EstoniaPublic Procurement Act, accessibility in the technical specification and award criteria of a public procurement
§ 85 lg 8 ja § 88 lg 8, Riigihangete seadus (RT I, 01.07.2017, 1)
In force since .
A procurement conditions rule binding public and private bodies.
What it requires
- If you sell goods, services or works to a contracting authority in a procurement at or above the international threshold and their users are natural persons, expect the technical specification to take into account the possible needs of people with disabilities, or to be drawn up so that everyone can use the object of the contract, except in duly justified cases (ss. 15(2) and 88(8); Directive 2014/24/EU, Art. 42(1)).
- Where mandatory accessibility requirements are set by a European Union act, such as the Annex I requirements of Directive (EU) 2019/882, expect the contracting authority to add a reference to that act to the technical specification, so your tender is assessed against it (s. 88(8); Directive (EU) 2019/882, Art. 24(1)).
- Expect the contracting authority to be able to score your tender on quality including accessibility, where it sets that among the criteria for assessing tenders; section 85 also applies in a simple procurement unless the procurement documents provide otherwise (ss. 85(8) point 1 and 125(5)).
- Section 88(8) sits in chapter 2 of the Act, which a public-sector contracting authority applies to a contract whose estimated value equals or exceeds the international threshold the European Commission sets, and which applies in the network sector through chapter 5; a simple procurement, from EUR 50,000 for a goods or services contract since , follows the sections listed in section 125(5) (ss. 14(1) point 1, 14(3), 15(1), 15(2), 15(9), 125(5) and 145).
These lines are LexLint's reading of the law's text.
What it reaches
Instrument type
an act of a legislature
Applicability criteria
- As of
- Combinator
- Any of
- Criteria
- a contract of a public-sector contracting authority whose estimated value equals or exceeds the international threshold, to which section 15(2) applies the procedure in chapter 2 of the Act
- a contract of a network-sector contracting entity whose estimated value equals or exceeds the international threshold and whose main purpose relates to its network-sector activity, to which section 15(9) applies chapter 5 and section 145 applies chapter 2
What this law does
Section 88(8) requires the technical specification of a procurement whose users are natural persons to take into account the possible needs of people with disabilities or to be drawn up so that everyone can use the object of the contract, except in duly justified cases. Section 88(8) also requires the contracting authority, where mandatory accessibility requirements are set by a European Union act, to add a reference to that act to the technical specification.
Section 85(8) point 1 lists quality, including accessibility, together with technical value, aesthetic, functional, environmental, social and innovative characteristics and the conditions of marketing. Section 88(8) as first enacted in 2017 required the possible needs of people with disabilities to be taken into account in the technical specification where technically possible and appropriate.
Section 14(1) point 1 sets the simple-procurement threshold for a goods or services contract at EUR 50,000. Section 15(1) has a public-sector contracting authority apply the rules of chapter 3, division 1 of the Act to a contract whose estimated value equals or exceeds the simple-procurement threshold but is below the international threshold.
Section 15(2) has a public-sector contracting authority apply the procedure in chapter 2 of the Act, where sections 85 and 88 sit, to a contract whose estimated value equals or exceeds the international threshold. Section 14(3) makes the international threshold the amount the European Commission periodically sets under the public procurement directives and publishes in the Official Journal of the European Union.
Section 125(5) has a contracting authority conducting a simple procurement apply section 85, among other sections, unless the procurement documents provide otherwise. Section 15(9) has a network-sector contracting entity apply the procedure in chapter 5 of the Act to a contract whose estimated value equals or exceeds the international threshold where the contract's main purpose relates to its network-sector activity or cannot be determined.
Section 145 applies chapter 2 to a procurement in the network sector unless chapter 5 provides otherwise. Article 24(1) of Directive (EU) 2019/882 makes the Annex I requirements mandatory accessibility requirements within the meaning of Article 42(1) of Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU.
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