Procurement documents

Annex 1 FRAMEWORK AGREEMENT ……..2025 No 2-2/25/………. Estonian Centre for Defence Investments (registry code 70009764, address Järve 34a, 11314 Tallinn), Estonian Defence Forces (registry code 70008641, address Juhkentali 58, 15007 Tallinn), represented by Magnus-Valdemar Saar, Director General of Estonian Centre for Defence Investments, pursuant to the articles of association and power of attorney (hereinafter the contracting entity), and Steliau Technology Italy S.P.A. (registry code 00845140151, address Via Dei Lavoratori, 5 20843 Verano Brianza MB Italy), represented by …, … pursuant to the articles of association (hereinafter the executor), separately: party and jointly: parties, have concluded the following framework agreement (hereinafter the agreement). 1. Basis and subject of the agreement 1.1. The agreement has been concluded based on the founding documents of the public procurement „Lifecycle of ASR-8 radar“ (reference number 288726) and the tender submitted by the executor in this procurement. 1.2. Under the agreement, the items are procured through both mandatory and voluntary central procurement, which means that the agreement concluded by the Estonian Centre for Defence Investments as a central contracting entity can also be used by other contracting entities who are using the central procurement service of the Estonian Centre for Defence Investments in accordance with § 30 clause 2 of the Estonian Public Procurement Act. 1.3. The contracting entity has concluded the agreement with the executor based on the executor’s tender, the executor’s statements and confirmations in the Agreement, and assuming in good faith the executor’s professionalism and ability to fulfil the agreement properly. If subcontractors are used, the executor remains responsible to the contracting entity for the proper performance of the agreement. 1.4. The executor declares and confirms that: 1.4.1. they and their representatives have all the rights and authorisations to enter into the agreement; 1.4.2. they have read the agreement and the founding documents of the public procurement and that they fully understand the content and repercussions of duties undertaken and that they agree with the conditions therein; 1.4.3. the performance of this agreement does not harm the rights of third parties and there are no circumstances which might exclude their rights to conclude this agreement and perform it properly; 1.4.4. they have all the necessary and valid permits, registrations, representation rights and certificates for the performance of the agreement and undertakes to extend/renew these upon their expiry during the period of validity of the agreement. If the extension of the permits, registrations, rights of representation and certificates is not possible due to circumstances beyond the executor’s control, the executor is obliged to inform the contracting entity immediately;  1.4.5. in relation to the goods transferred to the contracting entity or the service provided, third parties do not have any claims or other rights that third parties have the right to enforce in relation to the goods and services; 1.4.6. they and their offered goods are not subject to international sanctions or originated in an area subject to sanctions in accordance with the International Sanctions Act of the Republic of Estonia. 1.5. The subject of the agreement is to ensure effective life cycle management of ASR-8 radars original hardware. On the basis of this agreement and in accordance with the conditions thereof, the executor agrees to deliver to the contracting entity the life cycle management of radar systems (including original hardware, related services and training). This agreement also covers, but is not limited to related devices/equipment. Where applicable, the executor shall provide training and other related products (systems mid-life upgrades and new systems) and/or services such as modifications and updates, accessories, spare parts and maintenance services (including analyses and repairs (hereinafter the goods and/or services). 1.6. Under the agreement and the conditions set out there-in the executor undertakes to sell goods and provide services to the contracting entity, and the contracting entity undertakes to accept the goods and pay the executor the purchase price of the goods/services in money. If the goods are purchased together with a service, the terms of the service contract as stipulated in the Law of Obligations Act of the Republic of Estonia shall apply to the service to the extent that they are not regulated, are inconsistent or incompatible with the nature of the service. 1.7. The conditions of service provision, type of goods, name, specification, quantity, cost, delivery locations, delivery times and contact person of the contracting entity shall be stipulated in the procurement contracts, if possible. If all the necessary conditions are not known at that moment, the necessary information will be sent by e-mail during the execution of the procurement contract. 1.8. The goods and services must be in compliance primarily with the founding documents of the public procurement and then to the tender submitted by the executor. The delivered goods and services must be in compliance with the terms of the agreement, including quality, type, description and quantity. All documents and packaging accompanying the goods and services shall also be in compliance with the terms of the agreement. 1.9. The hierarchy of the documents is as follows: the technical description of the public procurement with the specifications set out in the invitation to tender, the agreement with the specifications set out in the procurement contract, and then the tender submitted by the executor. The standard terms and conditions governing the executor’s sale of the goods or provision of the service may be applied only in so far as they do not conflict with the terms and conditions laid down in this agreement. 2. Parts of the agreement The integral parts of the agreement are founding documents of the public procurement, the executor’s public procurement tender and its annexes; explanations provided during the public procurement procedure, letters of confirmations, tender proposals and tenders submitted on the basis of the agreement, procurement contracts concluded on the basis of the agreement, notifications sent between the parties and all amendments to the agreement and procurement contract to be concluded. If procurement contract has not been concluded, orders, order letter, purchase orders or anything else with which a financial obligation is made are also considered as procurement contracts. 3. Conclusion of procurement contracts 2/14  3.1. Procurement contracts are concluded under the agreement on the basis of the contracting entity’s needs either for a one-time order (hereinafter: one-time purchase) or for a fixed period (hereinafter: duration contract), during which order are made. The performance of the duration contract is based on orders submitted by the contracting entity, specifying, where applicable, e.g. the quantity of goods to be purchased, the time and place of performance of the service, the contact person, etc. The agreement without procurement contract does not obligate the contracting entity to order goods or services from the executor. 3.2. The purchase of goods and the ordering of services shall take place in accordance with the following procedure: 3.2.1. The contracting entity shall submit to the executor a proposal for the submission of a tender. 3.2.2. The executor submits the tender together with the cost of goods/services no later than 5 working days after receiving the tender proposal from the contracting entity. If the executor is unable to meet this deadline, they shall notify the contracting entity immediately. 3.2.3. The contracting entity agrees to the tender by submitting the purchase order or signing the procurement contract or refuses the tender within 14 days at the latest. The contracting entity is not obligated to conclude a procurement contract based on the submitted tender. If the contracting entity does not respond to the tender within the required days, it is considered as a rejection. 3.3. The procurement contracts shall be concluded at least in a form that can be reproduced in writing. If the value of the procurement contract without VAT is 50 000,00 euros or more, the parties conclude the procurement contract as a document signed by both parties. 3.4. The contracting entity has the right to order from the executor also other goods and services that meet the requirements of the technical description (goods and services, with the purpose of which is the same). Ordering of the named goods and services by submitting proposals for the submission of tenders, in which the contracting entity provides the executor with exact technical description and the conditions for pricing the goods and services. 4. Rights and obligations of the contracting entity 4.1. The contracting entity shall have the right to continuously check the fulfilment of obligations arising from the agreement and the documents related to the purchase of the goods or ordering of services, and to request information about the fulfilment of the agreement at any time. 4.2. The contracting entity shall have the right to verify the accuracy and correspondence of the invoices, calculations, and other costs presented by the executor. If necessary, the contracting entity has the right to demand invoices from subcontractors. 4.3. The contracting entity has the right to consult with the executor on questions related to the goods or services, for example, questions related to the delivery and use of the goods or the provision of services. 4.4. The contracting entity has the right to demand the immediate elimination of defects in the goods or services. 4.5. The contracting entity has the right to demand compensation for damages caused by the fault of the executor. 3/14  4.6. The contracting entity reserves the right to order goods and services in addition to the agreement if: no executor submits a tender; the tenders submitted by the executor do not meet the requirements; no executor is able to perform the procurement contract or has withdrawn from the agreement or procurement contract; the price of the tendered goods or services is unreasonably high compared to the average market price and economically unreasonable for the contracting entity. 4.7. The contracting entity undertakes to pay the executor in accordance with the agreement for the goods delivered or the service provided under the conditions stipulated in the agreement. 4.8. The contracting entity undertakes to respond within a reasonable time to all requests submitted by the executor for clarification of instructions. 4.9. The contracting entity undertakes to inform the executor as soon as possible about problems related to the performance of the procurement contract. 5. Rights and obligations of the executor 5.1. The executor undertakes, upon the contracting entity’s demand, to submit a centralized statement for all goods purchased from the executor or the services ordered (including date of conclusion of procurement contract or purchase order; name of the goods, quantity and cost without VAT; total cost of procurement contracts / purchase orders without VAT etc.) in MS Excel format or in another format agreed upon with the contracting entity within 10 days after receiving said request, unless otherwise agreed by the parties. 5.2. The executor undertakes to provide information (volume and purpose) about the subcontractors at the request of the contracting entity. In the event that the executor has provided relevant information before concluding the agreement, the executor must coordinate with the contracting entity in advance the change of previously mentioned persons. 5.3. The executor undertakes to immediately inform the contracting entity of the circumstances preventing the performance of the agreement. 5.4. The executor undertakes to immediately inform the contracting entity about a cyberattack and a cyber incident related to the contracting entity directed against the executor, and to submit a cyber incident report to the contracting entity at the request of the contracting entity. 5.5. The executor undertakes to comply with the terms of fair trade when performing the agreement, to follow environmentally sustainable principles, and not to use slave and child labour. 5.6. The executor undertakes to inform the contracting entity immediately if they are unable to deliver the goods or provide the service by the agreed deadline. 5.7. The executor undertakes to deliver the goods and/or provide the service on time and in a duly agreed upon volume and frequency in accordance with the conditions stipulated in the agreement and during the order submission, the requirements, norms and standards applied in best practice. 5.8. The executor has the right to receive the agreed payment for the goods delivered or the service provided under the conditions stipulated in the agreement. 5.9. The executor has the right to receive instructions, explanations or other information from the contracting entity that affects the performance of the agreement. 5.10. The executor has the right to make suggestions regarding the better organisation of activities related to the delivery of goods or the provision of services. 6. Packaging and marking of goods 4/14  6.1. The executor is obligated to provide the goods with packaging, which ensures the unchanged condition of the goods during transport and storage. 6.2. The packaging and marking of the goods must comply with the requirements provided by the contracting entity. 7. Delivery and receipt of goods and services 7.1. To the delivery and receipt of the goods Estonia Incoterms® 2020 DAP delivery terms apply. Places of the delivery and more detailed delivery conditions are specified in procurement contracts. The executor has the right to use a third-party warehouse for the delivery of the goods, where the conditions set by the third party may apply, which are presented in the tender proposal. 7.2. In the event that the goods are subject to the export control obligation of the executor’s country of residence, the executor shall provide the contracting entity with an up-to-date form of the end-user certificate and secure the necessary export license. 7.3. The acceptance time for receiving delivery of the Goods is generally from Monday to Thursday between 8:30 AM and 3:00 PM, excluding national and public holidays, as well as the immediately preceding working days before these holidays and the last three working days of each month, unless otherwise agreed in the procurement contract. 7.4. The Executor sends a delivery notice to the contracting entity about the delivery of the goods at least 5 working days prior to the scheduled delivery time to the e-mail address specified in the procurement contract (cc must be sent to [email protected]), unless agreed otherwise in procurement contract. The delivery notice must include: 7.4.1. the name of the goods; 7.4.2. procurement contract and/or purchase order number; 7.4.3. public procurement reference number; 7.4.4. quantity to be delivered, including the number of pallets, containers, etc.; 7.4.5. dimensions of the logistic unit; 7.4.6. method of packaging (film, net, Euro pallet, etc.); 7.4.7. type of transportation, which is used for delivery (van, truck, etc.), and quantity; 7.4.8. specific requirements or needs for unloading the shipment; 7.4.9. scheduled delivery date and time; 7.4.10. delivery address of the destination. 7.5. The executor shall deliver the goods to the contracting entity and the contracting entity shall accept the goods on agreed terms. If the executor informs about the delivery less than 5 working days before it takes place, or if all the specified documents are not included with the delivery notice, the contracting entity has the right not to accept the goods. In this case, all costs incurred shall be borne by the executor until the goods have been correctly delivered. 7.6. The executor submits the delivery note together with the delivery notice or at the latest at the moment of handing over the goods or after providing the service, unless otherwise agreed in the procurement contract. The delivery note must include: 7.6.1. executor details; 7.6.2. contracting entity details; 7.6.3. the name of the recipient of goods and/or services; 7.6.4. procurement contract and/or purchase order number; 7.6.5. public procurement reference number; 7.6.6. name, product code and quantity of goods or type and time of provision of service. 5/14  7.7. In addition to the delivery note, the executor is obligated to hand over to the contracting entity all documents that are necessary for receiving, possessing, using and disposing of the goods. 7.8. The contracting entity has the right to inspect the quality of goods or services in accordance with the terms of the agreement and procurement contract within two weeks. In such an event, the contracting entity shall issue a quality control act, if necessary, which shall be sent to the executor. 7.9. The contracting entity shall issue a handover-acceptance act about the purchase of goods or provision of services, which shall be signed by both parties and forwarded to the executor alongside the quality control act, if necessary, unless agreed otherwise. A handover- acceptance act signed by both parties is also deemed as a delivery note. 7.10. In the absence of a delivery note, the contracting entity has the right to take possession of the corresponding goods however, handover-acceptance is deemed to have taken place upon the receipt of a correct delivery note. The contracting entity has the right to refuse the signing of a handover-acceptance act, if the goods have visually visible defects. 7.11. In the event that a party encounters unforeseen circumstances during the export and/or import of goods (e.g. delay due to inactivity of authorities, lack of necessary documentation, etc.), the party shall be obliged to inform the other party of such circumstances at the earliest opportunity. 7.12. The executor shall bear the costs arising from the delivery of the goods and the transport until the delivery of the goods. The costs and expenses related to the goods will also be borne by the executor until the goods are handed over, except for costs caused by circumstances arising from the contracting entity. 7.13. In the event that during the performance of the agreement it turns out that it is not possible to receive the goods, the executor has the right to exchange the goods for equivalent or better goods with the consent of the contracting entity. The executor proves the equivalence of the goods. 7.14. The executor forms a delivery-acceptance act regarding the provision of the service, which is signed by both parties. The contracting entity has the right to refuse to sign the handover- acceptance act if the provided service does not meet the conditions stipulated in the agreement. In the event of refusal to accept the service, the parties contact persons of the procurement contract shall draw up a relevant act in written form, and the executor is obliged to eliminate the deficiencies stated in the act by the deadline agreed by the contracting entity's and executor's contact persons, which may not be longer than 14 calendar days, unless the parties have agreed otherwise. 8. Agreement value and payment terms 8.1. The estimated maximum total value of the agreement in the public procurement is 600 000,00 Euros, plus value-added tax (VAT) in the cases provided for by law. 8.2. For one-time purchases, the actual prices are formed within the purchase orders. When concluding a duration contract, the offered prices are fixed for the period of the duration contract. 8.3. The unit prices of the service include all costs necessary to fulfill the agreement, including the activities listed in the technical description. The service will be paid for according to the ordered and actually provided service, based on the handover-acceptance act signed by both parties. 8.4. One e-invoice shall be submitted for the service provided, unless otherwise agreed. 8.5. The executor shall issue the invoice as an e-invoice (in XML-format). In the event that the executor registered outside of the Republic of Estonia has no technical capabilities to issue 6/14  e-invoices, they shall issue invoices in PDF format to the e-mail address specified in the agreement, unless agreed otherwise in the procurement contract. 8.6. The executor issues an invoice containing the following information: 8.6.1. The contracting entity’s details (payer of the invoice): Estonian Centre for Defence Investments (registry code 70009764, address Järve 34a, 11314 Tallinn); Estonian Defence Forces (registry code 70008641, address Juhkentali 58, 15007 Tallinn). 8.6.2. Other information to be included on the invoice: name of the contact person (to be specified in the procurement contract); agreement number; procurement contract (purchase order) number; public procurement reference number; quantity and name of goods/type of service and time of provision; 15-digit reference number of the contract part in the public procurement register (if available), which can be found in the data of the agreement concluded with the executor in the public procurement register. 8.6.3. Seller’s bank details: Seller’s bank:.…………………… IBAN:……………………………….. SWIFT Code:…………………….. 8.7. The contracting entity shall pay for the goods and/or services received in accordance with the terms of the agreement to the billing account presented on the invoice within 28 days after receiving the invoice in accordance with the terms of the agreement. The invoice submission is based on the quality control act and/or delivery note and/or the handover- acceptance act signed by both parties. 8.8. The contracting entity shall not accept an invoice which does not comply with the terms of the agreement. In such case, the executor shall submit a new invoice within seven days. The payment is considered to be finalised when the bank of the contracting entity accepts the payment order. 8.9. Before paying an invoice with a value of 10 000,00 EUR or more including VAT, the contracting entity checks the absence of the executor's tax debt via the Tax and Customs Board's website. If a tax debt of at least 10 000,00 EUR exists, the contracting entity shall inform the Tax and Customs Board of the amount payable. 9. Force majeure 9.1. The Breach of contractual obligations is excusable if the party has breached the obligation due to force majeure. The parties consider force majeure to be a circumstance that the breaching party could not influence and, based on the principle of reasonableness, could not be expected to take this circumstance into account or to avoid it at the time of concluding the agreement, or to overcome the impeding circumstance or its consequence, e.g. natural disasters, general power outages, military operations, blockade. The parties do not consider 7/14  the inability of the executor's third-party contractor to perform the agreement as force majeure. 9.2. If any circumstances corresponding to the force majeure led to a failure to perform the agreement within the period specified in the agreement or any annexes thereto, and their effect is temporary, the behaviour of the party who breached the contractual obligation is only excused for the period during which the force majeure impeded the performance of the obligation. 9.3. In the event of force majeure, the time limit for the performance of a contractual obligation shall be postponed in accordance with the duration of the force majeure event, but for no more than 90 days, unless otherwise agreed by the parties. In case of force majeure, the procurement contract will be amended, if necessary, regarding the delivery time. 9.4. A party that is not able to perform their obligations due to force majeure shall immediately notify the other party of the occurrence and ending of such a situation. Failure to notify or untimely notification deprives the party of the right to rely on the excused non-performance, i.e., the occurrence of force majeure, and the party that has breached the notification obligation is liable for the breach of a contractual obligation pursuant to as provided in the agreement. 9.5. In the event that the effect of the force majeure is permanent and does not enable the parties to perform their contractual obligations in full or partially, the parties have the right to terminate or withdraw from the agreement, by submitting a corresponding of termination or withdrawal from the agreement to the other party. 9.6. The parties shall not consider the impact of import restrictions related to the Russian Federation and the Republic of Belarus on the fulfilment of the service provision obligation as force majeure if these circumstances existed at the time of the conclusion of the agreement. 10. Warranty obligation 10.1. If the goods and/or services are covered by a warranty, the executor provides a minimum 12- month warranty for all goods and/or services. If necessary, the warranty period and other warranty conditions are specified in each procurement contract. 10.2. The warranty shall commence from the day of transfer of the goods with no deficiencies to the contracting entity or from the signing of the handover-acceptance act by both parties of flawless service provision. 10.3. If the manufacturer’s warranty is in any way more favourable to the contracting entity (e.g., in terms of time) than the contractual warranty obligation, the executor undertakes to arrange for the realisation of the contracting entity’s warranty claim upon the occurrence of such an event on terms that are more favourable to the contracting entity, arising from the terms and conditions of the manufacturer’s warranty. 10.4. Warranty covers all deficiencies that become evident during the warranty period, taking into account normal wear and tear and manufacturer’s instructions. 10.5. The contracting entity is obligated to inform the executor of any deficiencies in goods or provided services to the executor’s e-mail address, unless otherwise agreed in the procurement contract. 10.6. The executor undertakes to remove the defects free of charge no later than 90 days as of the receipt of the contracting entity’s respective reasoned warranty claim. A longer period may be established, subject to the written consent of the contracting entity. In the event of a systemic error (more than 20% of the delivered goods or provided services are defective), the contracting entity has the right to demand the replacement of all delivered goods or provided services. 8/14  10.7. The executor shall bear all expenses for replacing the defective goods or insufficiently provided services (including transportation). 10.8. After elimination of defects during the warranty period, a new warranty of the same duration as the original warranty is given to the goods or services. 11. Confidentiality and security conditions 11.1. Under confidential information, the parties consider information that becomes available during the performance of the agreement, personal data, security data and documents that are clearly marked for internal use only, and other information, whose disclosure might harm the interests of the contracting entity. Confidential information does not include information for which the obligation of disclosure arises from legislation, provided that such a disclosure is conducted in the most restricted manner possible from all possible options. 11.2. According to the confidentiality requirement, parties undertakes not to disclose the other party’s confidential information during the validity of the agreement or thereafter without the other party’s written consent. Both parties shall protect the confidentiality of the information that was made known to them during the performance of the agreement. 11.3. The executor is obligated not to use any documents or information that pertains to the agreement without the contracting entity’s written consent, except in cases which are necessary to perform the procurement contract. All documents except the agreement and its annexes are property of the contracting entity and if the contracting entity’s demands, the executor is obligated to return them after the expiry of the agreement. 11.4. Disclosure of information that is for internal use only to any third parties is prohibited. 11.5. In the event that the executor must enter premises under the area of administration of the Estonian Ministry of Defence in order to perform the contract, the executor must follow applicable security conditions (Annex ____). In the event that the executor employs subcontractors at the aforementioned premises, they must previously be coordinated with the contracting entity in writing and all security conditions stipulated in the agreement apply to them as well. Responsibility for the performance of security conditions by the subcontractors rests on the executor. 11.6. Communication to the public relating to the subject-matter of the agreement or the performance thereof, including press releases, referring to the contracting entity in an advertisement or online publication, is allowed only with the explicit written consent of the contracting entity in a form that allows reproduction. 11.7. The confidentiality requirement is indefinite. 12. Intellectual property rights 12.1. In case the goods and/or service or their parts (including relevant documentation and service-related documentation) are protected by intellectual property rights, the executor shall grant the contracting entity a worldwide irrevocable non-exclusive licence within the meaning of the Copyright Law, valid until the expiry of the copyrights. The licence shall be deemed to have been transferred at the moment of transfer of the goods and/or services or their parts (including the relevant documentation), for which no separate fee is paid (the copyright fee is included in the agreement price. 12.2. In case the goods or its part (including corresponding documentation) is protected by another intellectual property right, the executor grants the contracting entity the necessary right to use the goods in every way. 12.3. In the cases specified in this clause, the agreement is also considered an author’s contract. The terms of transfer and use of intellectual property rights may be agreed differently in the procurement contract. 13. Liability 9/14 13.1. The Parties bear responsibility towards each other for non-performance or improper performance of contractual obligations in accordance with the terms of the agreement and applicable legislation. 13.2. Ownership of the goods and the risk of accidental loss and damage are usually transferred from the executor to the contracting entity upon the proper handover, unless the parties have agreed otherwise. 13.3. The executor is liable for non-conformity (defects) of the goods with the terms of the agreement if the non-conformity exists at the time of the transfer of the risk of accidental destruction and deterioration to the contracting entity and if the non-conformity of the goods with the terms of the agreement is discovered (i.e., that the defects could not have been discovered during their normal inspection, so-called latent defects) after the transfer of this risk to the contracting entity. 13.4. The executor is liable for non-conformity with the terms of the service contract (defects), if the non-conformity with the terms of the service contract is discovered (i.e., the defects could not have been discovered during their normal inspection, so-called latent defects) after the service provided. 13.5. In the event that the executor fulfills the agreement improperly, the contracting entity has the right to refuse to accept the goods or the provided service and the obligation to pay the purchase price, and to submit a demand to the executor to perform the obligation in accordance with the agreement after discovering the breach of obligation, by giving the executor a reasonable time limit to perform the agreement. The executor shall be deemed to have delayed the delivery of the goods or the provision of the service until the proper delivery of the goods or provision of the service to the contracting entity. 13.6. The goods do not correspond to the terms of the agreement, inter alia, when the goods do not possess the agreed upon attributes, the goods are not in the agreed quantity, the goods cannot be used for their agreed purpose, a third party has claims or other claimable rights towards the goods, the goods are not packaged in accordance with the terms of the agreement or there is no delivery note. 13.7. The service do not correspond to the terms of the agreement, inter alia, if the service has not been provided in accordance with the expected quality, the service does not have the agreed characteristics, the service has not been provided for the agreed time term, in the agreed volume, with the prescribed frequency, the executor does not provide proper documentation on the provision of the service, fails to provide the contracting entity with information about the performance of the agreement, etc. 13.8. The contracting entity is obliged to inform the executor at least by e-mail about the non- compliance with the terms of the goods or service to the agreement within 30 days from the moment when the contracting entity or the contracting entity's authorized person became aware of the non-compliance with the terms of the goods or service to the agreement. In the notification, the contracting entity undertakes to demand the fulfillment of the obligation from the executor, also giving the executor a reasonable deadline for the duly performance of the obligation, which generally cannot be longer than 60 days. 13.9. In the event that the contracting entity does not notify the executor of a defect in the goods or service within the term specified in the agreement after becoming aware of the defect, the executor is released from responsibility for the defects of the goods or service, except in cases where the failure to notify the defects was reasonably excusable. 13.10. In the event that the goods or the provided service do not meet the terms of the agreement, the contracting entity has the right to demand from the executor the replacement of non- conforming goods with goods that meet the terms of the agreement or the secondary provision of a non-compliant service by a service which complies with the terms of the agreement. 13.11. If the goods or services do not meet the agreement conditions and the contracting entity agrees to accept the goods or services with defects, the contracting entity has the right to 10/14  reduce the price of the goods or services by the part corresponding to the defects, by submitting an application to the executor. 13.12. In case of non-delivery on time of the goods or non-performance of the service on time, the contracting entity has the right to demand from the executor a contractual penalty of up to 0.25% of the cost of the goods or services not delivered on time per day for every calendar day of delay in delivery or service, but not more than 50% of the cost of the procurement contract, unless otherwise stipulated in the procurement contract. 13.13. In the event of a quantity shortage of the goods, the contracting entity has the right to accept the corresponding goods and demand from the executor to deliver the missing goods quantity to the destination specified by the contracting entity within the Republic of Estonia at the executor's expense. 13.14. In addition to terminating the agreement or withdrawing from the agreement, the parties have the right to demand liquidated damages, compensation for damage and use other legal remedies for a significant breach of the agreement. 13.15. In the event that the executor breaches a contractual obligation other than timely delivery or service provision, the contracting entity has the right to demand from the executor a contractual penalty of up to 10% of the total cost of the goods or services that are the subject of the procurement contract. 13.16. If a party is in breach of a confidentiality obligation, a party has the right to claim a contractual penalty of up to 10 000,00 Euros per each corresponding breach. 13.17. In the event that the contracting Entity delays payment of the invoice, the executor has the right to claim from the contracting entity default interest stipulated in the Estonian Law of Obligations § 113 clause 1 for the unpaid sum up to 0.25% per day for each day overdue, provided that the contracting entity has been informed of the default interest within 30 days of its occurrence. The total sum of the default interest shall not exceed 10% of the sum overdue. 13.18. The contractual penalty is to secure the agreed performance of the obligation, not to replace the performance of the obligation. The imposition of a penalty does not deprive the contracting entity of the right to demand compensation from the executor for damages caused by breach of contract. 13.19. The period for claiming contractual penalties is 180 days from the discovery of the corresponding breach. 13.20. Contractual penalties and default interests are paid within 28 days from the reception of the corresponding claim, unless the parties have agreed otherwise. The contracting entity has the right to deduct the sums of contractual penalty claims and the sums of compensations from the amounts payable to the executor. 13.21. The parties have the right, by mutual agreement, to replace the contractual penalties (also partially) with an object of the agreement or goods and/or services related to the object of the agreement. The implementation of this clause does not involve the imposition of a contractual penalty, but a separate legal remedy arising from the agreement. 14. Grounds for termination of agreement 14.1. Upon termination of or withdrawal from the agreement, the contracting entity shall grant the executor a reasonable time limit for performing the agreement, which generally cannot be longer than 30 days. The deadline provided for the performance of the agreement does not exempt the party from the liability for breach of obligations. 14.2. The contracting entity is not obligated to grant the executor a time limit for performing the agreement upon the termination of/withdrawal from the agreement in the event of a significant breach of agreement. In this case, the contracting entity shall submit to the executor an application for termination of/withdrawal from the agreement within a reasonable time from becoming aware of a significant breach of agreement. The termination 11/14  of/withdrawal from the agreement is deemed to have taken place when the application for termination of/withdrawal from the agreement has been received by the executor. 14.3. Upon expiry of the additional deadline given for the performance of the agreement, the contracting entity can submit to the executor a written application for the termination of/withdrawal from the agreement. The termination of/withdrawal from the agreement is deemed to have taken place from the moment the termination or withdrawal application is received by the executor. An application for the termination of/withdrawal from the agreement is not necessary, if upon previously granting an additional deadline, the contracting entity has informed the executor in writing about the termination of/withdrawal from the agreement in the event of an unperformed contractual obligation during the given deadline. In this case the agreement shall be terminated upon the passing of the deadline provided by the contracting entity for the performance of the agreement and on the term that the executor has not offered proper performance of the agreement to the contracting entity. 14.4. Both Parties have the right to terminate or withdraw from the agreement if the other party has significantly breached the contractual obligations arising from the agreement (significant breach of contractual obligations). Significant breaches of agreement include inter alia: 14.4.1. contractual obligations are violated intentionally or due to gross negligence; 14.4.2. the executor has not performed their obligations during the additional deadline given by the contracting entity; 14.4.3. the executor notifies the contracting entity of the refusal to perform; 14.4.4. the executor has not started performing the agreement within the time that would allow the agreement to be executed on time; 14.4.5. false information or forged data is provided; 14.4.6. the obligation of confidentiality is breached; 14.4.7. the breach of obligation gives one party reasonable cause to presume that the other party will not fulfill the obligations in the future; 14.4.8. during the validity of the agreement, the executor commits breach of the law in relation to the sale of goods or the provision of services that are subject of the agreement; 14.4.9. the executor’s permits necessary for the performance of the contract expire and the executor does not extend them or the extension of permits is not possible; 14.4.10. the executor has breached the terms of the agreement more than three times, which are not mentioned in clauses 14.4.1-14.4.9. 14.5. The contracting entity has the right to terminate the agreement under extraordinary circumstances, if a bankruptcy order has been issued or liquidation process has been initiated against the executor. 14.6. The contracting entity has the right to terminate or withdraw from the agreement at any time by informing the executor at least 30 calendar days in advance. 14.7. Parties have the right to terminate the agreement at any time on mutual agreement. 14.8. In the event of terminating the agreement, the parties are not obligated to perform the agreement. In the event of a termination of or withdrawal from the agreement, the parties are obligated to return to each other everything that has been already delivered for the time following the termination of the agreement, in accordance with the Estonian Law of Obligations Act. 15. Contact persons 15.1. The contracting entity’s contact person is the corresponding category manager, who at the time of the conclusion of this agreement is C4I, Cybers and Radars Category Manager Mati Tikerpuu (phone number +372 505 0134, e-mail [email protected]). 12/14  15.2. The contracting entity’s purchasing project manager or the contracting entity’s authorized contact persons shall issue purchase orders. Authorization is granted and revoked via e-mail or is specified in the procurement contract. 15.3. The executor’s contact person is __________ (phone number ___________, e-mail _____________). 15.4. The contact persons for acceptance of the goods or services shall be agreed in the procurement contract. 15.5. All notices which do not have legal consequences shall be issued via e-mail and must be addressed to the contact persons of the agreement, unless agreed otherwise in the procurement contract. 15.6. A party shall notify the other party of any change in the contact person or other details by e-mail without delay. This notification shall not be deemed to constitute as an amendment to the agreement. 16. Final provisions 16.1. The agreement shall enter into force when the contracting entity has signed it. 16.2. The agreement is valid for 84 months from the date of entry into force or until the maximum value of the agreements specified in clause 8.1 has been met, whichever comes first. When calculating the total cost of agreements, all procurement contracts and/or submitted purchase orders based on agreements are taken into account. 16.3. The language of execution of the agreement is Estonian or English, unless the parties have agreed otherwise. In case of contradictions between Estonian and English documents, the Estonian version prevails. 16.4. The legislation of the Republic of Estonia shall be used in the performance of the agreement and in the event of disputes arising from the agreement, unless the parties have agreed otherwise. 16.5. The parties have agreed to use all measures to resolve their differences through negotiations. If no agreement is reached, the dispute will be resolved in accordance with the law of the Republic of Estonia in the Harju County Court, unless the parties have agreed otherwise. 16.6. The invalidity of a single provision of the agreement does not lead to the invalidity of the entire agreement or other provisions of the agreement. 16.7. Neither party has the right to transfer their contractual rights and obligations to third parties without a written consent of the other party. 16.8. Amendments to the agreement may be under the conditions laid down in the Estonian Public Procurement Act. 16.9. Amendments to the agreement are valid if they have been formalized in writing. Not following the written format requirement deems any amendments to the agreement void. Any amendments to the agreement shall enter into force upon signature by both parties or within a period stipulated by the parties. 16.10. The transmission of notices with legal significance between the parties must be done in writing or digitally signed by e-mail. The notice shall be deemed to have been received even if it has been delivered by the postal authority to the location specified in the return notice agreement and 5 days have passed since the notice was posted. If the notification is sent by e-mail, it shall be deemed to have been received on the following working day. 16.11. The agreement is drawn up in two copies with equal legal force and signed by hand. 16.12. The parties have the right to send the signed agreement to the other party for signature by e-mail in scanned PDF-format, which the other party signs and sends back in scanned PDF- format by e-mail. The parties are obliged to also deliver the original documents within 15 days after signing, but the agreement will enter into force from the date of the contracting entity's signature, delivered by e-mail. 13/14 17. Annexes To be specified at the time of the conclusion of the agreement. Contracting Entity Executor ___________________ ___________________ (signature and date) (signature and date) Magnus-Valdemar Saar … … 14/14 Annex 3 PROCUREMENT CONTRACT ..…...2025 No 2-2/25/…………... Estonian Centre for Defence Investments (registry code 70009764, address Järve 34a, 11314 Tallinn), Estonian Defence Forces (registry code 70008641, address Juhkentali 58, 15007 Tallinn), represented by Director General Magnus-Valdemar Saar (hereinafter the contracting entity) on the one side and Steliau Technology Italy S.P.A. (registry code 00845140151, address Via Dei Lavoratori, 5 20843 Verano Brianza MB Italy), represented by …, … pursuant to the articles of association (hereinafter the executor), contracting entity and executor may also be referred to separately as party or jointly as parties, concluded a procurement contract (hereinafter the contract) based on the negotiated procurement procedure without prior publication „Lifecycle of ASR-8 radar” (reference number 288726) and framework agreement No 2-2/25/… with respect to the following: 1. SUBJECT AND PRICE OF THE CONTRACT 1.1. The object of the contract is … (hereinafter goods/services). 1.2. The total price of the contract is ___________,__ Euros without VAT. 1.3. The contract enters into force upon signing by the contracting entity and is valid until the contractual obligations are fulfilled. 1.4. The contract is prepared in English and signed in two original copies, both having equal legal force. Each party shall keep one copy. 2. DELIVERY AND PAYMENT 2.1. The goods shall be delivered/services shall be provided within ________ weeks once the contract has entered into force. 2.2. The delivery address is _________________________, Estonia. 2.3. Person of contact for the delivery is ______________, email __________________, phone number ____________________. 2.4. Delivery instructions according to the Framework Agreement section 7. 2.5. Contact person for contractual matters is ________________, email __________________, phone number ____________________. 2.6. The invoice shall be submitted in PDF-format to [email protected] and the invoice shall include information according to the Framework Agreement section 8. 3. ANNEXES 3.1. Annex 1. Cost Form (for official use only, legal basis: Public Information Act § 35 clause 1 subsection __); 3.2. Annex 2. Security Requirements with Annexes. 1/2 4. CONTACT INFORMATION OF THE PARTIES Contracting Entity: Executor: Estonian Centre for Defence Investments Steliau Technology Italy S.P.A. Registry code 70009764 Registry code 00845140151 Järve 34a Via Dei Lavoratori, 5 11314 Tallinn 20843 Verano Brianza MB Estonia Italy Estonian Defence Forces Registry code 70008641 Juhkentali 58 15007 Tallinn Estonia ____________________ ___________________ (signature and date) (signature and date) Magnus-Valdemar Saar … Director General … Jens Hagelund Steliau Technology Italy S.P.A. 23.05.2025 No 2-7/25/2746 Procurement documents „Lifecycle of ASR-8 radar” (288726) 1. General data 1.1. Title of the public procurement: „Lifecycle of ASR-8 radar”. 1.2. Contracting Entity: Estonian Centre for Defence Investments, registry code 70009764, address Järve 34a, 11314 Tallinn. 1.3. Type of procurement procedure: negotiated procurement procedure without prior publication. 1.4. Any questions about the procurement documents should be sent to Katrin Arens and Mati Tikerpuu via e-mail: [email protected] and [email protected]. 2. Object of the public procurement 2.1. The object of the procurement is to ensure effective life cycle management of ASR-8 radar original hardware (including hardware, services and training). 2.2. This procurement also covers, but is not limited to related devices/equipment (e.g. loudspeakers, antennas, cables, gateways etc.), and if needed provide training for and other related products (systems mid-life upgrades and new systems) and/or services such as modifications and updates, accessories, spare parts and maintenance services (including analyses repairs). 3. Submission of grounds for exclusion and tender documents 3.1. Grounds for exclusion and tender documents submission deadline will be stated upon presenting the procurement documents (hereinafter PD). Submission not later than 04.06.2025 11:00 o’clock Eastern European Time (EET) using an e-mail address [email protected], a copy shall be sent to the e-mail address [email protected]. Subject line must consist: person responsible Katrin Arens, „Lifecycle of ASR-8 radar” (288726). 3.2. Grounds for exclusion and tender documents must be submitted together. 3.3. Grounds for exclusion documents contain the documents required in Clause 4. 3.4. Tender documents must contain the documents required in Clause 6. 3.5. The grounds for exclusion and tender documents must be prepared in accordance with the terms and conditions specified in the PD and may not be misleading in any way. 3.6. The tenderer shall bear all costs related to participating in the procurement. 3.7. The grounds for exclusion and tender documents must be submitted in Estonian or English. The contracting entity has the right to request translations into Estonian or English for any other language documents incl. certificates, evidence, certified statements etc. Promotional materials annexed to the tender may be in any other foreign language (preferably in English). All correspondence within the procurement process shall be carried out in Estonian or Järve 34a / 11314 Tallinn / Estonia / +372 717 0400 / [email protected] / www.ecdi.ee Registratrion code 70009764  English. Any communication with the successful tenderer within the fulfilment of the procurement contract shall also be carried out in Estonian or English. 3.8. Submitted documents must be final and must not contain any corrections or additions. 4. Structure of the grounds for exclusion documents and list of documents 4.1. Certificate of a competent authority of the country where the tenderer is established stated in PD point 5.2.1.1. 4.2. Tax certificate stated in PD point 5.2.1.2. 4.3. Certificate of a competent authority of the country where the tenderer is established stated in PD point 5.2.2.1. 5. Grounds for exclusion of tenderer 5.1. The grounds for exclusion of tenderer is based on the grounds for exclusion requirements specified in the PD. A tenderer is qualified if it has submitted all documents required in the PD and the grounds for exclusion are verified by the contracting entity and it complies with the requirements specified in the PD. 5.2. Requirements outlining the specific circumstances of a tenderer which would serve as grounds for removing the tenderer from the procurement procedure. 5.2.1. Tenderer to be excluded from the procurement procedure at any time (according to Estonian Public Procurement Act § 95 section 1 clauses 1, 2 and 3) 5.2.1.1. Tenderer, who or whose member of an administrative, management or supervisory board or another legal representative or a contractual representative involved in the public procurement has been convicted of participation in a criminal organisation, violating the duty of integrity, a corrupt act, fraud, commission of a terrorist act or of any other criminal offence linked to terrorist activities or of inciting or aiding or abetting or attempting to commit such an offence, a money laundering offence, or terrorist financing, enabling an alien who is unlawfully staying in Estonia to work here or of enabling a breach of the conditions for an alien’s employment in Estonia, including of payment of a salary below the statutory rate, illegal use of child labour or of an act related to the trafficking of human beings. Verification document: written confirmation of the absence of the abovementioned circumstances (report from the Estonian criminal records database on the absence of the circumstances or certificate of a competent authority of the country where the tenderer is established. Where the country in which the tenderer or candidate has their seat does not issue such a documents, they may be replaced by a sworn affidavit of the tenderer or candidate or of the tenderer’s or candidate’s representative or – if the country in which the tenderer or candidate has their seat does not issue such a document – by a an affidavit sworn before a competent judicial or administrative authority, notary or a competent professional or trade body in accordance with the legislation of that country -according to Estonian Public Procurement Act § 96 section 2 clause 1 and section 3. Document is submitted at least as a copy. 2  5.2.1.2. Tenderer, who has tax arrears within the meaning of the Taxation Act regarding state taxes, contributions or environmental charges or tax arrears or overdue social security contributions under the legislation of the country where the tenderer is established. Verification document: the tenderer submits a certificate from the respective authority of their country of residence on the absence of national tax arrears (according to Estonian Public Procurement Act § 96 section 2 clause 2; not earlier than as of the date of the beginning of the procurement procedure). 5.2.1.3. Tenderer, who or whose member of an administrative, management or supervisory board is a subject of an international sanction within the meaning of the International Sanctions Act. Verification: the contracting entity verifies the tenderer through public data in a database: EU Sanctions Map https://www.sanctionsmap.eu/ 5.2.2. The contracting entity may exclude from the procurement procedure (according to Estonian Public Procurement Act § 95 section 4 clause 3) 5.2.2.1. Tenderer, who are bankrupt or in liquidation, against whom bankruptcy or liquidation proceedings have been initiated, whose business activities have been suspended or who is in another similar situation under the legislation of the country where the tenderer is established. Verification document: certificate of a competent authority of the country where the tenderer established regarding the circumstances specified. Document is submitted at least as a copy (for an example extract from business register of the country where the Tenderer is established). 6. Structure of the tender documents and list of documents 6.1. Tenderer submits a document describing the following strategies: 6.1.1. Specify the standardized method how the maintenance system is built up and what is the maintenance strategy, for example according to IEC 61508 series, SAE JA1011 and SAE JA1012. Maintenance strategy examples in general: corrective (maintenance is carried out following detection of an anomaly), preventive (by defined intervals or criterias), risk-based (test or analysis-based) and condition- based (by equipment monitoring). 6.1.2. Specify the pricing strategy based on maintenance strategy. Is the strategy hourly-, service-based, or something else? 6.1.3. Tenderer submits the document in free form. If deemed necessary, additional documents will be submitted. 6.2. Suggestions, proposals and comments about the Framework Agreement draft (Annex 1 to PD) and Procurement Contract draft (Annex 3 to PD). 3  6.3. Document(s) which state the power of attorney of the person who has signed the tender. If a person who does not have the power of attorney signs the tender, then an authorization letter must be accompanied with the tender documents. 6.3.1. If the tenderer is not able to sign documents digitally by Estonian ID card or mobile ID, documents are submitted as scanned copy of signed papers of originals. 7. Submitting a tender and the compliance to the PD 7.1. Tender is submitted at the same time with qualifications documents. 7.2. Tender meets the compliance requirements if tenderer has submitted all tender documents required in the PD and the compliance is verified by the contracting entity and it complies with the requirements specified in the PD (according to Clause 6). 7.3. The contracting entity has the authority to not conclude a contract if new circumstances have come to light during the procurement proceedings which preclude concluding the procurement procedure under the terms and conditions set out in the PDs or make the same inadvisable for the contracting entity. 8. Validity period of the tender 8.1. The validity period of the tender shall begin on the deadline of submitting the tender and last for 120 days. 9. Final provisions 9.1. In matters not regulated by the PD, the contracting entity and tenderer shall be governed by the Estonian Public Procurement Act. Sincerely, Mati Tikerpuu Strategic Category Manager C4I, Cyber & Radars Annexes: 1. 20250519_Public_ECDI_Annex_1_Framework_Agreement_draft.docx; 2. 20250519_Public_ECDI_Annex_2_Security_Requirements_with_Annexes.docx; 3. 20250519_Public_ECDI_Annex_3_Procurement_Contract_draft.docx. 4 Annex to the 23.05.2025 contract No 2-7/25/2746 SECURITY REQUIREMENTS The location of the public procurement object is in the restricted military area of the Defence Forces and due to that, the contracting party is notified of the following conditions: 1. Purpose of giving notice of security conditions The purpose of giving the contracting party notice is to explain to the contracting party the relations, rights and obligations of the parties in adhering to security requirements in the restricted military area of the Defence Forces. 2. Definitions 2.1. Giving notice, the following definitions shall apply: 2.1.1. Person to be checked – employee of the contractor or subcontractor who is subject to a background check, having given his or her prior written consent when applying for the right to enter to the restricted military area of the Defence Forces. 2.1.2. Background check – inspection of the circumstances provided for in § 413 of the Estonian Defence Forces Organisation Act with the purpose of ensuring the security of the Defence Forces and to decide on allowing the person to be checked to enter the restricted military area of the Defence Forces. 2.1.3. Structural unit of the Defence Forces – in the meaning of § 12 and § 13 of the Estonian Defence Forces Organisation Act. 2.1.4. Restricted military area of the Defence Forces – in the meaning of § 50 of the Estonian Defence Forces Organisation Act. 2.1.5. Subject-matter of the public procurement – the area of work located in the restricted military area of the Defence Forces intended for performing the contract. 2.1.6. Security requirements – the general security requirements specified in this document, incl. the requirements related to conducting background checks and the requirements established to ensure the security of the Defence Forces arising from other legal acts. 2.1.7. Access application – document, that the contractor’s responsible person is obligated to submit in order to initiate a background check of the person to be checked and for that person to obtain a right to access the site. Access application can be submitted using the attached sample or by sending a free-form e-mail to the e-mail address: [email protected]. Completed background check consent forms shall be attached to the application. 2.1.8. Consent form – document form accompanying the access application that the person to be checked is required to complete. 2.1.9. Right of access – the right to be present at the site in connection to performing the contract. One of the prerequisites for obtaining the right of access is to pass a background check. 2.1.10. Person with the right of access – employee of the contractor or subcontractor who has passed the background check and who has the right to enter and stay at the site unaccompanied in connection with performing the contract. Person with the right of access shall be admitted to the object under the conditions established by the specific structural unit of the Defence Forces. 1/4  2.1.11. Person with a special right of access – person with the right of access who, only in exceptional cases and with the prior approval of the responsible person of the Defence Forces, has the right to enter and stay at the site with an escort of the contractor in connection with performing the contract. 2.1.12. Responsible person of the Defence Forces – person appointed by the Defence Forces who is responsible for compliance with the security requirements at a site in a specific restricted military area of the Defence Forces. 2.1.13. Responsible person of the Estonian Centre for Defence Investments – contractual contact person, through whom the performance of contractual obligations and the forwarding of the notices, requirements and other documents prescribed in the contract is organized. 2.1.14. Responsible person of the contractor – person appointed by the contractor responsible for compliance with security requirements. 2.1.15. Responsible person at the site – person appointed by the contractor responsible for compliance with security requirements at the site located in the restricted military area of the Defence Forces. Person referred to in clauses 2.1.14 and 2.1.15 may be the same person. 3. Rights and obligations of the contractor 3.1. Contractor has the right to: 3.1.1. receive from the responsible person of the Defence Forces information necessary for fulfilling security requirements; 3.1.2. receive information on obtaining a right of access from the responsible person of the Defence Forces, dependent on the results of the background check. 3.2. Contractor is obligated to: 3.2.1. ensure the provision of the service agreed upon in the contract only by a person with a right of access; 3.2.2. ensure the compliance of the person with a right of access, incl. a person with a special right of access, with the conditions established in the restricted military area of the Defence Forces and to ensure the compliance of the subcontractor as well; 3.2.3. not to make a plan whereby the service would be provided by a person: 3.2.3.1. to whom a right of access has not been granted; 3.2.3.2. who has not undergone a background check; or 3.2.3.3. who has a special right of access but the right of access has not been coordinated; 3.2.4. submit the following documents to the e-mail address [email protected], that are required to be presented in order to obtain a right of access and initiate the background check as soon as possible, ad not later than seven (7) working days before the commencement of the work agreed upon in the contract, of the physical person providing a service at the site 3.2.4.1. access application (see example), and 3.2.4.2. completed and handwritten (scanned) or digitally signed consent of the person to be checked; 3.2.5. forward the original documents of the consents indicated in the aforementioned clause to the postal address: Defence Forces, Magasini 31A, 10138, Tallinn; 3.2.6. indicate in the free-form access application: 3.2.6.1. the forename and surname, personal identification code of the natural person providing the service and the name of the contractor and / or subcontractor; 3.2.6.2. justification for obtaining the right of access, i.e. description of the service or work to be performed at the specific site; 3.2.6.3. reference to the contract concluded and the term of the contract; 2/4  3.2.6.4. information on the vehicle (make/model and registration number) with which the restricted military area of the Defence Forces would be accessed; 3.2.6.5. contact details of the contractor’s representative (e-mail address, phone number); 3.2.6.6. signed consent of the person to be checked; attach it to the applicatio 3.2.7. add the following to the application for gaining right of access and initiating a background check for an alien: copy of the picture page of the identity document, incl. a visa or other document confirming the legal basis for staying in Estonia; 3.2.8. confirmation and certification of granting, possessing and extending the legal basis for the employment of an alien in Estonia (Aliens Act § 19 and § 20); 3.2.9. submit a new access application together with the person’s consent, if, as a result of the background check of the person being checked, a right of access has not been obtained; 3.2.10. maintain an up-to-date list of persons with a right of access, and to update, at the end of each calendar year, the list of employees who will continue to provide the service during the new calendar year, to this end an up-to-date list shall be sent to the e-mail address [email protected]; 3.2.11. notify without delay of a person with a right of access no longer needing access to the site, by sending an e-mail to [email protected]; 3.2.12. notify without delay the responsible person of the Defence Forces of any security requirement violations or suspicions of violations at the site. 4. Rights and obligations of the Defence Forces 4.1. The Defence Forces have the right to: 4.1.1. conduct a background check on the person to be checked, this is generally done within seven (7) working days of receiving a proper access application and consent; 4.1.2. conduct a new background check if the conditions specified in clause 3.2.9 are met, following the deadlines set forth in clause 4.1.1; 4.1.3. in other justified cases, extend the deadline for a background check by up to seven (7) working days, giving notice of this to the responsible person of the Contractor in a form that can be reproduced in writing; 4.1.4. establish security requirements, notifying the responsible person of the Contractor of these without delay; 4.1.5. grant a right of access to the person being checked or restrict that person’s right of access or grant the right of access to that person with a special condition on the basis of circumstances revealed in the background check; 4.1.6. refuse to grant a right of access for security reasons, incl. to a person who has not been a subject of a background check or to a person who cannot be subjected to a background check, but also to refuse to coordinate the right of access of a person with a special right of access; 4.1.7. restrict access to military restricted areas for stateless persons or persons with foreign citizenship, adhering to right of access to state secrets, the need to know and other requirements provided for in the State Secrets and Classified Foreign Information Act; 4.1.8. prohibit the person checked from entering the site if no consent was submitted or if it was submitted incorrectly; 4.1.9. check the observance of security requirements established at the site with regard to a person with a right of access and / or to a person with a special right of access; 4.1.10. prohibit the person referred to in clauses 2.1.10 and 2.1.11 from staying in the restricted military area of the Defence Forces in the event of non-compliance with or violation of security requirements. 3/4  4.2. The Defence Forces undertakes to: 4.2.1. notify, in a form reproducible in writing, the responsible person of the Contractor in writing of a person checked being given a right of access, incl. the relevant restrictions at the site; 4.2.2. notify the responsible person of the Contractor of determining a violation of the security requirements by a person with a right of access or a special right of access, which excludes him or her from acquiring a further right of access to the site; 4.2.3. introduce the security requirements established at the site or amendments thereto to the person with a right of access, incl. person with a special right of access. 4.3. The contacts of the responsible person of the Defence Forces (clause 2.1.12), the responsible person of the Centre for Defence Investment (clause 2.1.13), the responsible person of the contractor (2.1.14), the responsible person at the site (clause 2.1.15) shall be determined upon concluding the contract. 5. Final provisions 5.1. A party shall notify the other party in writing of a change of responsible persons in a format which can be reproduced in writing. 5.2. During the processing of personal data, the requirements of the applicable legislation are adhered to. 5.3. The Defence Forces have the right to make extraordinary proposals to the Estonian Centre for Defence Investments to terminate the contract regardless of the period for giving notice, if the contractor violates the obligations specified in clauses 3.2.1. – 3.2.4, the confidentiality requirement provided in the contract is not observed or the contractor’s or subcontractor’s employees do not comply with the requirements established in the restricted military area of the Defence Forces. 4/4  ESTONIAN DEFENCE FORCES FOR INTERNAL USE ONLY Restrictions on access apply as of the date the form is completed and as long as required but no longer than 75 years. Legal grounds: Public Information Act clause 35 (1) 12) APPLICATION FOR GAINING ACCESS TO THE RESTRICTED MILITARY AREA OF THE DEFENCE FORCES ACCESS APPLICATION [Registration number] [………..……] date With this application, I confirm that [company name] has concluded a contract with [name of the institution] and has a need to gain access to the restricted military area of the Defence Forces in connection with Contract No. [Contract No.]. The Contract shall remain in force from [start date of the contract] to [end date of the contract]. [Name of the company] performs in the restricted military area of the Defence Forces [purpose of the contract, nature of the works] and applies for a right of access to the following sites: 1. Name of the site: [name of the site] Address: [address] Responsible person at the site: [forename and surname], [phone number], [e-mail address] Responsible person of the Defence Forces: [forename and surname] 2. etc. With regard to need to access the aforementioned sites of the Defence Forces, the contractor [company name] requests that a background check be initiated on the following person(s) as employees of the contractor [company name] [and name of the subcontractor], based on the consent of the persons (signed consent forms attached to the application) and vehicles noted in the access application. Employees of the main contractor [company name]: 1. [forename and surname, personal identification code] 2. etc. Employees of the subcontractor [company name]: 1. [forename and surname, personal identification code] 2. etc. Vehicles: 1. Registration numberMake / model 2. etc. The contractor is aware that, depending on the result of the background check, the Defence Forces has the right to restrict the access of persons to the restricted military area of the Defence Forces and that successfully passing the background check does not guarantee automatic access to the restricted military area of the Defence Forces. [Signature] [forename and surname] [Position] 1/1  ESTONIAN DEFENCE FORCES FOR INTERNAL USE ONLY Restrictions on access apply as of the date the form is completed and as long as required but no longer than 75 years. Legal grounds: Public Information Act clause 35 (1) 12) KINNITATUD Kaitseväe juhataja 07.02.2025 käskkirjaga nr 223 Lisa nr 4 AUTHORISATION FOR BACKGROUND CHECK FOR A PERSON APPLYING TO GET CLEARANCE TO ENTER THE RESTRICTED MILITARY AREAS OF THE ESTONIAN DEFENCE FORCES FOR THE PROVISION OF SERVICES (first and last name) Personal identification code: I hereby authorise the Estonian Defence Forces to process my personal data in order to obtain clearance to access restricted military areas for the duration of my service provision agreement but no longer than five years after I gave authorisation. By giving this authorisation, I confirm that I am aware of the following conditions: 1. The Estonian Defence Forces (EDF) has the right to conduct a background check in accordance with section 415 of the Estonian Defence Forces Organisation Act (hereinafter the EDFOA). 2. I have the right to refuse to authorise the background check (clause 416 (2) 1) of the EDFOA). 3. I have the right to refuse to disclose information that might cause myself, my partner or a person close to me to become subject to offence proceedings (clause 416 (2) 2) of the EDFOA). 4. I have the right to request the termination of collecting my data or making queries about me (clause 416 (2) 3) of the EDFOA). 5. I have the right to give explanations about the information collected about me (clause 41 6 (2) 4) of the EDFOA). 6. I have the right to turn to the court, the Chancellor of Justice and the Data Protection Inspectorate to protect my rights and challenge the decisions made about me based on the data collected in accordance with section 416 of the EDFOA to verify that my data is collected in compliance with my fundamental rights and freedoms and the principle of good governance (clause 416 (2) 5) of the EDFOA). 7. If I refuse to authorise or request the termination of collecting my data or making queries about me, this serves as the grounds for not giving me clearance to enter the restricted military area of the EDF (section 417 of the EDFOA). 8. The EDF has the right to restrict my rights regarding the personal data being processed (clause 41 10 (3) 4) of the EDFOA). 9. When I am on the restricted military area of the EDF (subsection 52 (3) of the EDFOA), I am obligated to follow the order in force in the EDF (including the order for fire safety, traffic and parking) and the orders of representatives of the EDF (subsection 52(2) of the EDFOA), and I am aware that 9.1. it is forbidden to enter the restricted military area of the EDF while in the possession of alcohol or narcotic or psychoactive substances, firearms, explosives, partially or fully automatic or remote-controlled flying objects (e.g. drones), radioactive and easily flammable substances or 1/2  ESTONIAN DEFENCE FORCES FOR INTERNAL USE ONLY Restrictions on access apply as of the date the form is completed and as long as required but no longer than 75 years. Legal grounds: Public Information Act clause 35 (1) 12) items that contain such substances, and other things that might endanger myself or other persons, technology and equipment on the premises; 9.2. third persons cannot be brought to or allowed to enter the restricted military area of the EDF without the permission of the EDF; 9.3. the person entering the restricted military area of the EDF in a vehicle is obligated to cover up, turn off or remove all on-board cameras with video and/or audio recording; 9.4. the EDF has the right to detain a person (or a vehicle) entering, staying in or leaving the restricted military area of the EDF to conduct a security inspection and check the person (including their clothing, possessions and vehicle) by visual inspection, groping, or with a technical device or a trained service dog; 9.5. for security and safety reasons, the EDF can temporarily prohibit a person from entering the restricted military area, or to order the persons staying in the restricted military area of the EDF to leave, or to prohibit them from leaving; 9.6. without a prior consent of the EDF, it is forbidden to take photographs or videos or make audio recordings in the restricted military area or buildings of the EDF, and to share/upload such recordings in any form or environment; 9.7. it is forbidden to stay in the restricted military area of the EDF under the influence of alcohol, narcotic, or psychoactive substances, or with the suspicion or signs of such influence; 9.8. it is forbidden to display symbols of aggression (including in vehicles) in the restricted military area of the EDF. (day, month, year) [ signed digitally ]1 1 Can also be signed on paper 2/2