Inspection Services for Lottery & Land-Based Gaming Services and Devices

1. GENERAL The legislation concerning the public procurement is applied to the procurement. 2. CONTRACT NOTICE A contract notice has been published on the website www.hankintailmoitukset.fi and http://ted.europa.eu. The contract award notice shall be published after the award decision. 3. SUBCONTRACTING Subcontracting may be used in the execution of the procurement (see the definitions concerning subcontractors, capacity entities and participation as a consortium/group in the annex "Subcontractors"). The contract is made with the supplier (company) in whose name(s) the tender was submitted. The supplier in question is responsible for all contractual obligations, even when using subcontractors. The terms and conditions related to subcontracting relationships are presented in the contract terms, which are an annex to this call for tenders. Subcontractors must be named in the tender. 4. RELYING ON CAPACITIES OF OTHER ENTITIES The tenderer or a group of economic operators may use the resources of other entities to fulfill the requirements of the invitation to tender without taking into account the legal nature of their relationship. The resources of other entities must be de facto at the disposal of the tenderer or the group of economic operators during the procurement process and the contract period. Such resources may include, for example: 1) Relying on the professional experience of other economic entity, which for example belong to the same group of companies, provided that this entity is named in the tender as a subcontractor for the tenderer or the group of economic operators, and it de facto participates in supplying the service; 2) the use of other company's personnel to fulfill the requirements concerning professional qualifications, provided that these persons de facto participate in supplying the service; 3) resources concerning economic and financial standing; SUBMITTING THE TENDER AS A GROUP OF ECONOMIC OPERATORS Suppliers may submit tenders or register as candidates as a group. A group refers to the cooperation of suppliers to obtain a procurement contract. All members of the group are jointly and severally liable for the contractual obligations of the group. A group can be, for example, a temporary consortium. The contracting authority may require a written account of the commitments between the members of the group. A group may also use the above-described capacity subcontracting. Tenderers must take into account the provisions of the Competition Act on cooperation between competitors. The criteria for a prohibited restriction of competition may be met if large, competing companies with sufficient capacity submit a joint tender in a situation where their capacity would have been sufficient to submit independent tenders. 5. PROCESSING OF TENDERS 5.1 SUITABILITY OF TENDERERS Before the comparison of tenders, it will be assessed whether the tenderers meet the suitability requirements set out in the call for tenders. The preliminary assessment of the tenderers' suitability is made on the basis of the information provided in the tender and any clarifications that may be requested from the tenderers. A tenderer that does not meet the set suitability requirements will be excluded from the tender competition. A tenderer that is subject to a ground for exclusion under Section 80 of the Public Procurement Act will be excluded from the tender competition. A tenderer may be excluded from the tender competition if it is subject to another ground for exclusion as referred to in Section 81 of the Public Procurement Act. The contracting authority shall check the information provided in the ESPD from public registers or, if necessary, request the winner(s) of the tender competition to provide the certificates related to the fulfillment of the suitability requirements. In addition, the winner(s) will be required to provide criminal record extracts/an affidavit or solemn declaration for the purpose of clarifying the above-mentioned mandatory grounds for exclusion. The contracting authority may request the winning tenderer's capacity entity or subcontractor to provide criminal record extracts for the purpose of clarifying the above-mentioned mandatory grounds for exclusion. 5.2 COMPLIANCE OF TENDERS WITH THE CALL FOR TENDERS The tendered goods and services must conform to the requirements set out in the call for tenders and its annexes. The tenderer must answer all questions and attach all requested certificates to the tender. Tenders that do not comply with the call for tenders or the terms of the procurement procedure will be excluded from the tender competition. 5.3 EVALUATION OF TENDERS The comparison of tenders is carried out as described in the sections "Criteria for the subject of the procurement" and "Grounds for the decision". If the information or documents in the participation application or tender are incomplete or if some documents or information are missing, the contracting authority has the right, but not the obligation, to request the tenderer to clarify or supplement the information or documents within a time limit set by the contracting authority