Annex 4
to the Public Contract ………….……..
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.
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;
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.
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.
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]
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
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
Annex 1
to the Public Contract ………….……..
Technical specification
Related procurement “Components of food packages”
(reference number 284216)
1. General description
1.1. The subject-matter of the procurement is the purchasing of food package components, with
the delivery of the components to the packager (contractual partner of the Contracting
Authority).
1.2. The components of the food package include, for example, but are not limited to:
1.2.1. main course (breakfast/lunch/dinner) – to be consumed by mixing with cold/hot water
or consumed cold or reheated (vacuum cooking bag to be heated in boiling water in a
sealed package and with a heating element), e.g. dish/soup made of pasta, potatoes,
rice, buckwheat, vegetables, cereals or legume vegetables; porridge, muesli, egg dish,
pudding;
1.2.2. cereal product – e.g. bread, white bread, rusks, crispbread, etc;
1.2.3. sandwich topping (savoury topping) – e.g. fish, meat, sausage, pâté/sandwich cover
(liver/meat/poultry/fish/combined meat product), etc;
1.2.4. dessert – a packaged product, e.g. chocolate, sweets, fruit mix, halvah, biscuit, fruit
and nut mixes, muesli bars, nut butters, condensed milk, etc;
1.2.5. snack (savoury or sweet) – e.g. cured meat, cheese balls, nut mixes, freeze-dried
berries, fruit, etc;
1.2.6. energy-rich products – protein powder (natural if possible, must not contain
genetically modified raw materials), energy drink, multivitamin drink or isotonic drink
in the form of a soluble powder, tablet or concentrate, energy gel, energy bar, protein
bar, etc;
1.2.7. beverages (portioned) – e.g. tea with lemon, black tea, green tea, fruit/berry tea or
soluble coffee, 3in1 or 2in1, to be consumed by adding hot water;
1.2.8. Non-edible components – e.g. heating element, matches, plastic bag for mixing food,
etc.
1.3. The components of the food package must comply with the conditions set out in the linked
contract for the products to be purchased (Annex 2 to the contract, Tender).
1.4. The Tenderer (in the contract, Seller) is prohibited from offering products of companies that
operate in Russia and thereby benefit from doing business in the aggressor country and, by
paying taxes in the aggressor country, support Russian aggression in Ukraine.
At the moment, these companies are: Alibaba Group Holding Limited, Auchan, Barry Callebaut,
Bacardi, Bolero Group, Bonduelle, Buzzi Unicem, Camozzi Group, China National Offshore Oil
Corporation (CNOOC), China National Petroleum Corporation, China Railway Construction
Corporation, China State Construction Engineering Corporation, CK Birla Group, Comnav
Technology Ltd., Dahua Technology, Danieli, DP World, DMG Mori Aktiengesellschaft, eKassir
Osaühing, ESAB (Elektriska Svetsnings-Aktiebolaget), Fluxys, Great Wall Motor, Houston
Astros, Hikvision, Japan Tobacco International, Kerui Group, Knauf, Leroy Merlin, Liberian
International Ship & Corporate Registry (LISCR), Mars Inc., Metro AG, Mondelēz International,
Inc., Nestlé, OpenWay Group, PepsiCo, Philip Morris International, Procter & Gamble,
Rockwool International, SLB, Shandong Odes Industry Co., Ltd., Sinopec, Şişecam Group,
Spinner, Subway, Unilever, Vičiūnai Group, Xiaomi Corporation, Yves Rocher, Zhejiang Geely
Holding Group.
The list of companies mentioned above is subject to change during the contract period. The
Contracting Authority (in the contract, Buyer) may at any time specify the list of products and
1/6
their admissibility with the Tenderer and, if necessary, the Tenderer must substitute a product
from a company not included in the list above.
1.5. The ediblecomponents of the food package must be able to withstand temperatures of 0 °C to
+25 °C and short-term (up to seven (7) days) temperatures of -30 °C to +40 °C.
1.6. The edible components of the food package must preserve for at least 42 months from the
time they are handed over to the packer. The shelf-life requirements for the components of
the food package are based on food package stocks and their rotation.
1.7. When handing over the components of the food package to the packer, the packer shall draw
up a instrument of delivery and acceptance, which shall include the name of the food package
component, the quantity, the shelf life, the quantity of containers and the price (without and
with VAT). The act shall be drawn up in two (2) copies: one for the Tenderer and one for the
packer. After handing over the components of the food package to the packer, the Tenderer
shall electronically forward a copy of the act signed by themselves and the packer to the
Contracting Authority.
2. Definitions
2.1. For the purposes of this document and the related procurements, the following definitions are
used:
Component – a food package is made up of different components which, for the Contracting
Authority, are finished products that can be eaten, either cold or reheated. Non-edible
components such as chewing gum, disinfecting napkin, heating element, matches, etc., may
also be included in the food package.
Side dish – anything that is not a main course – cereal dish, sandwich topping, dessert, snack,
energy-rich product, drinks.
Rations – a method of separation between packets of dry food. Rations are mainly
distinguished by the main courses.
Main course – Usually the most energy-dense, nutritious, complex and the largest meal (main
course), usually consisting of protein with a supplement.
Shelf life – the end of the shelf life is the last day of the food handler’s shelf life, expressed as
“valid until” or “best before” on the product.
Pallet – pallet on which grouped packaging are loaded (e.g. Euro pallet).
Grouped packaging – second level packaging that is loaded on a pellet.
3. Product requirements
3.1. Detailed requirements for the components of the food package are set out in the tender form.
3.2. Heating element
3.2.1. Heating element weight up to 80g.
3.2.2. The heating element consists of a mixture of aluminium, magnesium or similar
substances and additions necessary for the reaction.
3.2.3. Heating element dimensions 100x120 mm (+/- 10 mm).
3.2.4. The heating element must be capable of heating 300 g of food (internal temperature
of the food is 0 °C) packed in a pouch to a minimum of 45 °C within a maximum of 25
minutes after the start of the reaction at an external temperature of 0 °C.
3.2.5. The heating element must be packed in airtight packaging.
3.2.6. The lifetime (shelf life) of the heating element must be a minimum of 30 months from
the moment the products are handed over by the Tenderer to the Contracting
Authority's warehouse or stores.
3.2.7. The packaging of the heating element must contain a description of the product's
composition, properties, hazards, storage conditions, date of manufacture and/or
expiry date and instructions for use in Estonian and English.
2/6
3.3. Heating bag
3.3.1. Heating bag shall be durable at the operating temperature of the heating element.
3.3.2. The heating bag may not deform or chemically react during the use of the heating
element.
3.3.3. The heating bag must be usable at least once. If the heating bag is for multiple use, it
must be marked as such on the bag and there must be a possibility of marking down
the number of times the heating bag has been used.
3.3.4. The approximate dimensions of the heating bag are 300x300 mm (+/- 30 mm).
3.3.5. The heating bag shall be resealable by means of a zipper.
3.3.6. Instructions for use in English and Estonian with text must be printed on the heating
bag.
3.4. Heating element and heating bag
3.4.1. The Tenderer must prepare an instructional video for the Contracting Authority,
explaining the risks, operating procedures and precautions of both products.
3.4.2. The colour of the packaging of the heating bag and the heating element must be in
neutral tones and must not bear a brand logo or name. The labelling of the
manufacturer’s and/or Tenderer’s information must not be distinguishable from the
rest of the information.
3.4.3. Only information in Estonian and English may appear on the packaging of the heating
bag and the heating element, information in other languages must not appear on the
packaging (including on the packaging material).
3.5. Samples
3.5.1. Successful tenderers must submit to the Contracting Authority, within 45 days at the
latest after the award of the contract, the samples of the product specified in the
Contract. The samples do not need to be packed in the packaging required by the
procurement conditions.
3.5.2. If the samples are not submitted in the packaging required by the procurement
conditions, the successful Tenderer must submit the samples of the packaging
separately, either physically or digitally, also within 45 days after the awarding of the
Contract.
4. Declarations of conformity of products
4.1. The declaration of compliance is a written document issued by the food manufacturer stating
that the food complies with the legal or regulatory requirements laid down in the legislation
set forth in clause 5 or with other sector-specific regulatory requirements.
4.2. The declaration of compliance shall state that the foodstuff complies with the requirements
listed in the declaration, provided that further handling is carried out in accordance with the
conditions specified by the issuer.
4.3. A declaration of compliance is issued for a fixed period for the continued manufacture of the
same food or for a batch. A batch is a quantity of foodstuffs of the same name and the same
characteristics produced, prepared or packaged under the same conditions. The batch must
be clearly marked.
4.4. The Tenderer shall submit declarations of conformity for the products offered when submitting
the related tender.
5. Standards
5.1. The products offered must comply with the following specifications, unless otherwise specified
in the contract:
3/6
5.1.1. Packaging Act;
5.1.2. European Commission Implementing Regulation No 828/2014;
5.1.3. Food Act
6. Product marking
6.1. When submitting a tender for a related procurement, the Tenderer shall provide the
information valid on the packaging of the component at the time of submission of the tender.
The Tenderer is obliged to inform the Contracting Authority immediately if the information on
the packaging, including the composition, changes. The Contracting Authority does not accept
any subsequent discrepancies between the packaging and Annex 2 to the Contract.
6.2. When signing the orders to be submitted under the Contract, the Tenderer confirms that the
product information has not changed compared to the time of submission of the related
tender and that the packaging of the products to be delivered shall bear the data as specified
in Annex 2 to the Contract. The translation stickers of the packaging must also correspond to
the information printed on the packaging.
6.3. The edible components of the food package must be labelled with the following information
in Estonian and English:
6.3.1. title;
6.3.2. manufacturer;
6.3.3. shelf life;
6.3.4. weight;
6.3.5. nutrient content must be given to two decimal places (energy, protein, fat,
carbohydrate, fibre, saturated fatty acids and salt content); in the case of foods
enriched with vitamins and minerals, the percentage of vitamins and minerals per the
average adult’s daily requirements;
6.3.6. method of preparation;
6.3.7. lot number;
6.3.8. EAN code;
6.3.9. Private label packaging (different from retail packaging).
6.3.9.1. On the tender form, there are some products specified, which does not apply to
private label packaging requirements.
6.4. Heating element and heating bag labelling
Product marking
6.4.1. The heating bag and the packaging of the heating element must be provided with the
following information in Estonian and English:
6.4.2. title;
6.4.3. manufacturer and/or seller;
6.4.4. shelf life;
6.4.5. weight (heating element only);
6.4.6. batch number.
Marking of grouped packaging
6.4.7. the labelling of group packaging must include the following:
6.4.8. product designation;
6.4.9. quantity per box;
6.4.10. batch number;
6.4.11. manufacturer and/or seller;
6.4.12. safety signs, where appropriate.
6.4.13. a Euro pallet loaded with grouped packaging must contain the following:
6.4.14. product designation;
4/6
6.4.15. quantity per pallet;
6.4.16. batch number;
6.4.17. manufacturer and/or seller;
6.4.18. safety signs, where appropriate.
7. Packaging
The Tenderer shall submit with the tender a declaration that the products comply with the
requirements laid down in the Packaging Act.
7.1. Packages and storage materials
7.1.1. Packages and storage materials must be provided by the Tenderer.
7.1.2. The Tenderer assembles, packs and labels the products in accordance with the order
placed under the contract.
7.1.3. The packaging must ensure that the goods remain unaltered during transport to their
destination.
7.1.4. The Tenderer must assemble the goods on an Euro pallet with dimensions
1200x800x140mm. Euro pallets must be certified and comply with UIC 435-2 and ISO
6780 standards.
7.1.5. The pallets must be film-wrapped.
7.1.6. The height of a loaded pallet can be a maximum of 1600 mm, including the Euro pallet.
7.2. Packaging of the heating element and heating bag
7.2.1. Packages and storage materials must be provided by the Tenderer.
7.2.2. The Tenderer assembles, packages and labels the heating elements and the heating
bags in accordance with the order placed under the contract.
7.2.3. A brown/brown cardboard box should be used as the grouped packaging box, which is
moisture resistant and has an outer layer made of kraftliner paper (strength index at
least 7.1kN/m).
7.2.4. Approximate overall dimensions of the grouped packaging – width 40 cm, length 30
cm, height according to the number of heating elements in the box.
7.2.5. Grouped packaging must ensure that the goods remain unaltered during transport to
their destination and allow for transport over rough terrain.
7.2.6. The Tenderer must assemble the grouped packaging on a Euro pallet with the
dimensions of 1200x800x140mm. Euro pallets must be certified and comply with UIC
435-2 and ISO 6780 standards. Pallet has 8 grouped packaging boxes in layers.
7.2.7. Grouped packaging must be film-wrapped on the pellet.
7.2.8. The height of a loaded pallet can be a maximum of 1600 mm, including the Euro pallet.
7.2.9. Packages must be as compact as possible and properly packed.
7.2.10. Grouped packaging must not leave too much free space on top of the packs inside the
box, and when stacking boxes on top of each other, the bottom boxes must not be
crushed.
7.2.11. If the Contracting Authority finds that the packaging is not compact (e.g. too much free
space in the grouped packaging) and properly packed or the grouped packaging is not
correctly placed on the base (e.g. breaking of the grouped packaging), it has the right
to require a change in the packaging of the packages and the goods on the pallet.
7.2.12. The approximate quantities and dimensions of the heating element and the heating
bag in the grouped packaging and the quantity of the grouped packaging on a pallet
shall be regulated in the order placed by the Contracting Authority.
7.2.13. The Tenderer must include a supplementary sheet with additional information on the
use of some of the products on the heating elements, if the Contracting Authority so
requests.
7.2.14. The Contracting Authority has the right, with the prior agreement of the Tenderer, to
check the packaging of the heating elements and heating bags.
5/6
8. Delivery terms
8.1. The Tenderer shall ensure the transport of the duly packaged goods to the location of the
packager indicated by the Contracting Authority within Harju County. The exact location and
contact details of the packager are communicated electronically by the Contracting Authority
to the contact person of the Tenderer indicated in the Contract.
8.2. Pallets are non-returnable and must be included in the price of the goods.
8.3. The Tenderer shall agree on the delivery date(s) with the packer at least three (3) working days
before delivery.
8.4. Receipt of the goods is carried out on the days and times specified by the packer.
8.5. If the Tenderer delivers the ordered quantities in several deliveries, they shall send delivery
summaries by e-mail to the Contracting Authority after each delivery, indicating the total
quantity delivered and the quantity ordered and including the estimated date of delivery.
9. Accompanying documents
9.1. Accompanying documents must include:
9.1.1. details of the Contracting Authority and the Tenderer – including the following
information on both parties:
• title;
• address;
• name of the contact person;
• phone number;
• email address.
9.1.2. details of the Contract (to be provided at the time of signing the Contract):
• public contract number;
• reference number of the public procurement;
• order number;
9.1.3. item information:
• title;
• code;
• best before date;
• quantity per batch;
• cost (unit price, total amount);
• delivery address;
• date of delivery.
10. Transfer of goods
10.1. The Tenderer hands over the goods to the packer by means of a handover-acceptance
certificate. The document must contain the product designation, quantity, shelf life and EAN
code.
10.2. The Tenderer shall transmit the signed document to the Contracting Authority not later than
within 2 working days after signing.
6/6
Annex 3
to Public Contract …………..……..
GENERAL TERMS AND CONDITIONS OF THE PUBLIC CONTRACT
1. Basis and subject matter of award of the public contract
1.1. This public contract is awarded based on the procurement documents of the dynamic
purchasing system “Food packs, their components and packaging” (reference number
270369) and the tender submitted by the seller in the related procurement “Food packs
components” (reference number 284216).
1.2. The buyer has entered into a public contract with the seller, based on the tender,
declarations and warranties submitted by the seller and assuming in good faith the
professionalism and ability of the seller to perform the public contract properly. If
subcontractors are used, the seller remains liable before the buyer for the proper
performance of the public contract.
1.3. The seller declares and warrants that:
1.3.1. they and their representative have all the rights and powers to enter into the public
contract;
1.3.2. they have familiarised themselves with the public contract and the procurement
documents of the related procurement and fully understand the content and
consequences of the obligations they assume and agree with the conditions stated
in them;
1.3.3. the execution of the public contract does not harm the rights of third parties and
there are no circumstances that would exclude their rights to enter into the public
contract and perform it properly;
1.3.4. they have the valid permits, registrations, representation rights and certificates
necessary for the execution of the public contract, and upon their expiration during
the contract’s validity period, they undertake to extend/renew them. If the
extension/renewal of permits, registrations, representation rights and certificates is
not possible due to circumstances beyond the seller’s control, the contractor is
obliged to immediately inform the buyer thereof;
1.3.5. third parties do not have any claims or other rights with respect to the goods
delivered to the buyer which third parties have the right to enforce against the goods;
1.3.6. the goods supplied by the contractor are not subject to international sanctions and
do not originate from sanctioned regions within the meaning of the International
Sanctions Act.
1.4. The subject matter of the public contract is the goods and/or services described in the
technical specifications of the procurement.
1.5. The seller undertakes to sell goods and/or provide a service to the buyer and the buyer
undertakes to accept the goods and pay the price of the goods and/or service to the seller in
money under the general terms and conditions of the public contract (hereinafter the general
terms and conditions) and the conditions set out in the public contract. If the goods are
acquired together with a life-cycle supporting service or other service, the terms of contracts
for the provision of services as stipulated in the Law of Obligations Act apply to the service
to the extent that they are not regulated in the procurement documents.
1.6. The type or specification of goods, quantity, content of the service, the times and places of
delivery are set out it the invitation to tender of the related procurement and/or purchase
order and/or public contracts.
1.7. The goods must comply with the conditions of the related procurement, the invitation to
tender and the tender submitted by the seller. The delivered goods/service must comply with
the conditions, including in terms of quality, type, description and quantity. The documents
1/8
accompanying the goods/services and the packaging of the goods must also meet the
conditions.
2. Public contract and the parts thereof
2.1. Purchase orders involving a financial commitment are also considered to be public contracts.
2.2. The invitation to tender, related procurement documents, the tender of the seller and its
annexes, the clarifications and written confirmations submitted during the public
procurement procedure, all of the notices exchanged between the parties, the general terms
and conditions and any of the amendments made to the public contract form and integral
part of the public contract.
3. Rights and obligations of the buyer
3.1. The buyer has the right to request and verify, on an ongoing basis, the performance of the
obligations under the public contract and the documents concerning the purchase of
goods/services.
3.2. The buyer has the right to verify the correctness and accuracy of the invoices, calculations
and other expenses submitted by the seller. If necessary, they have the right to demand
invoices from subcontractors.
3.3. The buyer has the right to consult the seller on matters related to the goods/services, such
as the delivery and use of the goods.
3.4. If the buyer needs to purchase goods and/or services not specified in the public contract
concluded under the related procurement, the performance of the public contract is
conducted according to the following procedure:
3.4.1. The buyer submits a price inquiry to the seller.
3.4.2. The seller submits a tender together with the cost of the goods and/or services not
later than within 5 (five) working days (unless a longer time limit is agreed in the
public contract) after receipt of price inquiry from the buyer. If the seller is unable
to meet this deadline, they will notify the buyer immediately.
3.4.3. The buyer agrees to the tender by placing a purchase order or awarding a public
contract or refuses the tender within 14 (fourteen) days at the latest. If the buyer
does not respond to the tender within 14 (fourteen) days, it is considered a refusal.
3.4.4. The buyer has the right to compare the seller’s tender with market prices and ask
for an explanation if the seller’s tender is higher than the market price. The buyer
is not obliged to purchase the goods and/or services if the buyer’s / contracting
authority’s needs have changed, the price of the goods and/or services is higher
than the market price or in the event of any other circumstance that makes the
purchase impractical for the buyer.
3.5. The buyer undertakes to pay for goods/services received without any defects.
4. Rights and obligations of the seller
4.1. The seller undertakes to submit, at the request of the buyer, for the specified period, a
consolidated statement of the goods purchased from the seller (including the date of the
award of the public contract or purchase order, name, quantity and cost without VAT of the
goods, the total value of public contracts / purchase orders without VAT, etc) in MS Excel or
another format agreed with the buyer within 10 (ten) days of receiving the corresponding
request, unless otherwise agreed by the parties.
4.2. The seller undertakes to provide information (volume and purpose) about subcontractors at
the request of the buyer. If the seller has submitted the relevant information prior to the
award of the public contract, the seller must co-ordinate the change of above-mentioned
persons with the buyer in advance.
4.3. The seller undertakes to inform the buyer of the circumstances preventing the performance
2/8
of the public contract.
4.4. The seller undertakes to immediately inform the buyer of a cyber attack and cyber incident
against the seller, and to submit a cyber incident report to the buyer at the request of the
buyer.
4.5. The seller undertakes to comply with the terms of fair trade when performing the public
contract, adhere to environmentally sustainable principles, and not to use slave and child
labour.
4.6. The seller undertakes to conclude an insurance contract if it is agreed in the public contract.
4.7. The seller has the right to receive from the buyer the necessary information to perform the
public contract.
5. Packaging and marking of goods
5.1. The seller is obliged to ensure that the goods are packaged in such a way as to ensure that
they remain unaltered during transport and storage.
5.2. The packaging and marking of the goods must comply with the requirements set out in the
related procurement of the buyer.
6. Terms of payment
6.1. The seller will bear the costs arising from the delivery and transport of the goods until the
delivery of the goods. The seller will bear the costs and encumbrances related to the goods
until the delivery of the goods, except for costs caused by circumstances arising from the
buyer, unless otherwise agreed in the public contract.
6.2. The seller submits the invoice as an e-invoice (in machine-processable XML format). If a seller
registered outside the Republic of Estonia is unable to submit an e-invoice for technical
reasons, they will submit an invoice in PDF format to the email address specified in the public
contract, unless otherwise agreed in the public contract.
6.3. The seller submits an invoice with the following information:
6.3.1. Payer details.
6.3.2. Other information indicated on the invoice:
Name of the contact person (specified in the public contract);
Reference number of the contract part of related procurement;
Public contract (purchase order) number;
Product/service quantity, name, unit price and other necessary information.
6.4. The buyer pays for the accepted and compliant goods to the current account specified on the
invoice within 28 (twenty-eight) days after receiving the compliant invoice. The submission
of the invoice is based on the instrument of delivery and receipt and/or delivery note signed
by the parties, unless otherwise set out in the public contract.
6.5. The buyer does not accept an invoice that does not meet the conditions. In this case, the
seller must issue a new invoice within 7 (seven) days.
6.6. Before paying the invoice, the value of which including VAT is 10,000 (ten thousand) euros
or more, the buyer checks via the website of the Tax and Customs Board whether the seller
is free of tax arrears. If there is a tax debt of at least 10,000 (ten thousand) euros, the buyer
informs the Tax and Customs Board about the invoice to be paid.
6.7. The seller undertakes to submit, if necessary, a separate invoice for the costs incurred for the
NATO armed forces.
6.7.1.The goods purchased for the use of the NATO armed forces are subject to a 0% VAT
rate in accordance with § 15 of the Value-Added Tax Act.
6.7.2.The terms and conditions for the purchase of goods for the NATO armed forces will be
agreed in a public contract.
6.7.3.The basis for applying the tax discount is the value-added tax exemption certificate
submitted to the seller by the buyer
3/8
7. Force majeure
7.1. The breach of an obligation arising from the public contract is excusable if the party has
breached the obligation due to force majeure. Force majeure means a circumstance which
could not be influenced by the party in breach of the obligation and which, at the time of the
conclusion of the public contract, the party could not reasonably have been expected to take
into account or avoid or overcome or the consequences of which they could not reasonably
have been expected to overcome, eg natural disasters, general power outages, military
operations, blockade. The parties do not consider the inability of the seller’s third-party
contractual partner to perform the public contract as force majeure.
7.2. If any circumstance meeting the conditions of force majeure led to non-performance of the
public contract within the time limit specified in the public contract or its annexes, and its
effect is temporary, the behaviour of the party who violated the obligation arising from the
public contract is excusable only during the time when the force majeure prevented the
performance of the obligation.
7.3. In the event of force majeure, the period for fulfilment of the affected contractual obligations
will be extended by the duration of the circumstance, but not for more than 90 (ninety) days,
unless the parties have agreed otherwise.
7.4. If a party is unable to fulfil their obligations due to force majeure, they must notify the other
party of the emergence and end of such a situation without delay. Non-notification or
untimely notification will deprive the breaching party of their right to claim the excusability
of the breach, ie the occurrence of force majeure, in which case the party will be liable for
the breach of their contractual obligation in accordance with the public contract.
7.5. In the event that the effect of force majeure is permanent and does not allow the parties to
perform their contractual obligations in full or in part, the parties have the right to cancel the
public contract or withdraw from the contract by giving the other party a corresponding
notice of cancellation or withdrawal from the public contract.
7.6. The parties do not consider the consequences of the COVID-19 pandemic as force majeure.
If after the awarding of the public contract, new unforeseen restrictions related to the COVID-
19 pandemic are introduced, and due to which the performance of the contract is not
possible or is prevented, this may be considered as force majeure.
7.7. The impact of import restrictions related to the Russian Federation and Belarus on the
fulfilment of the obligation to supply goods is not considered as force majeure by the parties
if these circumstances existed at the time of awarding of the public contract.
8. Confidentiality and security terms
8.1. Confidential information must be understood by the parties to include information disclosed
in the course of the performance of the public contract, personal data, security data,
documents clearly marked for internal use and other information the disclosure of which
could be detrimental to the interests of the buyer. Confidential information does not include
information that is required to be disclosed by law, provided that such disclosure is carried
out in the most limited way possible.
8.2. According to the confidentiality requirement, the party undertakes not to disclose
confidential information of the other party, including information intended for internal use,
without the written consent of the other party during the validity of the public contract or
later. The party protects the confidentiality of the information that has become known to
them during the performance of the public contract.
8.3. The seller undertakes not to use any document accompanying or information about the
public contract without the written approval of the buyer, except as necessary for the
performance of the public contract. All documents other than the public contract and its
annexes are the property of the buyer and, if requested by the buyer, the seller is obliged to
return them to the buyer after the end of the public contract.
8.4. If the seller needs to enter the territory under the jurisdiction of the Ministry of Defence in
order to perform the public contract, the seller undertakes to comply with the applicable
4/8
security terms. If the seller uses subcontractors in said territory, they must be approved in
writing by the buyer in advance, and all the security terms set out in the related procurement
will also apply to them. The seller is responsible for ensuring that the subcontractors comply
with the security terms.
8.5. Notification related to the subject matter or performance of the public contract directed at
the public, including press releases, referring to the buyer in an advertisement or online
publication, is permitted only with the buyer’s express consent given in a format reproducible
in writing.
9. Intellectual property rights
9.1. If the goods or parts thereof (including the corresponding documentation) are protected by
copyright, the seller grants the buyer a worldwide irrevocable non-exclusive licence, within
the meaning of the Copyright Act, that remains valid until the expiry of the copyright. The
licence is deemed to be transferred from the moment of delivery of the goods or part thereof
(including the corresponding documentation), for which no separate fee is paid (the
copyright fee is included in the price of the goods). The terms and conditions for the transfer
and use of intellectual property rights may be otherwise agreed in the public contract.
9.2. If the goods or parts thereof (including the corresponding documentation) are protected by
another intellectual property right, the seller grants the buyer the necessary right to use the
goods in their entirety.
10. Liability
10.1. The parties are liable to each other in the case of improper performance or non-performance
of the obligations arising from the public contract in accordance with the general terms and
conditions, the procurement documents, the provisions of the public contract and applicable
law.
10.2. Ownership of the goods and the risk of accidental loss and damage are transferred from the
seller to the buyer usually upon proper delivery of the goods, unless the parties have agreed
otherwise in the public contract.
10.3. The seller is liable for any non-compliance (deficiency) of the goods with the public contract,
if the non-compliance exists at the time of transfer of the risk of accidental loss and damage
to the buyer and if the non-compliance of the goods is discovered after the transfer of said
risk to the buyer (ie the deficiencies could not have been discovered during the regular
inspection of the goods – so-called hidden deficiencies).
10.4. In the event of non-performance of the public contract by the seller, the buyer has the right
to refuse to accept the goods and/or services and to fulfil the obligation of paying the
purchase price as well as the right to bring a claim against the seller for performance of the
obligation after becoming aware of the non-performance, giving the seller a reasonable time
limit for performance of the public contract. The seller is deemed to be in delay of the
delivery of the goods and/or services until the proper delivery of the goods and/or services
to the buyer.
10.5. The goods do not comply with the terms of the public contract, among other things, if the
goods do not have the agreed characteristics, the goods cannot be used for the intended
purpose, the goods are subject to third-party claims or rights, the goods are not packaged in
accordance with the terms of the public contract, or lack a delivery note.
10.6. The buyer is obliged to notify the seller at minimum by email about the non-compliance of
the goods and/or services with the terms of the public contract (including the shortage of the
goods) within 60 (sixty) days from the time the buyer or the person authorised by the buyer
became aware of the non-compliance of the goods. In the notification, the buyer undertakes
to require the seller to perform the obligation, granting the seller a reasonable time limit for
proper performance of the public contract, which may generally not exceed 30 (thirty) days.
The above time limits may be amended in the related procurement.
10.7. If the buyer fails to notify the seller of a deficiency within the specified time limit after
becoming aware of the deficiency, the seller is released from liability for the deficiency,
5/8
unless the failure to notify was reasonably excusable.
10.8. If the goods delivered to the buyer do not comply with the terms of the public contract, the
buyer has the right to claim from the seller the replacement of non-compliant goods with
goods that comply with the terms of the public contract.
10.9. Upon failure to deliver the goods and/or services on time, the buyer has the right to claim
from the seller a contractual penalty of up to 0.25% (zero point twenty-five percent) of the
value of the goods and/or services not delivered on time per day for each day of delay, but
not more than 50% (fifty percent) of the value of the public contract, unless otherwise
provided for in the public contract.
10.10. In addition to cancelling or withdrawing from the public contract, the parties have the right
to claim a contractual penalty for material breach of the public contract according to the
amount of damage caused.
10.11. If the seller is in breach of a contractual obligation other than the timely delivery of goods
and/or provision of services, the buyer has the right to claim from the seller a contractual
penalty of up to 10% (ten percent) of the total value of the goods and/or services that
constitute the subject matter of the public contract, unless other provided for in the public
contract.
10.12. Upon breach of the confidentiality obligation, the party has the right to claim from the party
in breach of the obligation a contractual penalty of up to 10,000 (ten thousand) euros for
each such incident.
10.13. If the buyer delays the payment of the invoice, the seller has the right to claim from the buyer
the payment of a penalty for late payment, as set out in subsection 1 of § 113 of the Law of
Obligations Act, on the overdue amount of up to 0.25% (zero point twenty-five percent) per
day for each day of delay, provided that the buyer has been notified of the delay within 30
days of its occurrence. The total amount of the penalty for late payment does not exceed
10% (ten percent) of the amount in delay.
10.14. Contractual penalties are intended to ensure the performance of the agreed obligation, not
replace the performance of the obligation. Claiming a contractual penalty does not deprive
the buyer of the right to claim from the seller compensation for damage caused by a breach
of the public contract.
10.15. The right to claim contractual penalty is valid for 180 (one-hundred and eighty) days from the
discovery of the relevant breach.
10.16. Contractual penalties and late payment interest must be paid within 28 (twenty eight) days
of receipt of the corresponding claim. The buyer has the right to deduct the amounts of
claims of contractual penalties and compensations for damage as submitted by the buyer
from the fee payable to the seller.
10.17. Where the seller fails to commence performance of the public contract, the buyer has the
right to award the public contract to the next successful tenderer in the related procurement
and to claim compensation for the difference between the tender submitted by the seller
and the tender submitted by the new successful tenderer.
10.18. In the case of a quantitative shortage of the goods, the buyer has the right to accept the
corresponding goods and demand that the seller deliver the missing quantity of goods to the
destination specified by the buyer within the borders of the Republic of Estonia at the seller’s
expense.
11. Grounds for termination of the public contract
11.1. Upon cancellation of or withdrawal from the public contract, the buyer grants the seller a
reasonable time limit for performance of the contract, which may generally not exceed 30
(thirty) days. This time limit for performance of the public contract does not relieve the party
from liability for breach of obligation.
11.2. Upon the expiry of the additional time limit for performance of the public contract, the buyer
may submit a written application for cancellation of or withdrawal from the contract to the
seller. Cancellation of or withdrawal from the public contract is deemed to have been
effected as from the receipt of the application for cancellation or withdrawal by the buyer. It
is not necessary to submit an application for cancellation of or withdrawal from the public
6/8
contract, if upon granting an additional time limit, the buyer has previously explained in
writing that the buyer will cancel the public contract or withdraw from the public contract if
the contractual obligation is not performed within the time limit. In this case, the public
contract is terminated upon expiry of the time limit set by the buyer for performance of the
public contract and on the condition that the seller has not offered the buyer proper
performance.
11.3. The party has the right to cancel the public contract without an additional time limit or
withdraw from the public contract if the party has been in material breach of the obligations
arising from the public contract (material breach of contract). In this case, one party submits
to the other party a written application for cancellation of or withdrawal from the public
contract within a reasonable period of time after becoming aware of the material breach of
contract. Cancellation of or withdrawal from the public contract is deemed to have been
effected when the party has received the application for cancellation or withdrawal. Material
breaches of contract include, among other things:
11.3.1. intentional or grossly negligent breaches of the obligations arising from the general
terms and conditions and/or the public contract;
11.3.2. failure by the seller to fulfil its obligations within the additional time limit set by the
buyer;
11.3.3. the notice of refusal to perform sent by the seller to the buyer;
11.3.4. the provision of false information or falsified data;
11.3.5. breaches of confidentiality;
11.3.6. breaches of obligations, where a party has reasonable grounds for believing that the
other party will fail to perform the obligation in the future;
11.3.7. violations of law by the seller during the validity of the contract in selling the goods
or providing the services which constitute the subject matter of the public contract;
11.3.8. expiry of the seller’s permits necessary for performance of obligations and seller’s
failure to renew the permits;
11.3.9. breaches of the general terms and conditions, the conditions of the related
procurement and/ or the public contract by the seller on more than 5 (five) occasions.
11.4. The buyer has the right to cancel the public contract extraordinarily if a bankruptcy decision
has been adopted or a liquidation process has been initiated against the seller or the seller’s
permits necessary for the performance of the obligations expire and the renewal of permits
is not possible for reasons beyond the seller’s control.
11.5. The buyer has the right to cancel the public contract at any time by giving at least 90 (ninety)
days’ notice to the seller, unless otherwise provided for in the public contract.
12. Final provisions
12.1. The public contract enters into force from the date of signature by the buyer if the draft
public contract has been made available to the seller prior to the submission of the tender
and the latter has submitted a tender within the meaning of the Public Procurement Act in
view of it or if the public contract does not stipulate otherwise. Otherwise, the public contract
enters into force upon signature by both parties.
12.2. The language of performance of the public contract is Estonian, unless the parties have
agreed otherwise.
12.3. In performing the public contract and in disputes arising from the public contract, the
legislation of the Republic of Estonia will be applied, unless the parties have agreed
otherwise.
12.4. 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.
12.5. The invalidity of one provision of the public contract does not render the entire public
contract or other provisions void.
12.6. Neither party may transfer their rights and obligations under the contract to third parties
7/8
without the written approval of the other party.
12.7. Amendments to the concluded public contract can be agreed upon on the grounds and to
the extent specified in the Public Procurement Act.
12.8. Amendments to the public contract are valid if they are drawn up in writing. Failure to comply
with the requirement of written form will render the amendments to the contract void. All
amendments to the contract will enter into force upon their signature by both parties, unless
otherwise agreed.
12.9. All notices without legal effect are submitted by email and must be addressed to the contact
persons of the contract, unless otherwise agreed in the public contract.
12.10. A party immediately notifies the other party of any change of contact person or other data
by email. This notice is not deemed to be an amendment to the public contract.
12.11. The transmission of notices and other information with legal significance between the parties
must be conducted in writing or by email in digitally-signed format. A notice is deemed to
have been received even if it was sent by post with advice of delivery to the destination
specified in the contract and 5 (five) days have elapsed from the date of posting. If the notice
is transmitted by email, the notice is deemed to have been received on the next working day.
12.12. Hierarchy of documents: related procurement technical specifications, public contract,
general terms and conditions.
8/8