a legal person in public law or a body of a legal person in public law;
3) a legal person in private law which is not a company and all the founders or members
of which are, jointly or separately, the state, a local government and/or a legal person
in public law;
4) a legal person in private law which is not a company and which, to the extent of more
than 50 per cent, is financed or more than one-half of the members of the supervisory
board or management board of which are appointed jointly or separately by the state,
a local government and/or a legal person in public law;
5) an undertaking if it has received a construction work concession from the state, a
local government or a person specified in clauses 2)–4) of this subsection and enters
into procurement contracts for construction work on the basis of such concession, or
if the state, a local government or persons specified in clauses 2)–4) of this subsection
jointly or separately finance the actual or al l of the activities of the undertaking to the
extent of more than 50 per cent, or if the state and a local government jointly or
separately hold a majority of the votes or more than 50 per cent of the shares in the
undertaking either directly or through other persons;
6) an undertaking if the state or a local government has granted a special or exclusive
right to the undertaking pursuant to the Competition Act (RT I 1998, 30, 410;  1999,
89, 813;  2000, 53, 343;  RT III 21, 232) and if the purchasing of goods or contracting
for services or construction work is necessary for the exercise of the special orexclusive right, or if the state, a local government or persons specified in
clauses 2)-4) of this subsection jointly or separately hold a majority of votes or more
than 50 per cent of the shares in the undertaking directly or through other persons and
if the area of activity of the undertaking is either the construction or operation of
permanent networks with the intention to pr ovide services relating to the production,
transportation, transmission or distribution of water, gas, electricity or thermal energyGPA/W/127/Rev.1
Page 4
to the public, or the use of a geographic area in order to prospect for or extract fuels
or enable air or water transport undertakings to use an airport, port or other terminal
structure, or the operation of networks enabling the public to use services relating to
railway, tramway, trolleybus or bus transport, automatic systems or cable distribution,
or the construction or operation of public telecommunications networks for ensuringone or more telecommunications services.
(2) Production, transportation, transmission or distribution of water, gas, electricity or thermal
energy by an undertaking to networks servicing the pub lic is not deemed to be an activity specified in
clause (1) 6) of this section if consumption of water or electricity is necessary for activities other than
those specified in clause (1) 6) of this section, or if the supply of the public network depends solely on
consumption by the undertaking and does not exceed 30 per cent of the average overall production ofwater or electricity by the undertaking during the last  three years, or if production of gas or thermal
energy by the undertaking results inevitably from ac tivities other those specified in clause (1) 6) of
this section, or if the public network is supplied with a surplus of gas or thermal energy for the
purposes of the economic use thereof and such surplus does not exceed 20 per cent of the average
turnover of the undertaking during the last three years.
The organization of the Government of the Republic of Estonia is regulated by the
Government of the Republic Act.
There are 12 ministries in Estonia, the State Chancellery and 15 county governments, as well
as executive agencies and inspectorates, and their regional offices with the authority to exercise
executive power.
The Republic of Estonia has the following ministries:
(1) Ministry of Education;
(2) Ministry of Justice;
(3) Ministry of Defence;
(4) Ministry of the Environment;
(5) Ministry of Culture;
(6) Ministry of Economic Affairs;
(7) Ministry of Agriculture;(8) Ministry of Finance;
(9) Ministry of Internal Affairs;
(10) Ministry of Social Affairs;
(11) Ministry of Transport and Communications;
(12) Ministry of Foreign Affairs.
6. What entities at the sub-central level of gover nment (states, provinces, municipalities, etc.)
procure goods and services?
At the sub-central level, the local municipalities procure goods and services.
7. Which are the enterprises owned or controlled by the government that are subject to the rules
on government procurement?  Which are the other entities or categories of entities (Annex 3-type of
entities) owned and controlled by the government that engage in procurement?  Specify.
As for the purpose of government procurement, Estonia does not operate any lists of such
entities.  Instead, the issue is regulated through the notion of government procurement in Estonia'slaw.  In any concrete case, it will follow the rules set out in the Public Procurement Act.GPA/W/127/Rev.1
Page 5
The Public Procurement Act defines entities that are subject to the rules of government
procurement as follows:
§5. Contracting authority
(1) /.../
3) a legal person in private law which is not a company and all the founders or members
of which are, jointly or separately, the state, a local government and/or a legal person
in public law;
4) a legal person in private law which is not a company and which, to the extent of more
than 50 per cent, is financed or more than one-half of the members of the supervisory
board or management board of which are appointed jointly or separately by the state,
a local government and/or a legal person in public law;
5) an undertaking if it has received a construction work concession from the state, a
local government or a person specified in clauses 2)–4) of this subsection and enters
into procurement contracts for construction work on the basis of such concession, or
if the state, a local government or persons specified in clauses 2)–4) of this subsection
jointly or separately finance the actual or al l of the activities of the undertaking to the
extent of more than 50 per cent, or if the state and a local government jointly orseparately hold a majority of the votes or more than 50 per cent of the shares in the
undertaking either directly or through other persons;
6) an undertaking if the state or a local government has granted a special or exclusive
right to the undertaking pursuant to the Competition Act (RT I 1998, 30, 410;  1999,89, 813;  2000, 53, 343;  RT III 21, 232) and if the purchasing of goods or contracting
for services or construction work is necessary for the exercise of the special or
exclusive right, or if the state, a local government or persons specified in
clauses 2)-4) of this subsection jointly or separately hold a majority of votes or more
than 50 per cent of the shares in the undertaking directly or through other persons and
if the area of activity of the undertaking is either the construction or operation of
permanent networks with the intention to pr ovide services relating to the production,
transportation, transmission or distribution of water, gas, electricity or thermal energy
to the public, or the use of a geographic area in order to prospect for or extract fuels
or enable air or water transport undertakings to use an airport, port or other terminal
structure, or the operation of networks enabling the public to use services relating to
railway, tramway, trolleybus or bus transport, automatic systems or cable distribution,or the construction or operation of public telecommunications networks for ensuring
one or more telecommunications services.
8. Do entities listed in response to questions 5, 6 and 7 apply in their procurement the main law
(if one exists), other legislation provided by the federal or central level of government or are theyautonomous from federal or central level of gover nment in their procurement rules and practices?
Where any of these entities are not subject to the main procurement law, please list the entities
concerned and indicate which laws, regulations, et c., they are subject to.  How will you government
ensure the implementation of the Agreement by such entities below the central/federal government
level?
All entities at all levels follow the Public Procurement Act and regulations adopted on the
basis of the Act.GPA/W/127/Rev.1
Page 6
Entities at the sub-central level of government are not autonomous from the Government of
the Republic of Estonia in implementing any international agreements.
9. Are there any general exceptions from the scope of application of the national procurement
rules, for instance for essential national defense or security reasons?  Please provide details.
The Public Procurement Act sets the exceptions from application of procurement rules as
follows:
§4. Exceptions
(1) A contracting authority is not required to appl y the procedure provided for in this Act to the
following:
1) public procurements in the case of which adherence to the procedure provided for in
this Act results in the disclosure of a state secret;
2) contracting for water, electricity, gas, thermal energy, cable distribution and
telecommunications services, if such services can be provided by only one person;
3) purchasing of weapons, ammunition, battle equipment and training equipment related
thereto, and contracting for the related services;
4) contracting for arbitration or conciliation services;
5) contracting for financial services relating to the issue, sale, purchasing or assignment
of securities or other financial instruments, or contracting for services provided by the
Bank of Estonia;  similarly, the Bank of Estonia is not required to apply the procedureprovided for in this Act upon purchasing of goods or contracting for services the
purpose of which is to ensure the security of the Bank or compliance with the
confidentiality requirements established with regard to information not subject to
disclosure;
6) contracting for scientific research unless the results of the research are used by the
contracting authority in its own interests and for the purposes of its activities;
7) purchasing of immoveables, existing structures or parts thereof as movables, or of
rights relating thereto;
8) contracting for services by broadcasting organizations for the acquisition,
development, production or co-production of a programme or a part thereof, and
contracting for broadcasting time;
9) entry into an employment contract;
10) services which a contracting authority specified in clause 5 (1) 6) of this Act contracts
from an affiliated undertaking;
11) purchasing of goods or contracting for construction work or services, if the
procurement contract is entered into by the construction work concessionaire and theaffiliated undertaking whom the concessionaire has entered in the list annexed to the
tender submitted in order to obtain the construction work concession;GPA/W/127/Rev.1
Page 7
12) purchasing of museum objects, records, data media or licences for the use of data
media, the estimated value of which is lo wer than the international value threshold
provided for in §16 of this Act, if the purchaser is a museum, archives or library;
13) contracting for the performance of special audits for the purposes of exercising state
supervision, if the right of the state supervision authority to order such special audits
has been provided by law;
14) public procurements in the case of which the procurement contract is entered into
according to a mandatory special procedure of an international organization;
15) contracting for telecommunications services provided by a person engaged in creation
or operation of public telecommunications networks specified in clause 5 (1) 6) of
this Act, if other persons are free to provide the same services in the same
geographical area and under similar conditions;
16) purchasing of goods if the contracting authority specified in clause 5 (1) 6) of this Act
purchases the goods in order to sell or lease them to third persons and the contracting
authority enjoys no special or exclusive right for selling or leasing the goods and
other persons have the right to sell or lease such goods under the same conditions as
the contracting authority;
17) purchasing, by an energy undertaking, of electricity or fuel necessary for the
production of electricity.
10. Please provide available statistics on the procurement by government entities in your country
in the last two years, including, to the extent av ailable, a breakdown by entity and by categories of
products and services.
Available statistics on government procurement for 1998-2000 is attached as an annex to this
document.
III. NATIONAL TREATMENT AND NON-DISCRIMINATION
11. Identify the specific provisions in the legislation which reflect the national treatment and
non-discrimination commitments of Article III of the Agreement.
There are no specific provisions in the legislation, which directly reflect the national
treatment and non-discrimination commitments of Article III of the Agreement.  However, the Public
Procurement Act does not contain any provisions that limit the rights of the foreign tenderers incomparison to the domestic tenderers.
The above statement is corroborated by the principle provided for in §6 of the Public
Procurement Act.
§6. Equal treatment of persons
A contracting authority shall treat all persons participating in a public procurement tendering
procedure (hereinafter tenderers) equally.GPA/W/127/Rev.1
Page 8
12. Please provide details of any provisions in national legislation according domestic supplies
and suppliers treatment more favourable than that accorded to foreign supplies or suppliers or
according supplies or suppliers of any country more favourable treatment than those of any other
country.
There are no such provisions in the Public Procurement Act.
13. Please provide details of any provisions in national legislation allowing a locally established
supplier to be treated less favourably than another locally established supplier on the basis of its
degree of foreign affiliation or ownership or di scriminating against locally established suppliers on
the basis of the country of production of the good or services being supplied.
There are no such provisions in the Public Procurement Act.
14. Please specify to what extent, if at all, more favourable treatment is granted to any sectors of
the economy, regions or specific categories of suppliers or supplies.
There are no provisions granting more favourable treatment to any sectors of economy,
regions or specific categories of suppliers or supplies.
15. Please specify any provisions requiring or allowing the use of offsets or measures with
similar effect, such as domestic content, licensing of technology, investment, counter-trade or similar
requirements in the qualification or selection of suppliers, products or services or in the evaluation of
tenders and award of contracts.
There are no provisions requiring or allowing the use of offsets or measures with similar
effect.
IV. ELEMENTS SPECIFIC TO PROCUREMENT PROCEDURES
16. Please provide a general description of your existing procurement methods and procedures,
including the main procurement methods used and a brief description of each method, and the extent
to which qualification of suppliers and open, selective and limited tendering for each level of
government is used.
The procurement methods and procedures set by the Public Procurement Act are the
following:
§54. Open tendering procedure
(1) Contracting authorities shall use open tendering procedures.  The use of other tendering
procedures is permitted only in the cases provided for in this Act.
(2) A contracting authority shall invite all intere sted persons to participate in an open tendering
procedure by publishing an invitation to tender.
(3) In determining the due date for submission of tenders, the contracting authority shall take into
account the value and complexity of the public procurement, the volume of tender documents and thetenderer's need to contact the contracting authority in order to access the supporting documents or the
construction site.GPA/W/127/Rev.1
Page 9
(4) A contracting authority shall issue tender docum ents to persons interested in participating in
an open tendering procedure during the period between publication of the invitation to tender and the
first due date for submission of tenders, within three working days after receipt of the corresponding
application.
§55. Restricted tendering procedure
(1) A contracting authority may use a restricted tendering procedure if:
1) the contracting authority has approved objective selection criteria for the tenderers;
and
2) it is economically expedient to verify the qualifications of applicants before
submission of the tender documents.
(2) In a restricted tendering procedure, the contracting authority shall, on the basis of the
financial status and technical capacity of the applicants, select the persons to whom tender documentsshall be submitted concurrently.
(3) A contracting authority may predetermine the number of tenderers participating in a restricted
tendering procedure on the condition that:
1) in the case of procurement contracts the value of which equals or exceeds an
international value threshold, the minimum number of tenderers is not less than five
and the maximum not more than 20;
2) the number of tenderers is determined on the basis of the nature of the goods to be
purchased or construction work or services to be contracted for;
3) the number of tenderers participating in the tendering procedure is determined in the
invitation to tender;
4) in the case of procurement contracts the value of which is lower than an international
value threshold, the minimum number of tenderers is not less than three.
(4) In determining the due date for submission of tenders, the contracting authority shall take into
account the value and complexity of the public procurement, the volume of tender documents and the
tenderers' need to access the supporting documents or the construction site.
§56. Negotiated tendering procedure with prior publication of tender notice
(1) A contracting authority may use a negotiated tendering procedure with prior publication of a
tender notice if:
1) all tenders were rejected in an open tendering procedure or restricted tendering
procedure on the grounds provided for in subsection 43 (4) or 44 (1) of this Act or if
such tendering procedure was terminated pursuant to clause 8 (2) 4) or 5) of this Act
and the initial terms and conditions of the public procurement were not substantially
altered;
2) due to the nature of the construction work or services or the possible risks involved in
contracting for construction work or services, it is not possible to estimate the value
of the public procurement in advance;GPA/W/127/Rev.1
Page 10
3) due to the nature of the services to be contracted, especially services concerning
intellectual property and insurance or banking and investment services, it is not
possible to determine the specific terms and conditions of the public procurement
with sufficient accuracy in order to find a successful tender in an open tendering
procedure or restricted tendering procedure;
4) the construction work or services contracted for are necessary only for the purposes
of scientific research, development or testing and the expenses of the research and
development work are not covered from the costs of the construction work or
services;
5) the object of the public procurement is a construction work concession.
(2) In a negotiated tendering procedure with prior publication of a tender notice, the contracting
authority shall, on the basis of the financial status and technical capacity of the applicants, select the
persons to whom tender documents shall be submitted concurrently.
(3) A contracting authority may predetermine the number of tenderers participating in a
negotiated tendering procedure with prior publication of a tender notice on the condition that:
1) in the case of procurement contracts the value of which equals or exceeds an
international value threshold, the minimum number of tenderers is not less than three;
2) the number of tenderers participating in the tendering procedure is sufficient for
ensuring competition.
§57. Negotiated tendering procedure without prior publication of a tender notice
(1) Contracting authorities may use a negotiated tendering procedure without prior publication of
a tender notice if:
1) rapid completion of the public procurement is necessary due to unforeseeable events
in order to save the life or health of a person or property of substantial value or
prevent damaging human life or health or property of substantial value or spread ofenvironmental damage, or it is necessary due to national defence reasons, and the use
of other tendering procedures is not possible due to time constraints;
2) additional goods are purchased from the initial tenderer in order to either partially
replace or supplement the goods purchased previously and a change of tendererwould entail the purchasing of goods which are technically incompatible with the
goods purchased previously or the use of which would cause disproportionate
additional costs, whereas such additional goods may be purchased during three years
after the end of the initial open tendering procedure or restricted tendering procedure;
3) the construction work or services to be additionally contracted for were not included
in the initial public procurement but have, due to unforeseen circumstances, become
necessary, on the condition that the additional procurement contract is entered into
with the same tenderer and due to technical or financial reasons such additional
construction work or services cannot be separated from the initial procurementwithout causing disproportionate costs to the parties to the procurement contract and
the additional construction work or services are directly necessary for performing the
procurement contract and the total value of the contracts for additional construction
work or services equals or exceeds an international value threshold and does not
exceed 50 per cent of the total value of the initial public procurement;GPA/W/127/Rev.1
Page 11
4) the construction work or services to be additionally contracted for were not included
in the initial public procurement but have, due to unforeseen circumstances, become
necessary, on the condition that the additional procurement contract is entered into
with the same tenderer and due to technical or financial reasons such additionalconstruction work or services cannot be separated from the initial procurement
without causing disproportionate costs to the parties to the procurement contract and
the additional construction work or services are directly necessary for performing the
procurement contract and the total value of the contracts for additional construction
work or services is lower than an international value threshold and does not exceed
20 per cent of the total value of the initial public procurement;
5) in the absence of a suitable alternative or substitute, goods can be purchased or
services or construction work contracted for only from one particular tenderer due to
artistic reasons or reasons connected with the protection of exclusive rights like
patents or copyrights or, in the absence of competition, due to technical reasons;
6) new construction work is contracted for which repeats similar construction work
performed on the basis of a procurement contract entered into by the same contracting
parties as a result of an open tendering procedure conducted earlier, on the condition
that such construction work complies with the initial building design on the basis of
which the procurement contract was entered into and the total value of theconstruction work is equal to or exceeds an international value threshold;
7) new construction work is contracted for which repeats similar construction work
performed on the basis of a procurement contract entered into by the same contracting
parties as a result of an open tendering procedure conducted earlier, on the conditionthat such construction work complies with the initial building design on the basis of
which te procurement contract was entered into and the total value of the construction
work is lower than an international value threshold and not more than one year has
passed from the expiry of the initial procurement contract;
8) goods are purchased under especially favourable conditions if such conditions are
available only for a very limited period of time, e.g. in the case of a liquidation orbankruptcy proceeding, and such conditions allow for purchasing the goods for a
price which is at least 50 per cent lower than the usual market price;
9) goods are purchased on the commodity exchange;
10) the procurement contract is entered into with the winner of a design contest
conducted pursuant to the provisions concerning open tendering procedure or
restricted tendering procedure provided for in this Act;
11) no tenders in compliance with the requirements were submitted in an opening
tendering procedure, restricted tendering procedure or negotiated tendering procedure
with prior publication of a tender notice and on the condition that the initial tendering
conditions have not been substantially altered;
12) goods are purchased or services contracted for only for conducting investigations or
experiments or for scientific or development purposes and not in order to receive
benefits therefrom, or for covering the corresponding expenses, on the condition that
such purchasing of goods or contracting for services does not prejudice competition
in the conclusion of subsequent contracts for similar purposes;GPA/W/127/Rev.1
Page 12
13) the estimated value of the public procurement together with the value-added tax is up
to EEK 200,000 per year in the case of purchasing of goods or contracting for
services or up to one million kroons per year in the case of contracting for
construction work.
(2) In a negotiated tendering procedure without prior publication of a tender notice, the
contracting authority may negotiate with as many tenderers as the contracting authority considers
necessary.
(3) In the case of a negotiated tendering procedure without prior publication of a tender notice,
the contracting authority shall select the pers ons to whom tender documents shall be submitted
concurrently.
(4) In the case of a negotiated tendering procedure without prior publication of a tender notice,
contracting authorities are not required to comply  with the requirements provided for in §§18, 19, 25
and 38, subsections 39 (2)-(5), §§40 and 42, subsections 43 (2)-(5) and §§44-46, 48-50, 52 and 53 of
this Act.
(5) In a negotiated tendering procedure without prior publication of a tender notice, the
contracting authority shall send a notice concerning the negotiated tendering procedure without prior
publication of a tender notice to the register before the commencement of the negotiations and the
notice shall set out 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 name and characteristics of the object of the public procurement and the code or
codes of the standard classification of objects of public procurements corresponding
to the object of public procurement as precisely as possible;
3) the name, position and details of the person responsible for the public procurement;4) the estimated value of the public procurement;
5) the due date for the performance of the procurement contract;
6) the names, addresses and other details of the tenderers selected by the contracting
authority, and the registry codes of the tenderers if they have a registry code;
7) the grounds for the selection of the tendering procedure on the basis of subsection (1)
of this section.
(6) The formal requirements for notices concerning negotiated tendering procedures without prior
publication of a tender notice and the procedure for submission thereof shall be established by theMinister of Economic Affairs.
§58. Special rules
(1) Contracting authorities specified in clause 5 (1 ) 6) of this Act may use a negotiated tendering
procedure with prior publication of a tender notice instead of an open tendering procedure or
restricted tendering procedure.GPA/W/127/Rev.1
Page 13
(2) In addition to the cases provided for in §57 of this Act, a contracting authority specified in
clause 5 (1) 6) of this Act may use a negotiated tendering procedure without prior publication of a
tender notice if the contracting authority:
1) selects the tenderers from among tenderers qualified pursuant to the qualification
system provided for in §37 of this Act;  and
2) has published an invitation to tender in an open tendering procedure, restricted
tendering procedure or negotiated tendering procedure with prior publication of a
tender notice but there are no tenderers or applicants or no qualified tenderers or
applicants, and the initial tendering conditions have not been substantially altered.
The Public Procurement Act also includes provisions for design contest and electronic
procurement (Sections 59 and 60).
17. Identify the provision in your country's legislation requiring non-discrimination as regards
the qualification of suppliers in terms of Article VIII and selection of suppliers in terms of Article X.Indicate any exception to this requirement.  What are the provisions ensuring non-discriminatory
access of new suppliers to existing qualification lists?
The Public Procurement Act sets the non-discriminatory qualification and selection
procedures through the following provisions:
§30. Qualification of tenderers or applicants
(1) Contracting authorities are required to verify the qualifications of tenderers and 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.
(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.
(6) The qualifications of tenderers who submit a joint tender shall be verified separately,
whereas:
1) the indicators resulting from adding the corresponding indicators of the tenderers
shall comply with the requirements set out in the tender documents;
2) in the case of a joint tender submitted upon contracting for construction work with the
estimated value of more than three million kroons, the corresponding indicators of
one tenderer shall, in addition to the provisions of clause 1) of this subsection,GPA/W/127/Rev.1
Page 14
comply with at least 40 per cent of the requirements specified in the tender
documents.
§31. Verification of qualifications of tenderers
(1) Upon verification of the qualifications of a tenderer, the contracting authority shall verify
whether:
1) the financial status and technical competence of the tenderer comply with the
specified requirements;
2) the tenderer is solvent, the tenderer's assets are not sequestered, and no liquidation
proceeding has been initiated and no bankruptcy order has been issued with respect to
the tenderer;
3) the tenderer has performed all the obligations thereof with respect to state and local
taxes, has submitted information to the contracting authority concerning the amountof social tax paid by the tenderer on the remuneration paid to the employees thereof
during the last three calendar years or concerning the amount of social security charge
applicable in the home country of the tenderer and has granted written consent to
submission of a corresponding inquiry to  the Tax Board or other competent
institution;
4) the tenderer has, during the last three years, performed all public procurement
contracts as required.
(2) A contracting authority may require a tenderer to submit only the information necessary for
verifying the qualifications of the tenderer, and shall take into consideration the legitimate interests of
the tenderer relating to the protection of the business secrets thereof.
§32. Entry of tenderer in commercial or professional register
(1) A contracting authority may require a tenderer to prove that the tenderer is entered in a
commercial or professional register according to the laws of the home country of the tenderer, or tosubmit confirmation that the tenderer has taken a corresponding oath of office.
(2) If a tenderer is required to hold an activity licence or be a member of a corresponding
organization in order to perform a public procurement in the home country of the tenderer or in
Estonia, the contracting authority may require the tenderer to submit proof concerning such activitylicence or membership.
§33. Financial status of tenderer
(1) In order to verify whether the financial status of a tenderer meets the requirements set by the
contracting authority, the contracting authority shall, taking into account the nature, amount and
purpose of the goods to be purchased or construction work or services to be contracted for, require
submission of one or several of the following documents:
1) the annual report or an extract from the annual report, if publication of the annual
report is required under the law of the home country of the tenderer;
2) an extract indicating the net turnover of the tenderer during the last three financial
years as concerns the object of the public procurement in question;GPA/W/127/Rev.1
Page 15
3) in the case of contracting for services, confirmation concerning the corresponding
professional liability insurance.
(2) If submission of the documents specified in subsection (1) of this section is not possible, the
contracting authority may require the tenderer to submit other data and documents necessary forassessing the financial status of the tenderer.
(3) If, for good reason, a tenderer is unable to submit the documents required by the contracting
authority, the tenderer may prove its financial status by any other documents accepted by the
contracting authority.
§34. Technical competence of tenderers
(1) In order to assess the technical competence of a tenderer, the contracting authority shall,
depending on the nature, amount and purpose of the goods to be purchased or construction work or
services to be contracted for, require submission of one or several of the documents listed in
subsections (2)–(4) of this section.
(2) In the case of purchasing of goods, the contracting authority may require a tenderer to submit:
1) a list of similar transactions for the purchase and sale of goods in which the tenderer
has participated during the last three years, together with the values, due dates andindication of contracting authorities;
2) a description of the technical capacity, measures for ensuring quality, and research
and scientific capacity of the tenderer, accompanied, if necessary, by proof;
3) information concerning the technical staff or technical units whom the tenderer
intends to use in the performance of the public procurement contract;
4) samples, descriptions or photographs of the goods being purchased, whereas the
authenticity thereof shall be proved if the contracting authority so requires;
5) documents to prove that the goods comply with specific regulations or standards.
(3) In the case of contracting for construction work, the contracting authority may require a
tenderer to submit:
1) proof of the professional qualifications of the tenderer's specialists and persons
responsible for performing the construction work;
2) a list of similar construction work, if any, performed during the last three years and
information concerning the value, time, site and the authorities contracting of the
construction work and confirmation that the construction work was performedproperly and according to good building practice;
3) a statement that the tenderer has the tools, equipment and machinery necessary to
perform the construction work;
4) a statement of the average number of employees of the tenderer during the last three
years;
5) information concerning the technical staff or technical units whom the tenderer
intends to use in the performance of the construction work;GPA/W/127/Rev.1
Page 16
6) a statement of the measures for ensuring quality, used by the tenderer;
7) data concerning the subcontractors which the tenderer intends to use in the
performance of the procurement contract.
(4) In the case of contracting for services, the contracting authority may require a tenderer to
submit:
1) proof of the professional qualifications of the tenderer's specialists and persons
responsible for providing the services;
2) a list of similar services, if any, provided during the last three years, and documents
indicating the value, time of provision and the authorities contracting for the services;
3) information concerning the technical staff or technical units whom the tenderer
intends to use in the provision of the services;
4) a statement of the average number of employees of the tenderer during the last three
years;
5) a statement that the tenderer has the tools, equipment and machinery necessary to
provide the services;
6) a description of the technical capacity, measures for ensuring quality, and research
and scientific capacity of the tenderer, accompanied, if necessary, by proof;
7) data concerning the subcontractors which the tenderer intends to use in the
performance of the procurement contract.
§35. Removal of tenderer from tender
(1) A contracting authority is required to exclude a tenderer from a tender at any time if it
becomes evident that the tenderer has submitted false information or falsified documents.
(2) A tenderer is disqualified if:
1) the tenderer is bankrupt or undergoing liquidation, the business activities thereof are
suspended or it is in any other similar situation pursuant to the law of the homecountry of the tenderer;
2) compulsory liquidation or other similar proceedings have been initiated with regard to
the tenderer pursuant to the law of the home country of the tenderer;
3) the tenderer has not performed the obligations thereof regarding payment of state or
local taxes;
4) a court judgment which has entered into force proves that the tenderer has, during the
last three years, failed to perform as required a procurement contract entered into withthe tenderer as a result of a tendering procedure;
5) the tenderer has failed to submit the data or documents required by the contracting
authority on the basis of this Act;GPA/W/127/Rev.1
Page 17
6) the tenderer does not meet the requirements prescribed by legislation for operating in
the corresponding field of activity or the financial status or technical competence of
the tenderer is not in compliance with the requirements set by the contracting
authority.
(3) In the cases listed in clauses (2) 1)–4) of this section, documents issued by a competent
authority are considered as acceptable proof.
(4) If the home country of a tenderer does not issue the relevant documents, they may be replaced
by a declaration made by the person concerned before a notary or other such competent official of the
home country of the tenderer.
§36. Registration of tenderers
(1) A tenderer whose seat is within a State Party to the European Economic Area Agreement,
may, in order to prove the qualifications of the tenderer according to the requirements provided for in
clauses 31 (1) 1) and 2) and §32 of this Act, provide the contracting authority with a registrationcertificate issued by a competent body of the home country of the tenderer concerning the entry of the
tenderer in the official list of tenderers.  A registration certificate shall contain references to the basis
for registration and the classification of the tenderer.
(2) A contracting authority may require all tenderers registered in an official list to submit
additional confirmation concerning payment of social tax in addition to the registration certificate
specified in subsection (1) of this section.
§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 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 authorityGPA/W/127/Rev.1
Page 18
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 were disqualified shall be informed of the corresponding decision and
grounds for disqualification.  The grounds for disqualification shall be based on the criteria forqualifying tenderers, 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 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 therefore 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.
(11) The formal requirements for the notice specified in subsection (10) of this section and the
procedure for submission thereof shall be established by the Minister of Economic Affairs.
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 what
extent do entities maintain permanent lists of suppliers?
There are no provisions regulating the use of permanent lists of suppliers or the selection of
suppliers on a contract-by-contract basis in the current Public Procurement Act.
19. What are the conditions and circumstances foreseen in your legislation allowing the use of
the limited tendering method under Article XV of the Agreement?  What measures exist in order to
ensure that this method is not used with a view  to avoiding maximum possible competition or in a
manner which would constitute a means of discriminating among foreign supplies/suppliers or in
favour of domestic supplies/suppliers?
The Public Procurement Act sets conditions of use and the procedure of restricted tendering
as follows:
§55. Restricted tendering procedure
(1) A contracting authority may use a restricted tendering procedure if:
1) the contracting authority has approved objective selection criteria for the tenderers;
andGPA/W/127/Rev.1
Page 19
2) it is economically expedient to verify the qualifications of applicants before
submission of the tender documents.
(2) In a restricted tendering procedure, the contracting authority shall, on the basis of the
financial status and technical capacity of the applicants, select the persons to whom tender documentsshall be submitted concurrently.
(3) A contracting authority may predetermine the number of tenderers participating in a restricted
tendering procedure on the condition that:
1) in the case of procurement contracts the value of which equals or exceeds an
international value threshold, the minimum number of tenderers is not less than fiveand the maximum not more than 20;
2) the number of tenderers is determined on the basis of the nature of the goods to be
purchased or construction work or services to be contracted for;
3) the number of tenderers participating in the tendering procedure is determined in the
invitation to tender;
4) in the case of procurement contracts the value of which is lower than an international
value threshold, the minimum number of tenderers is not less than three.
(4) In determining the due date for submission of tenders, the contracting authority shall take into
account the value and complexity of the public procurement, the volume of tender documents and the
tenderers' need to access the supporting documents or the construction site.
20. Article XIV of the Agreement allows for negotiation under certain conditions.  Are entities
allowed to proceed to negotiations?  If so, which categories and what are the conditions imposed?
The relevant provisions concerning negotiations are the following:
§51. Negotiations
(1) In negotiated tendering procedures with prior publication of a tender notice or negotiated
tendering procedures without prior publication of a tender notice, the contracting authority has the
right to decide whether and to which extent to negotiate with the tenderers.
(2) Negotiations are prohibited in open tendering procedures and restricted tendering procedures.(3) If negotiations are held, the contracting author ity shall notify tenderers of the procedure for
the negotiations before the commencement of the negotiations.
(4) Contracting authorities shall not forward info rmation received during negotiations to other
tenderers.
§9. Confidentiality
(1) Unless otherwise provided by this Act, a cont racting authority shall not disclose information
received from tenderers or from persons applying for participation in a tendering procedure
(hereinafter applicant) concerning their business activities, nor the content of the tenders or
negotiations, and tenderers and applicants shall not disclose information received from a contracting
authority concerning the business activities thereof, nor the content of the tenders or negotiations.GPA/W/127/Rev.1
Page 20
(2) Notices, decisions and other documents which are referred to in this Act shall be prepared in a
format ensuring full preservation of their content and shall be preserved by the contracting authority
pursuant to law.
21. Article XI sets out the minimum time-periods for tendering and delivery.  What are the rules
and practices regarding time-periods in your legisla tion?  Does the legislation reflect the various
minimum time-periods as set out in the Agreement?  If not, give information on any different
time-periods which have been established in your national legislation.
The Public Procurement Act provides for the rules and practices regarding time-periods as
follows:
§40. Term for submission of tenders and applications for participation in tendering procedure
(1) In open tendering procedures, the period of time between the publication of an invitation to
tender and the due date for submission of tenders shall be, in the case of procurement contracts the
value of which:
1) is lower than an international value threshold, not less than 14 days upon purchasing
of goods or contracting for services, and not less than 30 days upon contracting for
construction work;
2) equals or exceeds an international value threshold, generally not less than 52 days or
not less than 36 days, whereas due to time constraints or in simpler cases not less than
22 days, if the contracting authority has, in the prior notice, indicated all necessary
information concerning the open tendering procedure which is known at the time, on
the condition that the prior notice was published at least 52 days but not more than12 months before publication of the invitation to tender.
(2) In restricted tendering procedures, the period of time between the publication of the invitation
to tender and the due date for submission of applications for participation in the tendering procedure
shall be, in the case of procurement contracts the value of which:
1) is lower than an international value threshold, not less than 14 days;2) equals or exceeds an international value threshold, generally not less than 37 days or
not less than 15 days in cases where time constraints render compliance with the
requirement of 37 days impossible.
(3) In negotiated tendering procedures with prior publication of a tender notice, the period of time
between the publication of the invitation to tender and the due date for submission of applications for
participation in the tendering procedure shall be, in the case of procurement contracts the estimated
value of which:
1) is lower than an international value threshold, not less than 14 days;
2) equals or exceeds an international value threshold, generally not less than 37 days or
not less than 15 days in cases where time constraints render compliance with the
requirement of 37 days impossible, or not less than 52 days if the procurementcontract to be negotiated is a construction work concession contract.
(4) In restricted tendering procedures, the period of time between the issue of the tender
documents and the due date for submission of tenders shall be, in the case of procurement contracts
the estimated value of which:GPA/W/127/Rev.1
Page 21
1) is lower than an international value threshold, not less than 14 days upon purchasing
of goods or contracting for services, and not less than 30 days upon contracting for
construction work;
2) equals or exceeds an international value threshold, not less than 40 days, or not less
than 26 days if the contracting authority has, in the prior notice, indicated all
information necessary for the restricted tendering procedure which is known at the
time, on the condition that the prior notice was published at least 52 days but not
more than 12 months before the notice of the restricted tendering procedure, or not
less than 10 days in cases where time constraints render compliance with the
requirement of 40 or 26 days impossible, or not less than 24 days in the case ofcontracting authorities specified in clause 5 (1) 6) of this Act if the contracting
authority does not reach an agreement with the selected tenderers concerning a
shorter time-limit, on the condition that all tenderers are afforded the same amount of
time for the preparation and submission of tenders.
(5) In negotiated tendering procedures with prior publication of a tender notice, the period of time
between the issue of the tender documents and the due date for the submission of tenders shall be not
less than 14 days upon purchasing of goods or contracting for services, and not less than 30 days upon
contracting for construction work.
(6) A contracting authority may extend the time-limit for submission of tenders.  Upon extension
of the time-limit for submission of tenders in the cas e of an open tendering procedure, the contracting
authority shall amend the invitation to tender and the tender documents.  Upon extension of the
time-limit for submission of tenders in the case of a restricted tendering procedure or negotiated
tendering procedure with prior publication of a tender notice, the contracting authority shall amendthe tender documents.  Upon amendment of an in vitation to tender, the contracting authority shall
notify the register of extension of the time-limit.  Upon amendment of tender documents, the
contracting authority shall take into account the provisions of §25 of this Act.
(7) A contracting authority may extend the time-limit for submission of applications for
participation in a tendering procedure.  Upon extension of the time-limit for submission of
applications for participation in a restricted tendering procedure or negotiated tendering procedurewith prior publication of a tender notice, the contracting authority shall amend the invitation to tender.
Upon amendment of an invitation to tender, the co ntracting authority shall notify the register of
extension of the time-limit.
22. Briefly describe the procedures for the submission, receipt and opening of tenders and
awarding of contracts, in particular the procedures and conditions guaranteeing regularity of the
openings and consistency with the non-discrimination provisions of the Agreement.  How is the
information on the proceedings related to the receipt, opening and evaluation of tenders maintained
by entities?
The procedures set by the Public Procurement Act for submission, opening and acceptance of
tenders are the following:
§39. Submission, amendment and withdrawal of tenders
(1) A tender shall comply with the requirements set out in the tender documents and shall be in
no way misleading.
(2) A tender shall be submitted in writing and in a sealed envelope containing a separate sealed
and marked envelope with the value of the tender.GPA/W/127/Rev.1
Page 22
(3) The contracting authority shall provide a tenderer with a certificate concerning receipt of a
tender and the date and time of receipt of the tender shall be indicated in the certificate.
(4) Tenderers may submit a joint tender if such opportunity is prescribed in the tender documents.(5) A tenderer may amend a tender by submitting a new tender or withdraw a tender, whereas the
corresponding written notice shall be submitted to the contracting authority before the due date for
submission of tenders.
§42. Opening of tenders
(1) Tenders shall be opened at the place and time specified in the tender documents or, in the case
of extension of the tender validity period, at the time specified by the contracting authority.
(2) All tenderers have the right to participate in the opening of tenders personally or through their
authorized representatives.
(3) At the opening of tenders, the names and registry codes of the tenderers shall be made known
and the conformity of the submitted documents with the requirements set out in the tender documents
shall be verified.  Envelopes containing the values of the tenders shall not be opened and the
contracting authority shall ensure that the envelopes remain sealed until opening of the values oftenders.  A report on the opening of the tenders shall be prepared.
(4) A copy of a report on the opening of tenders shall be sent to the tenderers within three
working days after the date of opening the tenders.
(5) In the case of rejection of a tender pursuant to subsection 43 (4) or 44 (1) of this Act, the
envelope containing the value of the tender shall not be opened and shall be returned to the tenderer
on the date following the expiry of the tender validity period.
(6) The contracting authority shall notify tender ers of the place, date and time of opening the
values of the tenders at the opening of the tenders or together with the notice announcing the
declaration of conformity or rejection of the tenders.
§43. Declaration of conformity of tenders and rejection of tenders
(1) Contracting authorities shall verify the comp liance of submitted tenders with the requirements
set out in the tender documents.
(2) A tender shall be declared to be in conformity  if it complies with all the requirements set out
in the tender documents.
(3) A tender may be declared to be in conformity  if it contains no substantive deviations from the
conditions set out in the tender documents.
(4) A contracting authority shall reject a tender if:
1) the tenderer is not qualified pursuant to the provisions of this Act;2) the tender does not comply with the requirements set out in the tender documents.GPA/W/127/Rev.1
Page 23
(5) A notice concerning declaration of tenders as being in conformity or rejection of tenders, and
the reasons therefor shall be sent to the tenderer in  writing within three working days after the making
of the corresponding decision.
§44. Rejection of all tenders
(1) A contracting authority may reject all tenders before entry into a procurement contract if the
tender documents prescribe such possibility and the grounds therefor.
(2) A contracting authority shall immediately send a notice concerning rejection of all tenders to
all tenderers to whom tender documents were issued.
(3) At the request of a tenderer, the contracting authority shall notify the tenderer of the grounds
for rejection of all tenders.
(4) Upon rejection of all tenders, the contracting authority shall refund the fee charged from
tenderers for the tender documents.
§45. Comparison and evaluation of tenders
(1) A contracting authority shall compare and evaluate all tenders which have not been rejected.
In the comparison and evaluation of tenders, only the criteria set out in the tender documents shall beconsidered.
(2) The successful tender is a tender which, in terms of the evaluation criteria set out in the tender
documents, is the most advantageous among the tenders declared suitable, whereas the success of the
tender shall be objectively justifiable.
(3) The economically most advantageous tender shall be determined on the basis of the value
points or other evaluation results ascribed according to the evaluation criteria to tenders declared to be
in conformity.  Value points or other evaluation results shall be ascribed according to the evaluation
criteria as follows:
1) before opening the values of the tenders, the tenders shall be ranked according to the
evaluation criteria, except for the value, set out in the tender documents or on the
basis of the value points or other evaluation results ascribed to the tenders;
2) immediately after opening the values of the tenders, the value points or other
evaluation results ascribed according to the value of a tender shall be added to thevalue points or other evaluation results ascribed to the tender according to clause 1)
of this subsection.
(4) All tenderers have the right to attend, either personally or through an authorized
representative, the opening of the values of the tenders and performance of the act specified inclause(3) 2) of this section.
(5) Upon opening the values of tenders, the intactness of the seals of the envelopes with the
values of the tenders shall be verified and thereafter the names and registry codes of the tenderers and
the values of the tenders submitted by the tenderers shall be announced.  A corresponding report onthe opening of the values of the tenders shall be prepared.
(6) A report on the opening of the values of tenders shall be sent to the tenderers within three
working days after the opening of the values of the tenders.GPA/W/127/Rev.1
Page 24
(7) A contracting authority which has divided a public procurement into parts shall evaluate
tenders according to the parts and as a whole if at least one of the tenders declared suitable concerns
the entire object of the public procurement.  The contracting authority shall declare successful the
most advantageous tender for each part as the successful tender if declaring one tender as successful
for all of the parts is not in compliance with the co nditions specified in subsection (1) of this section.
(8) Persons who are or have been in a relationship with a tenderer which may give rise to justified
doubts as to the persons' objectivity shall not participate in evaluation of tenders.
§46. Acceptance of tenders
(1) A successful tender is deemed to be accepted after 14 days as of declaration of the tender as
successful.
(2) A written notice concerning declaration of a tender as successful shall be sent to all tenderers
within three working days after th e corresponding decision is made.  The notice sent to the tenderers
shall set out the name of the tenderer who submitted the successful tender and an explanationconcerning the advantages of the successful tender over the other tenders.
23. Please identify the provisions in your legislation setting the parameters for the prescription of
technical specifications by entities as part of the evaluation criteria.
§26. Technical specification
(1) A technical specification is a list of characteristics or a description of the process affecting the
characteristics of goods purchased or construction work or services contracted for by way of public
procurement.  In the case of contracting for cons truction work, the technical specification consists in
building design documentation containing corresponding drawings, explanations, qualification
requirements and other necessary documents to the extent permitting contracting for construction
work.
(2) A technical specification shall not create advantages to certain tenderers over their
competitors and give rise to barriers to international trade.
(3) In the preparation of a technical specificatio n, the contracting authority shall not use the
advice of persons who may have business interests with regard to the public procurement.
§27. Preparation of technical specification
(1) A technical specification may be prepared on the basis of a technical regulation or standard.(2) Goods of a specific make or obtainable from a specific source or through a specific process,
which would favour or eliminate the participation of certain tenderers may be listed in a technical
specification only if such specification is unavoidable due to the special character of the object of thepublic procurement.
(3) Information concerning specific origins or methods of production, types, trademarks or
patents shall be listed or referred to in a techni cal specification only if such list or reference is
accompanied by the words "or equivalent" or if the characteristics of the object of the publicprocurement are otherwise not sufficiently precise and intelligible to all parties.GPA/W/127/Rev.1
Page 25
§28. Standards
(1) A technical specification may refer to international standards if these have not been
introduced as Estonian standards.
(2) Contracting authorities may derogate from the requirements provided for in subsection 27 (1)
of this Act and subsection (1) of this section if:
1) the object of the public procurement does not conform to the specified standards;2) the use of such standards would oblige the contracting authority to purchase goods
which are not compatible with the goods already in use or would entaildisproportionate additional costs or technical difficulties;
3) such standards are not suitable for the application in question and do not take into
consideration the technical innovations which have occurred after the introduction of
the standards;
4) the object of the public procurement is of a genuinely innovative nature and therefore
the application of existing standards is not possible;
5) the technical regulations or standards contradict each other.
(3) On the basis of a corresponding request, a contracting authority shall provide tenderers with
the opportunity to access the technical regulations  or standards which referred to in the tender
documents or which the contracting authority intends to use for the public procurement referred to in
the prior notice.  If a technical specification is based on documents accessible by the tenderers, areference to such documents is sufficient.
24. Identify the measures in national legislati on ensuring that awards are made in accordance
with the evaluation criteria and essential requirements specified in the tender documentation.
The relevant provisions in the Public Procurement Act concerning evaluation are the
following:
§24. Invitation-to-tender documents
(1) Invitation-to-tender documents shall contain at least the following information:
/…/
3) the evaluation criteria which will be used for selecting successful tenders and which
may be either the lowest price only or the economically most advantageous tender
which, depending on the specific object of the public procurement, may bedetermined on the basis of different criteria allowing for objective evaluation, and of
their relative proportion in per cents or value points;
§45. Comparison and evaluation of tenders
(1) A contracting authority shall compare and evaluate all tenders which have not been rejected.
In the comparison and evaluation of tenders, only the criteria set out in the tender documents shall be
considered.GPA/W/127/Rev.1
Page 26
(2) The successful tender is a tender which, in terms of the evaluation criteria set out in the tender
documents, is the most advantageous among the tenders declared suitable, whereas the success of the
tender shall be objectively justifiable.
(3) The economically most advantageous tender shall be determined on the basis of the value
points or other evaluation results ascribed according to the evaluation criteria to tenders declared to be
in conformity.  Value points or other evaluation results shall be ascribed according to the evaluation
criteria as follows:
1) before opening the values of the tenders, the tenders shall be ranked according to the
evaluation criteria, except for the value, set out in the tender documents or on the
basis of the value points or other evaluation results ascribed to the tenders;
2) immediately after opening the values of the tenders, the value points or other
evaluation results ascribed according to the value of a tender shall be added to the
value points or other evaluation results ascribed to the tender according to clause 1)
of this subsection.
(4) All tenderers have the right to attend, either personally or through an authorized
representative, the opening of the values of the tenders and performance of the act specified in
clause (3) 2) of this section.
(5) Upon opening the values of tenders, the intactness of the seals of the envelopes with the
values of the tenders shall be verified and thereafter the names and registry codes of the tenderers and
the values of the tenders submitted by the tenderers shall be announced.  A corresponding report on
the opening of the values of the tenders shall be prepared.
(6) A report on the opening of the values of tenders shall be sent to the tenderers within three
working days after the opening of the values of the tenders.
(7) A contracting authority which has divided a public procurement into parts shall evaluate
tenders according to the parts and as a whole if at least one of the tenders declared suitable concerns
the entire object of the public procurement.  The contracting authority shall declare the most
advantageous tender for each part as the successful tender if declaring one tender as successful for allof the parts is not in compliance with the conditions specified in subsection (1) of this section.
(8) Persons who are or have been in a relationship with a tenderer which may give rise to justified
doubts as to the persons' objectivity shall not participate in the evaluation of tenders.
V. INFORMATION
25. Article XIX:1 of the Agreement foresees the publication of laws, regulations, judicial
decisions, administrative rulings of general application and procedures regarding government
procurement.  Please give the name of the public ation(s) and indicate the means used for this
purpose.  Please also provide, where available, the address of an Internet website where thelegislation referred to in questions 1 and 2 can be found.
The official bulletin containing the publication of all legislation of the Republic of Estonia is
the Riigi Teataja  (State Gazette), according to the Riigi Teataja Act.GPA/W/127/Rev.1
Page 27
§1. Scope of application of Act
This Act provides the procedure for publication in the Riigi Teataja  of legislation and
international agreements of the Republic of Estoni a, reasoned decisions of the Supreme Court of the
Republic of Estonia, notices and other documents, and for access thereto.
The legislation referred to in questions 1 and 2 can be found on the website of Estonian Legal
Translation Centre, available at:  www.legaltext.ee.
26. Article IX:1 of the Agreement foresees the publication of invitations to participate for all
cases of intended procurement by entities.  Please give the name of the relevant publication(s) and
indicate the media to be used for this purpose.  Please also provide, where available, the address ofan Internet website where such invitations are published.
The official source of information on government procurement is the electronic procurement
register.  The Public Procurement Office is the chief and authorized processor of the public register,
available at www.rha.gov.ee.
27. Please specify the types of information that your legislation requires to be included in notices
of invitation to tender or in tender documentation, and identify the relevant provisions in your
legislation.
The Public Procurement Act sets the information requirements for notices of invitations to
tender and tender documentation as follows:
§18. Prior notices
(1) If the estimated value of a public procurement in the case of purchasing of goods or
contracting for services is 750,000 euros or more or, in the case of contracting for construction work,
five million euros or more, and the contracting authority intends to organize the public procurement
during the forthcoming 12 months, the contractin g authority shall communicate the following by
means of a prior notice submitted at the beginning of the financial year:
1) in the case of purchasing of goods, the estimated value of the public procurement,
broken down by the types of the goods;
2) in the case of contracting for services, the estimated value of the public procurement,
broken down by the types of the services;
3) in the case of contracting for construction work, the estimated value and essential
characteristics of the public procurement.
(2) A contracting authority shall submit a prior notice to the register in Estonian and shall add a
translation of the notice into English.
(3) A prior notice shall contain the information provided for in clauses (1) 1), 2) or 3) of this
section and 19 (1) 1), 2) and 3) of this Act.
(4) The formal requirements for prior notices and the procedure for submission of prior notices
shall be established by the Minister of Economic Affairs.GPA/W/127/Rev.1
Page 28
§19. Notice of invitation to tender
(1) In the case of a public procurement by open tendering procedure, restricted tendering
procedure or negotiated tendering procedure with prior publication of a tender notice, the contracting
authority shall submit an invitation to tender to the register for publication 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 name and characteristics of the object of the public procurement and the code or
codes of the standard classification of objects of public procurements correspondingto the object of public procurement as precisely as possible;
3) the type of the tendering procedure;4) the name, official title and details of the person responsible for the public
procurement;
5) the due date for the performance of the public procurement;6) in the case of an open tendering procedure, the place and conditions of issuing the
tender documents;
7) in the case of an open tendering procedure, the minimum qualification requirements
for the economic and technical conditions of the tenderers;
8) whether a tender security is required and the amount thereof;
9) the amount to be paid for the tender documents;10) in the case of an open tendering procedure, the place, due date and time for the
submission of tenders;
11) in the case of a restricted tendering procedure or a negotiated tendering procedure
with prior publication of a tender notice, the place, due date and time for submission
of written applications for participation in the tendering procedure;
12) in the case of a restricted tendering procedure or a negotiated tendering procedure
with prior publication of a tender notice, the qualification requirements for the
applicants and a notation indicating the information and documents to be annexed to a
written application for participation in the tendering procedure for the purposes of
evaluation of the qualifications of the tenderers;
13) in the case of a restricted tendering procedure, objective selection criteria for the
tenderers.
(2) Invitations to tender shall be published in Estonian.
(3) In the case of a public procurement the value of which equals or exceeds an international
value threshold, the contracting authority shall s ubmit a translation of the invitation to tender into
English, in other cases a summary of the invitation in English may be annexed.  A summary of an
invitation to tender in English shall contain at leas t the information provided for in clauses (1) 1), 2)
and 6) and 10) or 11) and 12) of this section.GPA/W/127/Rev.1
Page 29
(4) In the case of an open tendering procedure, restricted tendering procedure or negotiated
tendering procedure with prior publication of a tender notice, the contracting authority shall not make
the invitation to tender public before the invitation has been entered in the register.  If an invitation to
tender is amended, the name of the object and characteristics of the public procurement and, in thecase of an open tendering procedure, the minimum qualification requirements for the economic and
technical conditions of the tenderers, and the requirement for a tender security and the amount thereof
shall not be changed.
(5) If a code of the standard classification of objects of public procurements is allocated to an
object of public procurement, such allocation shall be effected pursuant to the subdivision of the
standard classification of objects of public procurements which corresponds to the object of publicprocurement as precisely as possible.
(6) The standard classification of objects of public procurements shall be approved by the
Minister of Economic Affairs.
(7) The formal requirements for invitations to  tender and the procedure for submission thereof
shall be established by the Minister of Economic Affairs.
§24. Tender documents
(1) Tender documents shall contain at least the following information:
1) the due date for the performance of the procurement contract;2) the technical specification;3) the evaluation criteria which will be used for selecting successful tenders and which
may be either the lowest price only or the economically most advantageous tender
which, depending on the specific object of the public procurement, may be
determined on the basis of different criteria allowing for objective evaluation, and of
their relative proportion in per cents or value points;
4) the terms and conditions of the procurement contract to the extent that the contracting
authority is able to submit at the moment;
5) the conditions of payment;
6) the amount of tender security if the contracting authority demands submission of
tender security;
7) the language or languages in which the tender is to be submitted;
8) the currency unit or units in which the value of the tenders is to be submitted;
9) the address to which the tenders are to be sent or delivered;10) instructions for the marking of the envelope in which the tenders are to be submitted;11) the due date and time for the submission of tenders;12) the address from which additional information concerning the public procurement
and the content of the tender documents can be obtained, and other details;GPA/W/127/Rev.1
Page 30
13) the tender validity period;
14) the place, date and time of opening the tenders;
15) in the case of open tendering, the qualification requirements for tenderers and a
notation indicating the information and documents to be annexed to the tender for the
purposes of evaluating the qualifications of the tenderers;
16) if the contracting authority prescribes the possibility of rejecting all tenders, a notice
concerning the conditions under which the contracting authority reserves the right to
do so;
17) the possibility of and the procedure for submitting a joint tender if the contracting
authority prescribes such possibility;
18) the structure of the tender.
(2) In tender documents, the contracting authority ma y require the tenderers to indicate in their
tenders the share of the contract which they intend to perform themselves and the share of the contract
which they intend to subcontract to third parties, whereas subcontracts shall not reduce the liability of
the tenderer.
(3) A contracting authority may charge a fee for tender documents if the amount of the fee has
been indicated in the invitation to tender.  The am ount of the fee shall not exceed the cost for the
photocopying and delivery of the tender documents.
(4) If an invitation to tender prescribes a fee fo r the tender documents, the contracting authority
shall issue the tender documents after payment of the fee indicated in the invitation.
(5) A contracting authority shall enable persons interested in participation in a tendering
procedure to access tender documents at the contracting authority without charge.
(6) In the case of a negotiated tendering procedure with prior publication of a tender notice or
negotiated tendering procedure without prior publication of a tender notice, the contracting authority
shall submit the information specified in subsection (1 ) of this section in the tender documents to the
extent it considers necessary.
§25. Amendments to tender documents
A contracting authority may make amendments to tender documents on the condition that
such amendments be sent during one and the same day of the first half of the term for submission of
tenders to all tenderers who received the tender documents.  If a protest or appeal is filed, the
contracting authority may extend the term for submission of tenders.
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 means
used for this purpose.  Please also provide, where available, the address of an Internet website where
such invitations are published.
There are no provisions in the Public Procurement Act on the lists of qualified suppliers since
the Public Procurement Act does not foresee maintainin g of any such lists by the entities subject to the
government procurement procedures.GPA/W/127/Rev.1
Page 31
29. Article XVIII:1 of the Agreement foresees the publication of details of contract award notices
by entities.  Please give the name of the relevant publication(s) and indicate the means to be used for
this purpose.  Please also provide, where available, the address of an Internet website where such
notices are published.
The official source of information on government procurement is the electronic procurement
register.  The Public Procurement Office is the chief and authorized processor of the public register,
available at www.rha.gov.ee.
30. Please specify the types of information that not ices of contract awards should contain in your
country and identify the relevant provisions in your legislation.
The Public Procurement Act sets the informatio n requirements for notices of contract awards
as follows:
§20. Declarations
(1) Within 10 days after the end of a tendering procedure, the contracting authority shall submit a
public procurement declaration (hereinafter declaration) to the register.
(2) Within 10 days after deciding the winner of a design contest, the contracting authority shall
submit a corresponding declaration to the register.
(3) Declarations submitted by contracting authorities specified in clause 5 (1) 6) of this Act shall
not contain information the disclosure of which may be contrary to the public interest or damage the
lawful business interests of other persons or free competition.
(4) A declaration shall set out:
1) the name, address and other details of the contracting authority, and the registry code
thereof if it has a registry code;
2) the name and characteristics of the object of the public procurement and the code or
codes of the standard classification of objects of public procurements correspondingto the object of public procurement as precisely as possible;
3) the type of the tendering procedure;4) the name, official title and details of the person responsible for the public
procurement;
5) the names, addresses and other details of the tenderers who submitted tenders, and the
registry codes thereof if they have a registry code;
6) the names, addresses and other details of the qualified tenderers, and the registry
codes thereof if they have a registry code;
7) the due date for entry into the procurement contract, the value of the procurement
contract and other essential conditions;
8) the values of all tenders declared to be in conformity or, in the case several evaluation
criteria are applied, the values of all tenders declared to be in conformity and the
value points attained according to the evaluation criteria or other evaluation resultsGPA/W/127/Rev.1
Page 32
and the names and registry codes (if they exist) of the tenderers who submitted the
corresponding tenders;
9) information concerning appeals filed with a court in the course of the tendering
procedure;
10) in the case of cancellation of the tendering procedure or rejection of all tenders, the
reasons why and the basis on which this was done;
11) if open tendering is not used, the grounds for the selection of the tendering procedure.
(5) A declaration of a design contest shall set out:
1) the name, address and other details of the contracting authority, and the registry code
thereof if it has a registry code;
2) the subject and characteristics of the design contest;3) the names and addresses of the participants in the design contest;4) the name and address of the person who submitted the award-winning project;
5) information concerning the qualifications required of the participants in the design
contest or confirming the lack thereof;
6) the total value of the design contest awards and other amounts payable to the
participants in the contest;
7) a summary of the evaluation and comparison of the projects.
(6) The formal requirements for declarations and the procedure for submission thereof shall be
established by the Minister of Economic Affairs.
§21. Public procurement report
(1) Within 10 days after the date of expiry of a procurement contract, the contracting authority
shall prepare a written public procurement report which shall set out:
1) the name, address and other details of the contracting authority, and the registry code
thereof if it has a registry code;
2) the name and characteristics of the object of the public procurement and the code or
codes of the standard classification of objects of public procurements corresponding
to the object of public procurement as precisely as possible, and the total value of thepublic procurement;
3) amendments to the essential conditions of the procurement contract;4) complaints filed in the course of performance of the procurement contract.
(2) A public procurement report shall be preserved until the end of the fourth year following
expiry of the public procurement.GPA/W/127/Rev.1
Page 33
(3) A contracting authority shall submit a public procurement report to the register promptly after
completion of the report.
(4) The formal requirements for public procurement reports and the procedure for submission
thereof shall be established by the Minister of Economic Affairs.
§22. Register
(1) Information concerning prior notices, notices, invitations to tender, design contest notices,
declarations, public procurement reports and protests shall be entered in the register.
(2) The register shall be established and the statutes for the maintenance of the register shall be
approved by the Government of the Republic.
(3) The Office is the chief and authorized processor of the register.(4) The register shall be maintained in the form of a computer database.(5) Prior notices, notices, invitations to tender, design contest notices, declarations, public
procurement reports and information concerning protests shall be submitted to the register in
electronic form.
(6) The main functions of the register are:
1) entry of information concerning prior notices, notices, invitations to tender, design
contest notices, declarations, public procurement reports and protests in the register;
2) processing of information concerning prior notices, notices, invitations to tender,
design contest notices, declarations, public procurement reports and protests entered
in the register.
(7) Contracting authorities, except for those specifie d in clause 5 (1) 1) of this Act, shall pay a
state fee for entry of information concerning a prior notice, invitation to tender or design contest
notice in the register.
(8) Persons who submit information to the register shall be responsible for the correctness of such
information.
§23. Disclosure of information entered in register
(1) The register shall be public.(2) Information concerning the following items in the register shall be published on the web site
of the register:
1) prior notices;2) notices;
3) invitations to tender;
4) design contest notices5) declarations;GPA/W/127/Rev.1
Page 34
6) public procurements reports;
7) tenderers.
(3) The register shall ensure access to information entered in the register for five years after
expiry of the corresponding procurement contract or end of the corresponding design contest.
31. Please specify the relevant provisions in your legislation enabling, as foreseen in
Article XVIII:2, the provision of information to other Parties and unsuccessful tenderers regarding
the reasons why a tender was not selected.
The Public Procurement Act foresees the provisi on of the information to tenderers as follows:
§49. Notification of tenderers
(1) A contracting authority shall, within three working days after making the corresponding
decision, inform each applicant who was disqualified from participation in a tendering procedure in
writing of the grounds for disqualification.
(2) A contracting authority may decide that the advantages specified in subsection 46 (2) of this
Act of a tender declared to be successful shall not be disclosed if this may:
1) be contrary to the public interests;2) prejudice the legitimate business interests of the tenderers;
3) prejudice free competition between tenderers.
(3) If an invitation to tender or tender documents are revoked or a decision made by the
contracting authority with regard to a tendering pr ocedure is annulled or the tendering procedure is
cancelled, the contracting authority shall, within three working days, notify tenderers who received
tender documents or persons who were previously qualified by the contracting authority of the
corresponding decision in writing.
§50. Explanations
(1) Applicants and tenderers have the right to obtain explanations concerning the contents of
invitations to tender and tender documents.  The contracting authority shall provide explanations
within three working days after receipt of the corresponding request and shall send the explanations
concurrently also to other applicants or tenderers.
(2) In open or restricted tendering procedures, contracting authorities may request tenderers to
submit reasoned and relevant explanations concerning inaccuracies or ambiguities contained intenders.  Requests and explanations shall be prepared in writing.
(3) If a tenderer fails to submit within three work ing days the explanations requested from the
tenderer by the contracting authority on justified grounds, the tender may be rejected.
§44. Rejection of all tenders
(1) A contracting authority may reject all tenders before entry into a procurement contract if the
tender documents prescribe such possibility and the grounds therefor.GPA/W/127/Rev.1
Page 35
(2) A contracting authority shall immediately send a notice concerning rejection of all tenders to
all tenderers to whom tender documents were issued.
(3) At the request of a tenderer, the contracting authority shall notify the tenderer of the grounds
for rejection of all tenders.
(4) Upon rejection of all tenders, the contracting authority shall refund the fee charged from
tenderers for the tender documents.
VI. BID CHALLENGE PROCEDURES
32. Please provide information on existing challenge procedures.
The system of challenge procedure according to the Public Procurement Act is the following:
§61. Contestation of activities of contracting authority
A tenderer or a person interested in participating in a tendering procedure who finds that the
contracting authority has violated the tenderer's rights or damaged the tenderer's interests by violating
the provisions of this Act in the course of the tendering procedure may file a protest against the
activities of the contracting authority.
§62. Submission of protests
(1) Protests concerning invitations to tender, tender documents or decisions of contracting
authorities concerning qualification of applicants, refusal to qualify applicants, qualification of
tenderers or refusal to qualify tenderers, declaration of a tender to be in conformity, rejection of a
tender, rejection of all tenders or declaration of a tender as successful shall be filed with the Office.
(2) Protests shall be filed within seven working days after the date the person filing the protest
becomes or should have become aware of the violation of the rights or damage to the interests of the
person, but not after the contracting authority has accepted the successful tender.  A protest
concerning tender documents shall be filed before the contracting authority opens the tenders.
(3) A protest shall be filed in writing and shall set out:
1) the name, address and other details of the person filing the protest;2) the name, address and other details of the contracting authority;
3) the content of the invitation to tender, tender documents or decision against which the
protest is filed and the reasons why the person filing the protest considers this to be a
violation of the rights or damage to the interests of the person;
4) the clearly expressed request of the person filing the protest;5) a list of documents annexed to the protest.
(4) The person filing a protest shall annex to the protest information at his or her disposal
concerning the tendering procedure which is the subject of the protest, and a document certifyingpayment of the state fee.GPA/W/127/Rev.1
Page 36
§63. Organization of review of protests
(1) The Office has the right to require a contracting authority to submit all documents necessary
for the review of a protest.
(2) The contracting authority shall submit the required documents to the Office within two
working days after the receipt of the corresponding request from the Office.
(3) Before the review of a protest, the Office has the right to require the contracting authority to
submit a written statement concerning the content of the protested invitation to tender, tender
documents or decision and the contracting authority shall submit the statement to the Office within
two working days after the receipt of the corresponding request from the Office.
(4) The Office shall refuse to hear a protest and shall make a corresponding decision if:
1) the protest is not filed within the specified term;
2) the protest fails to comply with the requirements provided for in subsection 62 (3) of
this Act or a document certifying payment of the state fee has not been annexed to the
protest;
3) the protest is not filed against an invitation to tender, tender documents or a decision
specified in subsection 62 (1) of this Act;
4) a decision or precept specified in subsection 70 (1) of this Act has been made or
issued.
(5) If the Office finds that a protest filed does not  comply with the requirements provided for in
subsection 62 (3) of this Act or a document certifying payment of the state fee has not been annexed
to the protest, it shall return the protest to the person who filed it and set a term of two working days
for eliminating the deficiencies.  If the person who filed the protest fails to eliminate the deficiencies
within the specified term, the Office shall refuse to review the protest.
(6) The Office has the right to involve experts in the review of a protest.  An expert may submit
his or her opinion in writing or at a public session.  The expenses relating to the submission of a
protest, consisting of the state fee and the certified expenses relating to the involvement of experts,
including expert's fees, shall be borne by the person submitting the protest if the review of the protest
terminates on the basis of clause 65 (6) 1) or 3) of this Act or by the contracting authority if the
review of the protest terminates on the basis of clause 65 (6) 2), 4) or 5) of this Act. The amount ofexpenses relating to the submission of a protest shall be determined by a decision of the Office.
(7) Expert's fees shall be determined on the basis of the amount equalling three times the hourly
wage corresponding to the salary rate at the highest level of the salary scale for state public servants.
(8) Information concerning protests shall be entered in the register.
§64. Suspension of tendering procedure
(1) Upon receiving a protest concerning which there are no grounds provided for in
subsection 63 (4) for refusing to review the protest, the Office is required to notify the contracting
authority of submission of a protest against the activ ities of the contracting authority in the tendering
procedure and send a copy of the protest to the contracting authority.GPA/W/127/Rev.1
Page 37
(2) If the Office sets a term for elimination of deficiencies contained in a protest, the Office shall
notify the contracting authority of submission of a protest against the activities of the contracting
authority in the tendering procedure and send a copy of the protest received by the Office after
elimination of the deficiencies to the contracting au thority.  If the person filing the protest fails to
eliminate the deficiencies within the specifie d term, the Office shall immediately notify the
contracting authority of such failure.
(3) Upon receiving a notice from the Office concerning submission of a protest, the contracting
authority is required to suspend the tendering procedure.
(4) If a contracting authority continues a tendering procedure after receiving a notice concerning
submission of a protest from the Office, all subsequent acts performed in the course of the tenderingprocedure are void.  Procurement contracts entered into after receiving a notice concerning
submission of a protest from the Office are also void.
§65. Review of protests
(1) The Office shall review a protest within ten working days as of the date of submission of the
protest to the Office.  The contracting authority shall decide to review a protest either by a written
proceeding on the basis of the documents submitted or shall organize the review of the protest at a
public session (hereinafter public session) where at least the representative of the Office, the person
who submitted the protest and the contracting authority shall participate.
(2) A public session shall be held if a protest is reviewed with the participation of the
representative of the Office, the person who submitted the protest, the contracting authority or, in the
case the protest is filed against a decision of the contracting authority concerning declaration of a
tender as successful, the person who submitted the successful tender.  If necessary, the Office has theright to decide to hold an additional session.  Notice of an additional session shall be given either at
the previous session or pursuant to the procedure prescribed in subsection (3) of this section.
(3) The Office shall notify the person who submitted the protest, the contracting authority and, in
the case the protest is filed against a decision of the contracting authority concerning declaration of a
tender as successful, the person who submitted the successful tender of the time of the public session.
The contracting authority shall notify all other te nderers or applicants of the time of the public
session.  The failure of a contracting authority to inform tenderers or applicants of the opportunity to
participate in the public session or the failure of the tenderers or applicants to appear at the session
shall not hinder the review of the protest.
(4) Participants in a proceeding for the review of a protest are the person who submitted the
protest, the contracting authority and, in the case the protest is filed against a decision of the
contracting authority concerning declaration of a tender as successful, the person who submitted the
successful tender.  Parties to a proceeding for the review of a protest are the person who submitted the
protest and the contracting authority.
(5) If one or both of the parties to a proceeding for the review of a protest fail to appear at the
public session, the Office shall review the protest in accordance with subsection (2) of this section by
a written proceeding on the basis of the documents submitted.
(6) The review of a protest is terminated if:
1) the person who submitted the protest withdraws the protest;2) the contracting authority declares the protest to be justified;GPA/W/127/Rev.1
Page 38
3) the Office decides to dismiss the protest;
4) the Office decides to satisfy the protest and annul the decision relating to a tendering
procedure made by a contracting authority specified in subsection 5 (1) 1) of this Act
which was in violation of this Act or issue a precept to a contracting authorityspecified in clauses 5 (1) 2)–6) of this Act to annul a decision relating to a tendering
procedure made in violation of this Act or require the contracting authority to bring
the invitation to tender or the tender documents into conformity with the requirements
prescribed by legislation;
5) the Office makes a decision or issues a precept specified in subsection 70 (1) of this
Act.
(7) Termination of the review of a protest pursuant to the provisions of clause (6) 1) or 2) of this
section shall be documented in a written report signed by the representative of the Office, the person
who submitted the protest and the contracting authority.
(8) Termination of the review of a protest pursuant to the provisions of clause (6) 3) or 4) of this
section shall be documented in a reasoned decision of the Office.
§66. Filing of appeals with administrative court
In order to resolve a protest concerning which a decision specified in subsection 63 (4) or
clause 65 (6) 3) of this Act has been made, an appeal may be filed with an administrative court against
a decision made by a contracting authority in relation to a tendering procedure, against an invitation to
tender or tender documents or against a decision or precept of the Office specified in clause 65 (6) 4).
§67. Resumption of tendering procedure
(1) A contracting authority may resume a suspended tendering procedure after:
1) receiving the notice provided for in subsection 64 (2) of this Act from the Office, or2) the person who submitted the protest has withdrawn the protest;3) receiving a written notice from the person who filed the protest that the person will
not file an appeal pursuant to the procedure provided for in §66 of this Act against
decisions made by the contracting authority in relation to the tendering procedure or
against the invitation to tender or the tender documents, or
4) 10 days have passed from the making of a decision of the Office specified in
clause 65 (6) 3) of this Act, or
5) expiry of the term for suspension of the tendering procedure specified by an
administrative court.
(2) If a protest is declared to be justified pursuant to clause 65 (6) 2) of this Act or if the Office
makes a decision pursuant to clause 65 (6) 4) of this Act, the tendering procedure shall be resumed
after annulment of the protested decision relating to the tendering procedure or after the contractingauthority has complied with the precept.GPA/W/127/Rev.1
Page 39
33. Are there specific provisions enabling access of foreign suppliers to challenge procedures?
There are no specific provisions enabling access of foreign suppliers to challenge procedures,
the access is equally provided to all suppliers.
34. To the extent that this information does no t fully respond to the following points, please
provide the supplementary information necessary to do so:
(i) The time-limit to launch a complaint contained in the Agreement is "not less than 10
days" from the time when the basis of the complaint is known or reasonably should
have been known.  What are the limits in domestic legislation?
Protests shall be filed within seven days after the date the person filing the protest becomes or
should have become aware of the violation of the rights or damage to the interests of the person, but
not after the contracting authority has accepted the successful tender.
(ii) What body is responsible for the challenge procedures?  Is this a "court" or an
"impartial and independent review body"?  If the latter:
- How are its members selected?- Are its decisions subject to judicial review?- If not, how will the requirements of paragraph 6 of Article XX be taken into 
account?
§62. Submission of protests
(1) Protests concerning invitations to tender, tender documents or decisions of contracting
authorities concerning qualification of applicants, refusal to qualify applicants, qualification of
tenderers or refusal to qualify tenderers, declaration of a tender to be in conformity, rejection of a
tender, rejection of all tenders or declaration of a tender as successful shall be filed with the Office.
(2) Protests shall be filed within seven working days after the date the person filing the protest
becomes or should have become aware of the violation of the rights or damage to the interests of the
person, but not after the contracting authority has accepted the successful tender.  A protest
concerning tender documents shall be filed before the contracting authority opens the tenders.
(3) A protest shall be filed in writing and shall set out:
1) the name, address and other details of the person filing the protest;2) the name, address and other details of the contracting authority;
3) the content of the invitation to tender, tender documents or decision against which the
protest is filed and the reasons why the person filing the protest considers this to be a
violation of the rights or damage to the interests of the person;
4) the clearly expressed request of the person filing the protest;5) a list of the documents annexed to the protest.GPA/W/127/Rev.1
Page 40
(4) The person filing a protest shall annex to the protest information at his or her disposal
concerning the tendering procedure which is the subject of the protest, and a document certifying
payment of the state fee.
§66. Filing of appeals with administrative court
In order to resolve a protest concerning which a decision specified in subsection 63 (4) or
clause 65 (6) 3) of this Act has been made, an appeal may be filed with an administrative court against
a decision made by a contracting authority in relation to a tendering procedure, against an invitation to
tender or tender documents or against a decision or precept of the Office specified in clause 65 (6) 4).
(iii) What is the applicable law by reference to which the challenge body will examine
complaints?
The applicable law is the Public Procurement Act.(iv) Which rapid interim measures are provided to correct breaches of the Agreement and
to preserve commercial opportunities?
- Do these measures include the possibility to suspend the procurement 
process?  On what conditions?
§64. Suspension of tendering procedure
(1) Upon receiving a protest concerning which there are no grounds provided for in
subsection 63 (4) for refusing to review the protest, the Office is required to notify the contracting
authority of submission of a protest against the activ ities of the contracting authority in the tendering
procedure and send a copy of the protest to the contracting authority.
(2) If the Office sets a term for elimination of deficiencies contained in a protest, the Office shall
notify the contracting authority of submission of a protest against the activities of the contracting
authority in the tendering procedure and send a copy of the protest received by the Office after
elimination of the deficiencies to  the contracting authority.  If the person filing a protest fails to
eliminate deficiencies within the specified term, the Office shall immediately notify the contracting
authority of such failure.
(3) Upon receiving a notice from the Office concerning submission of a protest, the contracting
authority is required to suspend the tendering procedure.
(4) If a contracting authority continues a tendering procedure after receiving a notice concerning
submission of a protest from the Office, all subsequent acts performed in the course of the tendering
procedure are void.  Procurement contracts entered into after receiving a notice concerning
submission of a protest from the Office are also void.
§70. Decision of precept of Office
(1) At any time before entry into a procurement contract, the Office shall, by a decision, either
cancel the tendering procedure of a contracting authority specified in clause 5 (1) 1) of this Act or
issue a precept requiring a contracting authority specified in clauses 5 (1) 2)–6) of this Act to cancel atendering procedure if the contracting authority:
1) fails to present the evaluation criteria to be used to decide on the success of the
tenders or the relative importance of the criteria in the tender documents;GPA/W/127/Rev.1
Page 41
2) has not notified all tenderers of amendments of the tender documents, declaration of
tenders to be in conformity, rejection of a tender or declaration of a tender as
successful;
3) violates the procedure for opening tenders or the values of tenders;4) in the comparison and evaluation of tenders, uses, as a representative or expert, a
person whose relationship with a tenderer may give rise to justified doubts as to the
person's objectivity;
5) conducts negotiations with one or several tenderers in an open or restricted tendering
procedure.
(2) If a tendering procedure is cancelled, all decisions and acts relating to the tendering procedure
are void regardless of whether they were performed before or after the decision concerning
cancellation was made.  Procurement contracts entered into after the making of a decision concerning
cancellation of a tendering procedure or annulment of a decision made by the contracting authority inrelation to the tendering procedure are also void.
(3) Before making a decision concerning cancellation of a tendering procedure or issue of a
precept, the Office shall grant an opportunity to the contracting authority to submit objections within
the term specified by the Office which shall not exceed three working days.
(4) A decision or precept of the Office shall contain at least the following information:
1) the date and place of making the decision or issuing the precept;
2) the content of the decision or precept;
3) the given name, surname and official title of the official who made the decision or
issued the precept.
(v) How do challenge procedures provide for correction of the Agreement? What types of
compensation for loss or damages suffered can the challenge body order?
Any decision about compensation for loss or damages suffered can be made by the
administrative court.
(vi) Give any available information on the time-periods for the stages of the challenge
process, including to obtain interim measures and a final decision.
§63. Organization of review of protests
(1) The Office has the right to require a contracting authority to submit all documents necessary
for the review of a protest.
(2) The contracting authority shall submit the required documents to the Office within two
working days after the receipt of the corresponding request from the Office.
(3) Before the review of a protest, the Office has the right to require the contracting authority to
submit a written statement concerning the content of the protested invitation to tender, tender
documents or decision and the contracting authority shall submit the statement to the Office within
two working days after the receipt of the corresponding request from the Office.GPA/W/127/Rev.1
Page 42
(4) The Office shall refuse to review a protest and shall make a corresponding decision if:
1) the protest is not filed within the specified term;2) the protest fails to comply with the requirements provided for in subsection 62 (3) of
this Act or a document certifying payment of the estate fee has not been annexed to
the protest;
3) the protest is filed against an invitation to tender, tender documents or a decision
specified in subsection 62 (1) of this Act;
4) a decision or precept specified in subsection 70 (1) of this Act has been made or
issued.
(5) If the Office finds that a protest filed does not  comply with the requirements provided for in
subsection 62 (3) of this Act or a document certifying payment of the state fee has not been annexed
to the protest, it shall return the protest to the person who filed it and set a term of two working daysfor eliminating the deficiencies.  If the person who filed the protest fails to eliminate the deficiencies
within the specified term, the Office shall refuse to review the protest.
(6) The Office has the right to involve experts in the review of a protest.  An expert may submit
his or her opinion in writing or at a public sessi on.  The expenses relating to the submission of a
protest, consisting of the state fee and the certified expenses relating to the involvement of experts,
including expert's fees, shall be borne by the person submitting the protest if the review of the protest
terminates on the basis of clause 65 (6) 1) or 3) of this Act or by the contracting authority if the
review of the protest terminates on the basis of clause 65 (6) 2), 4) or 5) of this Act.  The amount of
expenses relating to the submission of a protest shall be determined by a decision of the Office.
(7) Expert's fees shall be determined on the basis of the amount equalling three times the hourly
wage corresponding to the salary rate at the highest level of the salary scale for state public servants.
(8) Information concerning protests shall be entered in the register.§65. Review of protest
(1) The Office shall review a protest within 10 working days as of the date of submission of the
protest to the Office.  The contracting authority shall decide to review a protest either by a written
proceeding on the basis of the documents submitted or shall organize the review of the protest at a
public session (hereinafter public session) where at least the representative of the Office, the personwho submitted the protest and the contracting authority shall participate.
(2) A public session shall be held if a protest is reviewed with the participation of the
representative of the Office, the person who submitted the protest, the contracting authority or, in the
case the protest is filed against a decision of the contracting authority concerning declaration of atender as successful, the person who submitted the successful tender.  If necessary, the Office has the
right to decide to hold an additional session.  Notice of an additional session shall be given either at
the previous session or pursuant to the procedure prescribed in subsection (3) of this section.
(3) The Office shall notify the person who submitted the protest, the contracting authority and, in
the case the protest is filed against a decision of the contracting authority concerning declaration of a
tender as successful, the person who submitted the successful tender of the time of the public session.
The contracting authority shall notify all other te nderers or applicants of the time of the public
session.  The failure of a contracting authority to inform tenderers or applicants of the opportunity toGPA/W/127/Rev.1
Page 43
participate in the public session or the failure of the tenderers or applicants to appear at the session
shall not hinder the review of the protest.
(4) Participants in a proceeding for the review of a protest are the person who submitted the
protest, the contracting authority and, in the case the protest is filed against a decision of thecontracting authority concerning declaration of a tender as successful, the person who submitted the
successful tender.  Parties to a proceeding for the review of a protest are the person who submitted the
protest and the contracting authority.
(5) If one or both of the parties to a proceeding for the review of a protest fail to appear at the
public session, the Office shall review the protest in accordance with subsection (2) of this section by
a written proceeding on the basis of the documents submitted.
(6) The review of a protest is terminated if:
1) the person who submitted the protest withdraws the protest;
2) the contracting authority declares the protest to be justified;
3) the Office decides to dismiss the protest;4) the Office decides to satisfy the protest and annul the decision relating to a tendering
procedure made by a contracting authority specified in subsection 5 (1) 1) of this Act
which was in violation of this Act or issue a precept to a contracting authority
specified in clauses 5 (1) 2)–6) of this Act to annul a decision relating to a tendering
procedure made in violation of this Act or require the contracting authority to bring
the invitation to tender or the tender documents into conformity with the requirementsprescribed by legislation;
5) the Office makes a decision or issues a precept specified in subsection 70 (1) of this
Act.
(7) Termination of the review of a protest pursuant to the provisions of clause (6) 1) or 2) of this
section shall be documented in a written report signed by the representative of the Office, the personwho submitted the protest and the contracting authority.
(8) Termination of the review of a protest pursuant to the provisions of clause (6) 3) or 4) of this
section shall be documented in a reasoned decision of the Office.
(vii) What are the usual costs to conduct a challenge procedure?  Are there possibilities
foreseen to do so free of charge?
Submission of protest to Office costs 100 kroons
1 (the state fee).  In the case the protest filed
after a declaration of a tender successful the cost is 3,000 kroons.  There are no possibilities foreseento do so free of charge.
The state fee for turning to the administrative court is 10 kroons.
                                                     
1 1 USD = 17,482290000 EEK (calculated by the exchange rate of Bank of Estonia in 14.08.01).GPA/W/127/Rev.1
Page 44
VII. OTHER MATTERS
35. To what extent is information technology  being used in the process of government
procurement?  Are notices of invitations to tender and/or notices of contract awards published
electronically?  Please provide the address of such electronic publications.
Estonian authorities consider bringing the m odern means of information processing to the
daily operations of national agencies as a key factor for facilitating the fluent exercise of any
government functions.  The notices of invitations to tender and/or notices of contract awards are
published electronically.  The internet address for such electronic publications is:
http://www.rha.gov.ee.
The Public Procurement Act also provides for carrying out the whole procurement process via
the Internet.  The required technical specifications and legislative basis shall be prepared by the
Ministry of Economic Affairs during the second half of 2001.
36. Is there a contact point in your country for responding to enquiries from suppliers, other
governments and the wider public relating to laws, regulations and procedures and practices
regarding government procurement at the central and/or sub-central level?  Please provide theaddress.
There is no official contact point for responding to enquiries.  However, should relevant
issues get raised, the questions should be sent to the Ministry of Economic Affairs of the Republic of
Estonia, Department of Trade:
Ministry of Economic Affairs
Department of Trade
Harju Street 11
15072 TallinnESTONIA
Fax:  (372) 6313660
Email:  kantselei@mineco.ee
Information can also be obtained from the Public Procurement Office:
Public Procurement Office
Kiriku Street 2/4
10310 Tallinn
ESTONIA
Email:  info@rha.gov.eeGPA/W/127/Rev.1
Page 45
ANNEX
STATISTICS ON GOVERNMENT PROCUREMENT (1998-2000)
Table 1. Public procurements by contracting authority in 1998 – 2000
Public procurements
number value (EEK) value (USD)*
Total of all public
procurements in 1998 100,00% 1,684 4,392,987,047 251,282,129
State agencies 54,00% 910 1,489,776,555 85,216,328
Local governments 35,00% 590 1,067,165,048 61,042,635Companies 6,20% 105 1,774,311,965 101,491,965Legal persons in public law 4,70% 79 61,733,479 3,531,201
Total of all public
procurements in 1999 100,00% 1852 4,580,566,112 262,011,791
State agencies 40,80% 755 1,329,679,539 76,058,659
Local governments 27,00% 500 1,403,409,491 80,276,067Companies 29,40% 545 1,800,248,906 102,975,577Legal persons in public law 2,80% 52 47,228,176 2,701,487
Total of all public
procurements in  2000 100,00% 1,805 4,729,996,129 270,559,299
State agencies 45,80% 827 1,915,960,040 109,594,340
Local governments 23,20% 418 1,795,960,661 102,730,287Companies 28,80% 520 982,225,711 56,184,042Legal persons in public law 2,20% 40 35,849,717 2,050,630
* calculated by the exchange rate of Bank of Estonia in 14.08.2001 (1 USD = 17,482290000
EEK)GPA/W/127/Rev.1
Page 46
Distribution of public procurements by 
contracting authority in 2000
State 
agencies
46%Companies
29%Legal persons 
in public law
2%
Local 
governments
23%GPA/W/127/Rev.1
Page 47
Table 2. Public procurements by object in 1998 - 2000
Public procurements
number value (EEK) value (USD)*
Total of all public
procurements in 1998 100,00% 1,684 4,392,987,047 251,282,129
Purchasing of goods 40,80% 687 2,247,662,866 128,567,989
Contracting for services 27,00% 455 848,872,131 48,556,118
Contracting for construction work 32,20% 542 1,296,452,050 74,158,022
Total of all public
procurements in 1999 100,00% 1,852 4,892,117,338 279,832,753
Purchasing of goods 46,20% 855 1,465,656,922 83,836,667
Contracting for services 23,60% 437 1,018,243,497 58,244,286Contracting for construction work 30,20% 560 2,408,216,919 137,751,800
Total of all public
procurements in 2000 100,00% 1,805 4,729,996,129 270,559,299
Purchasing of goods 46,90% 846 1,926,001,555 110,168,722
Contracting for services 28,90% 522 1,418,920,144 81,163,288Contracting for construction work 24,20% 437 1,385,074,430 79,227,288
* calculated by the exchange rate of Bank of Estonia in 14.08.2001 (1 USD = 17,482290000
EEK)
Distribution of public procurements by object in 
2000
Purchasing of 
goods
47%
Contracting 
for services
29%Contracting 
for 
construction 
work
24%GPA/W/127/Rev.1
Page 48
Table 3. Distribution of public procurements by  object and contracting authority in 2000
Public procurements
number value (EEK) value (USD)*
Total of all public procurements 100,00% 1,852 4,874,110,672 278,802,758
Purchasing of goods 45,70% 100,00% 846 1,926,001,555 110,168,722
      State agencies53,30% 451 795,411,20945,498,113
      Local governments12,20% 103 630,883,08136,086,982
      Companies31,80% 269 471,089,56926,946,674
      Legal persons in public law 2,70% 23 28,617,696 1,636,954
Contracting for   services 28,20% 100,00% 522 1,418,920,144 81,163,288
      State agencies44,40% 232 483,723,68727,669,355
      Local governments25,10% 131 714,296,22840,858,276
      Companies28,00% 146 215,417,05512,322,016
      Legal persons in public law 2,50% 13 5,483,174 313,642
Contracting for construction work23,60% 100,00% 437 1,385,074,430 79,227,288
      State agencies31,80% 139 624,270,54435,708,740
      Local governments43,20% 189 463,335,95226,503,161
      Companies24,00% 105 295,719,08716,915,352
      Legal persons in public law 0,90% 4 1,748,847 100,035
* calculated by the exchange rate of Bank of Estonia in 14.08.2001 (1 USD = 17,482290000 EEK)
Purchasing of goods by authority in 2000
     State 
agencies
53%      
Companies
32%      Legal 
persons in 
public law
3%
      Local 
governments
12%GPA/W/127/Rev.1
Page 49
Contracting for services by authority in 2000
     State 
agencies
44%      
Companies
28%      Legal 
persons in 
public law
3%
      Local 
governments
25%
Contracting for construction work by authority in 
2000
     State 
agencies
32%      
Companies
24%      Legal 
persons in 
public law
1%
      Local 
governments
43%
__________