Kiri

Annex 1

Technical specifications
The aim of the procurement is to find an Executor who will carry out training aimed at developing the Children’s House service and networking. The topic of the training – working with children and families from multicultural backgrounds in the context of the Children’s House (Barnahus) model – requires specific knowledge of the Children’s House and international experience. As there is no such competence in Estonia, we would like to invite an external expert to act as a trainer.

The procurement is financed under the project ‘2021-2027 Cohesion Policy funds measure 21.4.7.9 "Services aimed at children and families are of high quality and meet the needs of families’ conditions for granting support through activity 2.2 ‘Supporting children and families’. .

1. Training objective and target group

The aim of the training is to improve the knowledge and skills of Children’s House employees and network partners working in a multidisciplinary team with children and families from a multicultural background. The training helps to increase the participants’ competence in multicultural issues, supports the implementation of the principles of equal treatment and inclusion, and helps to meet the quality requirements of the Barnahus service, including standard No 3 (‘inclusive target group’).

As a result of the training, participants will acquire knowledge about working with children and families from multicultural backgrounds in the context of the Children’s House.

The target groups for the training are the employees and network partners of the Children’s House, including police investigators, child protection specialists, prosecutors, and forensic pathologists.

2. Content, requirements, and outcome of the training
The training consists of three consecutive contact study days, which include both face-to-face instruction and a study visit to the local Children’s House (Barnahus). A study visit is an important practical part of the training, which must enable students to directly experience (and analyse) the application of the principles learned in a real work environment and support the achievement of learning outcomes. After contact study, there will be one online training day. The contact training and study visit must have taken place by March 2026, at the latest. The online training must be carried out by April 2026 (inclusive), at the latest.

Group size: up to 20 participants
Contract training study days (including the study visit) are organised in increments of four academic hours, while the duration of online training is eight academic hours. The total volume of the training is 20 academic hours.
A suitable space for contact training is provided by the Executor.

General learning outcomes / expected outcomes
A student who has completed the training:
• Understands the principles of inclusive practice and multidisciplinary cooperation in the work of the Children’s House and analyses the possibilities of their implementation in cooperation between different institutions and specialists.
• Analyses the impact of stigma, racism, and unconscious bias in working with sexually abused children and adopts appropriate approaches to support marginalised and non-speaking children.
• Understands the role of language and terminology in providing services to abused children.
• Knows the principles of inclusion, cultural awareness, and international standards (including Barnahus quality standards).
• Reflects on the impact of their social role and personal identity on work and uses the Social GRACES tool to better understand diversity and inclusion.
• Identifies and analyses linguistic, cultural, and systemic barriers in the provision of the Barnahus service and implements multidisciplinary work (MDT) models to support children who are being discriminated against and in disadvantaged situations.
Role and responsibilities of the Executor:
• Confirmation of the specific focus and topics of the training in cooperation with the Contracting Authority;
• Compilation and coordination of virtual training materials with the Contracting Authority;
• Provision of training materials to participants. Contacts necessary for exchanging information with participants (e-mail addresses) shall be forwarded to the Contracting Authority by the Executor;
• Together with the price offer, the Executor presents an initial vision of the training structure in accordance with the above-described objectives and general learning outcomes. Contact trainings are carried out at the Executor’s premises. The Executor shall forward the exact location of the venue to the Contracting Authority electronically (by e-mail) no later than one (1) week before the start of the training.
• The Executor shall issue a certificate of participation in the training to each participant.

3. Execution and transfer of works
The Contracting Authority pays for the service in stages.
Phase I – after face-to-face training.
Phase II – after the online training has taken place.
The transfer of the works will be confirmed by e-mail after both phases.

4. Environmentally friendly solutions
The Contracting Authority must give priority to environmentally friendly solutions in the performance of the Agreement:
• refrain from printing out training materials, etc., without compelling need, and give priority to sharing materials in digital form;
• the materials supplied in digital form must be stored and transmitted in an optimal volume in order to avoid unnecessarily large data files and thus reduce digital pollution.

5. Requirements for trainers
• A trainer must have at least three years of work experience as part of the multidisciplinary team at a foreign Children’s House.
• Minimum of a bachelor’s degree is required.
• Have competence in adult education. In order to demonstrate competence in adult education, the following must be submitted:
◦ evidence of education and/or qualifications in the field of adult education;
◦ proof of completed training/trainings
◦ evidence of training experience (CV).

Draft authorisation agreement Annex 3


Social Insurance Board, registry code 70001975 (hereinafter referred to as the Mandator), represented by Director General Maret Maripuu on the basis of the statutes
and
............................... (.................) represented by .................................... (hereinafter referred to as the Mandatary),

hereinafter individually referred to as the Party or collectively as the Parties, concluded this authorisation agreement (hereinafter referred to as the Agreement) as follows:

1. General provisions, object, and purpose of the Agreement
1.1. The Agreement is the result of a small procurement procedure entitled ‘Training “Multicultural approach to the work of a Children’s House”’ (hereinafter referred to as the Tender).
1.2. The procurement documents, the Mandatary’s Tender, written notices between the Parties and amendments and annexes to the Agreement form an integral part of the Agreement.
1.3. At the time of its conclusion, the Agreement contains the following annexes (hereinafter also referred to as the Contract Documents):
1.3.1. Annex 1 – Technical specifications;
1.3.2. Annex 2 – The Mandatary’s Tender.
1.4. In the event of inconsistency between the provisions contained in the Agreement or in documents relating to the Agreement, or in the event of inconsistency between the provisions resulting from those documents and other legal acts or documents relating to the Agreement, the Parties shall proceed in the following order of priority:
1.4.1. the procurement documents;
1.4.2. the Mandatary’s Tender;
1.4.3. the Agreement.
1.5. The Mandatary is required to perform any other requirements and acts not specified in the Agreement which, by their nature, are necessary to achieve the object and purpose of the Agreement.
1.6. The object of the Agreement is the preparation of a curriculum and educational materials and the provision of trainings (hereinafter Mandate or Work), the detailed description of which is set out in the procurement documents and the Mandatary’s Tender.
1.7. The deadline for performance of the Agreement is 30 April 2026.
1.8. The trainings will be financed under 2021–2027 Cohesion Policy Funds measure 21.4.7.9 ‘Services aimed at children and families are of high quality and meet the needs of families’, ‘Supporting children and families’ grant conditions, activity 2.2. ‘Supporting children and their families with diverse needs’.

2. Contract price and terms of payment
2.1. The Mandator shall pay the Mandatary a fee of EUR....... (hereinafter the Contract Price) for the provision of training in accordance with the requirements arising from the Agreement and the Contract Documents.
2.2. Value added tax is/is not added to the Contract Price/the price is presented as a gross amount and is calculated according to the offer submitted by the Mandatary (Annex 2).
2.3. The Contract Price is binding on the Mandatary and includes the Mandatary’s remuneration and all costs specified in the Agreement for the performance of work within the framework of the Agreement. The Contract Price shall not depend on the increase in costs or workload or on the increase in costs of any other agent or third parties during the performance of the Agreement.
2.4. Payment shall be made after the instrument(s) of delivery and receipt have been approved/signed by the Mandator on the basis of an invoice submitted by the Mandatary.
2.5. The Mandatary shall submit to the Mandator an e-invoice in accordance with the Accounting Act (hereinafter Invoice) and shall indicate on the Invoice the name of the Mandator’s contact person and contract number xxxxx.
2.6. The Invoice’s payment term is at least 14 (fourteen) calendar days. An Invoice that that is not in compliance with the conditions shall not be payable.
2.4. (Natural person) Upon payment, the Mandator shall withhold the income tax, unemployment insurance premium and, if necessary, the funded pension contribution in the amount provided for in the Act. In addition to the remuneration to be paid, the Mandator shall pay social tax and unemployment insurance contributions for the Mandatary in the amount provided for by law.
2.5. (Natural person) No tax exemption is applied to the remuneration / tax exemption is applied at the rate of EUR __. The Mandatary has/has not joined the second pillar of the funded pension.
2.6. (Natural person) The Mandator shall pay the remuneration to the account of the Mandatary within 14 (fourteen) calendar days after the approval/signature of the instrument of delivery and receipt.
3. Rights and obligations of the Parties
3.1. If, in the course of performance of the Agreement, the Mandatary needs to replace team members, the Mandatary must first agree to this in writing with the Mandator. In the event of the replacement of team members, it must be ensured that the Mandate is performed at least by persons with the experience required in the procurement documents.
3.2. The Mandatary has the right to:
3.2.1. receive the contractually agreed remuneration;
3.2.2. demand from the Mandator a fine for delay of 0.05% of the amount not paid on time per day, but not more than 5% of the Contract Price, if the Mandator delays the performance of the financial obligations provided for in the Agreement.
3.3. The Mandatary is obligated to:
3.3.1. inform the Mandator of any circumstances which may prevent the Mandatary from carrying out the training;
3.3.2. when using copyright-protected works of third parties in the course of performance of the Agreement, comply with the provisions of the Copyright Act (for materials received by the Mandatary from the Mandator, the Mandator ensures the existence of copyright);
3.3.3. ensure that, if the training does not comply with the conditions and requirements arising from the Agreement, the Mandatary rectifies the deficiencies without delay at its own expense or within the time limit set in accordance with clause 4.
3.4. The Mandator has the right to:
3.4.1. obtain information relating to the performance of the Agreement;
3.4.2. give instructions to the Mandatary;
3.4.3. order additional trainings in the first quarter of 2026 on the basis of the price indicated in the Tender.
3.5. The Mandator is required to:
3.5.1. provide the Mandatary with the information necessary for the execution of the Mandate;
3.5.2. inform the Mandatary of any circumstances that could affect the training;
3.5.3. pay the Mandatary a fee for the proper performance of the Agreement;
3.5.4. in the event of termination of the Agreement, pay the Mandatary for the services actually provided to the Mandator at the time of termination of the Agreement.

4. Liability of the Parties and force majeure
4.1. If the training does not comply with the requirements arising from the Agreement, the Mandator may demand that the Mandatary eliminate the deficiencies at the expense of the Mandatary, notifying the Mandatary of the deficiencies within a reasonable period of time after discovery of such circumstance and giving the Mandatary a term and an order for elimination of the deficiencies (hereinafter Specified Complaint).
4.2. The Mandatary shall be liable for the subcontractors involved in the performance of the Agreement in the same way it is liable for its own actions.
4.3. In addition to or instead of a claim for performance of the Agreement, the Mandator has the right to demand a contractual penalty of up to 10% of the Contract Price if the Mandatary has not carried out the training prescribed in the Agreement and the procurement documents on time or the training does not comply with the terms and conditions of the Agreement.
4.4. The Mandator has the right to demand from the Mandatary a contractual penalty of 0.5% of the value of the Agreement for each day of delay in the event of non-compliance with the terms provided for in the Agreement or the term for elimination of deficiencies established on the basis of the Agreement, except in cases where the delay occurred by agreement with the Mandator or due to the actions of the Mandator.
4.5. Contractual penalties and interest on arrears shall be paid within 14 (fourteen) days as of the receipt of the corresponding claim. The Mandator has the right to set off the amount of the contractual penalty against the amount payable under the Agreement upon payment for the Mandate.
4.6. If performance of the Agreement is prevented due to circumstances of force majeure in the cases described in § 103 of the Law of Obligations Act, the terms provided for in the Agreement shall be postponed by the period of validity of the force majeure.
4.7. The Mandator has the right to terminate the Agreement without a period of advance notice if the Mandatary has materially violated the terms and conditions agreed upon in the Agreement and the Contract Documents.

5. Intellectual property
5.1. Trainings, materials or a part thereof provided by a Mandatary on the basis of the Agreement may correspond to the characteristics of a work in the Copyright Act.
5.2. The Mandatary undertakes not to violate the rights of third parties in the performance of the Agreement and to comply with the provisions of the Copyright Act when using the copyrighted works of third parties.
5.3. The Mandatary confirms that it owns all proprietary and personal copyrights in the work to be performed under the Agreement and transferred to the Mandator, and the author of the work has restricted or restricts the manner and extent of the exercise of their personal and proprietary copyright under the Agreement entered into with the Mandatary so that the Mandator has the right to use the work in the manner and to the extent provided for in the Agreement and the Contract Documents.
5.4. The remuneration payable by the Mandator to the Mandatary shall be included in the remuneration payable under the Agreement.

6. Confidentiality and data protection
6.1. During the term of the Agreement and for an unspecified term after the termination of the Agreement, the Mandatary undertakes to keep confidential all information which has become known to it in connection with the performance of the Agreement and which the Mandator presumably has a legitimate interest in keeping confidential.
6.2. Disclosure of confidential information to third parties is permitted only with the prior consent of the Mandator in a format which can be reproduced in writing. The confidentiality requirement provided for in this Agreement does not extend to disclosure of information by auditors, lawyers, banks, insurers, other legal entities or partnerships in the global network of the agent, subcontractors or service providers of the Parties who are bound by an obligation of confidentiality and in cases where a Party is required by law to disclose information.
6.3. The Mandatary undertakes not to use the confidential information for personal gain or for the benefit of third parties.
6.4. The Mandatary undertakes to ensure the lawfulness of the processing of personal data in the course of the performance of the Agreement and compliance with the requirements provided for in the General Data Protection Regulation (EU 2016/679) and other data protection legislation, including compliance with organisational, physical and information technology security measures to protect confidential data against accidental or intentional unauthorised alteration, accidental destruction, intentional destruction, disclosure, etc. If necessary, the Parties shall conclude an additional data processing agreement in accordance with the provisions of Article 28 of the General Regulation, unless the conditions for data processing are annexed to this Agreement.
6.5. The Mandatary shall not engage in public relations in connection with the Agreement and shall not give notices to the press, electronic media, the public or other audiences, except with the prior consent of the Mandator in a format which can be reproduced in writing. Only notices, the text of which has been previously agreed upon with the Mandator, may be published.

7. Exchange of notifications and contact persons
7.1. Notifications shall be forwarded in a format which can be reproduced in writing.
7.2. Notifications relating to the Agreement shall be forwarded to the other Party using the contact details specified in the Agreement. A Party is obligated to inform the other Party immediately of any change in its contact details. Pending notification of a change in the contact details, the notice is deemed to have been duly transmitted if it has been sent to the Party using the contact details specified in the Agreement.
7.3. A notice sent by e-mail shall be deemed to have been received on the working day following the day on which it was sent.
7.4. The Mandator’s contact person is.................................................................................
7.5. The Mandatary’s contact person is............................................................................
7.6. It is within the competence of the Mandator’s contact person to negotiate the performance of the work, issue instructions, organise control over the performance of the Agreement, notify the Mandatary of delays and changes, accept the work(s), and submit complaints.
7.7. In the absence of the Mandator’s contact person specified in the Agreement, their internally appointed substitute shall have the same rights.

8. Final provisions
8.1. The termination of the Agreement shall not affect the performance of obligations which, by their nature, continue to apply after the termination of the Agreement. The Agreement shall be deemed to have been performed when the service specified in the Agreement and in the Contract Documents has been performed and the documents specified in the Agreement have been submitted.
8.2. The Parties may amend the Agreement by written agreement of the Parties under the conditions laid down in the Public Procurement Act or in the Agreement.
8.3. The Parties may extend the Agreement by up to three (3) months if the Mandator orders additional training in the first quarter of 2026 or if the performance of the Agreement is delayed for reasons beyond the control of the Parties (which shall not be considered force majeure).
8.4. The Mandatary may not transfer or otherwise assign the obligations arising from the Agreement to a third party without the prior written consent of the Mandator.
8.5. Disputes arising from the Agreement shall be settled by way of negotiation. If no agreement is reached, disputes shall be resolved in court on the basis of the legislation in force in the Republic of Estonia.

(signed digitally) (signed digitally)

PURCHASE TENDER
Training ‘Multicultural approach to the work of a Children’s House’

1. General
1.1
Contracting Authority
Social Insurance Board
Registry code 70001975
Paldiski mnt 80, 15092 Tallinn
1.2
Procurement Title
Training ‘Multicultural approach in the work of a Children’s House’
1.3
E-mail address for information and submission of tenders
[email protected]

Estimated value of the procurement excluding VAT: EUR 13,000
CPV code: 80510000-2 Professional training

The procurement is financed under 2021–2027 Cohesion Policy Funds measure 21.4.7.9 ‘Services aimed at children and families are of high quality and meet the needs of families’, ‘Supporting children and families’ grant conditions, activity 2.2. ‘Supporting children and their families with diverse needs’.
1.4
Deadline for submission of tenders
No later than 10:00 (Estonian time) on xx.xx.2025. Tenders submitted after this deadline will not be considered.
1.5
Tender validity period (from the deadline for the submission of tenders)
60 days. By submitting a tender, it is assumed that the tender is valid for at least the specified period and the tenderer does not have to separately indicate the tender validity period in the tender (it may be indicated if it is longer than the above).
1.6
Estimated timetable for the procurement and the deadline for the performance of the procurement contract
The time-limits set out in the following timetable are indicative and have no legal effect, i.e. if, for any reason, it is not possible to award the Agreement within the time-limit indicated, the time-limits listed below will be postponed by the corresponding period.
1. Conclusion of the Agreement – xx.xx.2026.
2. Performance of the Agreement – xx months.
1.7
Annexes to the invitation to tender
Annex 1 - Technical specifications;
Annex 2 - Tender Form;
Annex 3 - Draft authorisation agreement.

1.8
List of documents and information to be provided by the tenderer in the tender
1. Total value of the tender;
2. Description of the service offered;
3. Information on business secrets, if the tender contains business secrets.
1.9
Conformity conditions
1. Preference for green solutions

The tenderer must give priority to green solutions in the performance of the Agreement, such as:
1) hold work meetings and other meetings online, if possible, in order to reduce, in particular, the carbon footprint resulting from excessive use of transport;
2) avoid unnecessary printing of documents and, where possible, give preference to materials in digital form;
3) the materials to be transmitted in digital form must be stored and transmitted in optimal size in order to avoid unnecessarily large data files and thus reduce digital pollution;
4) delete redundant digital materials, such as draft files, working documents that are not required for preservation, etc., after the performance of the contract, because the unnecessary storage of files on IT servers has a detrimental effect on the environment and increases digital pollution.


1.10
Assessment criteria
Economic advantage.
The Contracting Authority shall evaluate the admissible tenders using a 100-point system (the accuracy of the evaluation shall be two decimal places):

1) Total value of the tender (maximum 80 points).
‘Total value of the tender’, for which the tender value (excluding VAT) is the lowest, i.e. the lowest is the best. The value points of the other admissible tenders shall be calculated in accordance with the following formula: ‘criterion points’ – (‘value of the tender to be evaluated’ – ‘lowest tender value’) / (shared) ‘maximum value’ x (multiple) criteria points.

2) Training provider’s years of experience with Barnahus service (maximum 20 value points)
The tender with the highest value will receive the maximum number of points. Other tenders will receive proportionally less points and will be calculated using the formula: ‘tender value’ / ‘maximum value’ * ‘weighting’.


2. Instructions for preparing and submitting a tender
2.1. Verification of work volumes. The tenderer undertakes to check the description, quantities and volumes of the services and works set out in the invitation to tender and to prepare the tender so that the value of the tender includes all the works and services (including, if necessary, supplies) necessary for the proper performance of the Agreement and the achievement of the objectives described in the invitation to tender.
2.2. Costs of preparing the tender. The tenderer shall bear all costs relating to the preparation and submission of the tender. The currency of the tender shall be the euro.
2.3. Obtaining additional information on the invitation to tender (RHS 46). Explanations and further information on the invitation to tender can be obtained by forwarding the question to the e-mail address indicated in clause 1.3. The Contracting Authority shall submit explanations concerning the invitation to tender by e-mail to all persons who have received the invitation to tender within three (3) working days as of the receipt of the request for explanation. The Contracting Authority is not required to respond to requests for explanations if at least one (1) working day does not elapse between the receipt of the request for explanation and the deadline for submission of tenders.
2.3.1. The Contracting Authority shall not be liable for any delays, failures or interruptions caused by circumstances outside the control of the Contracting Authority, such as force majeure, power outages, disruptions in connection with the telephone or Internet connection of the tenderer or the Contracting Authority or in the operation of other electronic devices and tools, including software.
2.4. Equivalence: Any reference made by the Contracting Authority in the technical specifications to one of the grounds referred to in subsection 88 (2) of the Public Procurement Act (standards, technical approvals, technical control systems, etc.) as a criterion for the compliance of a tender with the technical specifications must be read as supplemented by the indication ‘or equivalent’. Any reference by a procuring entity in a technical specification to a source, process, trade mark, patent, type, origin or mode of production shall be read as supplemented by the indication ‘or equivalent’. Equivalence means exactly the same performance and functionality. In case of equivalence, the tenderer must provide supporting documents in the tender.
2.5. Trade secret. The tenderer shall indicate in the tender, in a clearly distinguishable manner, which information is the trade secret of the tenderer and the reasons for classifying the information as such. The classification of information as a trade secret is based on the provisions of subsection 5 (2) of the Restriction of Unfair Competition and Protection of Business Secrets Act. The Contracting Authority draws attention to the fact that the tender of the successful tenderer is public (subsection 110 (5) of the Public Procurement Act), except in the part rightly defined as a trade secret by the tenderer. The tenderer may not state as a trade secret: 1) the value of the tender or the contributions; 2) in the case of service contracts, other numerical parameters characterising the tender which meet the assessment criteria in addition to those specified in clause 1. The Contracting Authority does not disclose the content of tenders in the part covered by trade secrets (§ 461 of the Public Procurement Act).

3. Small purchase procedure
3.1. Opening of tenders. The opening of tenders shall not be public and no minutes of the opening of tenders shall be drawn up.
3.2. Negotiations. If necessary, the Contracting Authority has the right to negotiate tenders with tenderers. Negotiations are not mandatory for the Contracting Authority and if the Contracting Authority does not have any questions regarding the tender, the Contracting Authority may make procurement decisions without negotiations. If the Contracting Authority deems it necessary to conduct negotiations, the Contracting Authority shall ensure equal treatment of tenderers in the conducting of negotiations and proceed from the following procedure:
3.2.1. Form of Negotiation. The Contracting Authority has the right to negotiate by e-mail or orally. In the case of oral negotiations, minutes of the negotiations shall be drawn up and signed by at least one representative of the Contracting Authority and at least one representative of the tenderer;
3.2.2. Content of the negotiations. The terms and conditions that are the subject of the negotiations are determined by ­the Contracting Authority; it is permitted to negotiate both the content of the tender and the value of the tender. The Contracting Authority has the right to abandon or reduce the volume or quantities of one or more services, works or supplies described in the tender, regardless of the reason (for example, the total value of the tender exceeds the contracting authority’s budgetary possibilities or other reasons), while also completely abandoning the ordering or purchasing of such services, works or supplies or, if necessary, ordering such services, works or supplies from third parties;
3.2.3. Confidentiality. Negotiations shall be confidential and their content shall not be disclosed to other tenderers or other persons, except as provided by law;
3.2.4. Submission of a revised tender. During the negotiations, the Contracting Authority has the right to invite tenderers to submit a revised tender. If the tenderer fails to submit a revised tender by the deadline set by the Contracting Authority, the tender initially submitted by the tenderer is deemed to be valid.
3.3. Removal of the bidder. The Contracting Authority has the right to exclude a tenderer from the procurement procedure and declare a tender non-compliant in the case of:
3.3.1. if the tenderer has provided false information to the Contracting Authority;
3.3.3. If, at any time during the procurement procedure, the Contracting Authority establishes that the tenderer has a grounds for exclusion arising from tax arrears, it shall grant the tenderer at least three (3) working days for payment or deferral of the tax arrears. The Contracting Authority may extend the time limit granted to the tenderer.
3.4. Verification of conformity of tenders (§ 114 of the Public Procurement Act). The Contracting Authority shall accept a tender if it complies with the requirements set out in the invitation to tender or if it does not contain any substantive deviations from the conditions set out in the ­invitation to tender.
3.4.1. The Contracting Authority may use the reversed procedure provided for in subsection 52 (3) of the Public Procurement Act.
3.4.2. A tenderer whose tender has been rejected shall not participate in a subsequent procurement procedure.
3.5. Rejection of all tenders (§ 116 of the Public Procurement Act). The Contracting Authority may take a reasoned written decision rejecting all tenders for a public procurement at any time before the concluding the Agreement, if:
3.5.1. it does not comply with the conditions set out in the procurement documents;
3.5.2. the tenderer fails to provide the explanations requested by the Contracting Authority or if it is not possible to unequivocally assess the compliance of the tender with the conditions set out in the procurement documents on the basis of the explanations provided by the tenderer;
3.5.3. the value of all tenders exceeds the estimated value of the Agreement;
3.5.4. during the course of the procurement procedure, the Contracting Authority has become aware of new circumstances which preclude or make it impractical for the Contracting Authority to complete the procurement procedure under the conditions laid down in the procurement documents and the annexes thereto;
3.5.5. where inconsistencies in the procurement procedure cannot be remedied and, therefore, the procurement procedure cannot be lawfully concluded;
3.5.6. there is only one tender submitted or accepted which does not ensure effective exploitation of competition;
3.5.7. a tender whose value exceeds the threshold for simple procurement laid down in the Public Procurement Act or the threshold for public procurement of social and specific services.
3.6. The Contracting Authority shall not be liable to the tenderer if all tenders have been rejected under the conditions set out in this document.
3.7. Evaluation of tenders. Declaration of tender successful (§ 117 of the Public Procurement Act). The Contracting Authority shall evaluate all admissible tenders and declare successful the most economically advantageous tenders. The Contracting Authority shall assess economic advantage in accordance with the assessment criteria set out in clause 1.10.
3.7.1. If there is only one admissible tender in the procurement, the Contracting Authority has the right to automatically assign the maximum value points to the tender, in which case there will be no substantive evaluation of the tender.
3.7.2. If, at the time of submitting the tender, the tenderer was not subject to VAT, but such an obligation arises for the tenderer after the submission of the tender and the tenderer did not take it into account when submitting the tender and did not indicate that VAT had been added to the tender, the tender price also includes VAT, i.e. the cost of services will not be increased later by VAT.
3.8. Equal offers. In the case of equal results, the successful tender shall be determined by drawing lots. The Contracting Authority shall inform the tenderers who have received an equal number of points of the time and place where the lots shall be drawn. One person per tenderer may take part in the drawing of lots. Organising and carrying out the drawing of lots:
3.8.1. The drawing of lots is a procedure for identifying the successful tenderer, which takes place after the tenders have been accepted and evaluated. As a result of the drawing of lots, minutes of the drawing of lots shall be drawn up, which is also the protocol on which the decision to identify the successful tenderer is based. The Agreement shall be awarded, through the drawing of lots, to one of the successful tenderers.
3.9. Informing tenderers. The Contracting Authority shall notify tenderers of the results of the procurement within three (3) working days as of the making of the corresponding decision, in accordance with the procedure provided for in § 47 of the Public Procurement Act.
3.10. Signature of the Agreement. If the successful tenderer fails to sign the Agreement within the time limit set by the Contracting Authority or fails to perform the Agreement concluded with the acceptance within the time limit set by the Contracting Authority for reasons relating to itself, the Contracting Authority shall reassess all the remaining tenders again in accordance with subsection 117 (1) of the Public Procurement Act and declares the tender that, based on the award criteria set out in the procurement documents, is the most economically advantageous tender among suitable tenders successful. If the successful tenderer fails to perform the specified obligation or withdraws its tender for reasons beyond the control of the Contracting Authority or fails to perform the Agreement within the set time limit for reasons beyond the control of the Contracting Authority, the Contracting Authority has the right to apply the rights provided for in § 119 of the Public Procurement Act.
3.11. Transfer of the Agreement. The tenderer is not allowed to transfer the Agreement, either in whole or in part, to third parties.