Framework agreement

Mahalaadimise ja vastuvõtu täiendatud kord Alates 18.07.2022 muutub Rukki ja Assaku lattu kauba mahalaadimise ja vastuvõtu kord. Kõik kaubasaabumised peavad olema eelnevalt registreeritud, ka siis kui kaupa on vaid ühe aluse jagu. Broneeringud tuleb teha Bogeri mahalaadimise keskkonnas: Smarten (infosys.ee) 1. Kaubaga Smarteni territooriumile jõudes peab autojuht minema vastuvõtu torni (Rukkis A- torn ja Assakul hoone keskel olev torn ilma tähiseta) ja esitama kauba tooja (tarnija/vedaja)kauba saatedokumentatsiooni. Juhul, kui saatedokumentatsiooni esitada ei ole, mahalaadimist ei toimu (v.a. juhul kui needon vastuvõtu mailboksi eelnevalt saadetud ja need on tuvastatavad). Vastuvõtu mailboks [email protected] 2. Kauba saatedokumentatsioonil peab olema Smarteni süsteemi ostutellimusele (OT) 1:1-leidentne viide, mille alusel saabunud kaubale vastav ostutellimus (OT) süsteemist tuvastada.Juhul, kui saatedokumentatsioonis vastav märge puudub, mahalaadimist ei toimu (v.a. juhulkui selle oskab öelda kauba tooja ja see on süsteemist tuvastatav). 3. Konteinerite mahalaadimise info peab olema Boger mahalaadimise broneerimiskeskkonnas Smarten (infosys.ee) vähemalt 3 tööpäeva ette broneeritud koos viitega ostutellimusele. E- maili saatmisest konteinerite mahalaadimise broneerimiseks ei piisa. Ülaltoodud kehtestamisega tagame parema mahalaadimise kvaliteedi ja ressursiplaneerimise. Дополненный порядок загрузки и приема товаров Начиная с 18.07.2022 на складах Рукки и Ассаку меняется порядок загрузки и приема товара. Все приходы товаров должны быть зарегистрированы заранее, даже если принять нужно только один паллет. Бронирование можно сделать в среде зазгрузки Boger: Smarten (infosys.ee) 1. При поступлении товара на территорию Смартена водитель должен подойти к приемной вышке (на Рукки вышка А и на Ассаку вышка посередине без вывески) и предъявить сопроводительные документы на привезенный товар. Если документов нет, то выгрузка не состоится (если только документы заранее не были отправлены на почту). Электронный адрес приема товаров [email protected] 2. На отгрузочной документации товара должна быть такая же ссылка, как и в системе Смартена (OT) 1:1, на основании которой можно идентифицировать прибывший товар. При отсутствии соответствующей отметки разгрузка не состоится (если только эту информацию не может сказать тот, кто привез товар и это совпадает с информацией в системе) 3. Информация о разгрузке контейреров должна быть в среде бронирования выгрузки Boger Smarten (infosys.ee) по меньшей мере за 3 рабочих дня со ссылкой на заказ на поставку. Только письма по электронной почте о бронировании времени на разгрузку контейнера не достаточно. Вышеизложенные правила помогают нам обеспечивать лучшее качество разгрузки и пранирование ресурсов. Updated procedure for unloading and receiving From 18.07.2022, the procedure for unloading and receiving goods at Rukki and Assaku warehouseswill change. All arrivals of goods must be registered in advance, even if there is only one pallet of goods. Bookings must be made in the Boger unloading environment: Smarten (infosys.ee) 1) When the goods arrive at the territory of Smarten, the driver must go to the reception tower(in Rukki, A-tower, and in Assaku, the tower without a sign in the middle of the building) and present the accompanying documentation of the provider (supplier/carrier) of the goods. If the accompanying documentation cannot be submitted, unloading will not take place (unless they have been sent to the reception mailbox in advance and are identifiable). Reception mailbox [email protected] 2) The accompanying documentation of the goods must have a 1:1 reference identical to the purchase order (PO) of Smarten system, on the basis of which the purchase order (PO) corresponding to the received goods can be identified from the system. If there is no corresponding note in the accompanying documentation, unloading will not take place (unless the person bringing the goods can tell the provider of the goods, and it canbe found in the system). 3) Container unloading information must be booked in the Boger unloading reservation environment Smarten (infosys.ee) at least 3 working days in advance with a reference to thepurchase order. Sending an e-mail is not enough to book the unloading of containers. By establishing the above, we ensure better unloading quality and resource planning. Smarten Logistics AS Tel: +372 6 135 800 Arvelduskonto EE111010022002165005 Raeküla tee 5, Rae küla E-post: [email protected] SEB Eesti Ühispank Rae vald Internet: www.smarten.ee 75301 Harjumaa Reg.nr. 10097532 FRAMEWORK AGREEMENT 26.06.2025 No 2-2/25/332 The Estonian Centre for Defence Investments (registry code 70009764, address Järve 34a, 11314 Tallinn, Estonia) and the Estonian Defence Forces (registry code 70008641, address Juhkentali 58, 15007 Tallinn, Estonia), represented by Katri Raudsepp, Deputy Director General acting as Director General, hereinafter: Buyer, and DAN Communications SIA (registry code 50003294251, address Brīvības iela 97, Centra rajons, Rīga, LV- 1001, Latvia), represented by Peters Čertovs and Aleksandrs Libensons, pursuant to articles of association, hereinafter: Seller, separately: Party and jointly: Parties, have concluded the following framework agreement (hereinfafter: Agreement): 1. Basis and Subject of the Agreement 1.1. This Agreement is concluded on the basis of the founding documents and the Seller’s tender for the public procurement „Ballistic protective equipment“ (public procurement reference number 281040). 1.2. The object of the procurement is to obtain various ballistic protective equipment, such as bulletproof vests and plate carrier sets with both bullet- and fragmentation proof plates (including details of the sets as well as spare parts) (hereinafter referred to as Goods) and services concerning the aforementioned object such as testing, product development or bettering the product altogether. 1.3. On the basis of the agreement, goods shall be procured by both compulsory purchasing as well as central purchasing, meaning that the contract, signed by Estonian Centre for Defence Investments as a central purchasing body, can be used by other procuring authorities using said central purchasing service in accordance with Public Procurement Act § 30 section 2. 1.4. On the basis of the Agreement and its stipulations, the Seller is obligated to sell to the Buyer Goods and the Buyer is obligated to accept the Goods and pay to the Seller the price of Goods. In the event that Goods are purchased with life-cycle services, contractual conditions for the provision of services stipulated in the Law of Obligations Act shall be applied for such provision of services, which are not regulated, are in contradiction or are not applicable towards the nature of the service. 1.5. The type or specification, quantity, delivery locations and times shall be specified in Public Contracts, purchase orders included. In a case where the necessary criteria are not yet known at the time of signing a Public Contract, the necessary information will be forwarded to the seller via e-mail during the fulfilment of the Public Contract. 1.6. The Goods must be in compliance with the founding documents of the public procurement, the invitation to tender and the Seller’s submitted tender. The delivered Goods must be in compliance with the terms of this Agreement, including in terms of quality, type, description and quantity. All documents and packaging accompanying the Goods must also be in compliance with the terms of this Agreement. 1.7. The Seller states and confirms that: 1.7.1. they and their representative have all the necessary rights and mandates to conclude this Agreement; 1.7.2. they have read the Agreement and the founding documents of the public procurement and that they understand fully the content and repercussions of duties undertaken and that they agree with the conditions therein; 1.7.3. with the performance of this Agreement, the rights of third parties are not affected and that there are no such circumstances which might exclude their rights to conclude this contract and perform it duly;  1.7.4. they have all the necessary and valid licenses, registrations, rights of representation and certificates, and at their expiry during the duration of the contract agrees to extend/ renew them. If the renewal of licenses, registrations, rights of representation and certificates is not possible due to circumstances independent of the Seller, it is the Seller’s obligation to promptly notify the Buyer about it; 1.7.5. the Seller confirms the absence of any claims or other rights applicable on the transferred Goods by third parties, which third parties have the right to apply to the Goods; 1.7.6. 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. 1.8. The hierarchy of the procurement documents is as follows: the source documents involving the procurement (contracts included) followed by the offer submitted by the Seller. In case the offer contradicts the terms and conditions of either the Agreement or the Public Contract, the Agreement is superior to the Public Contract. 2. Parts of the Agreement 2.1. The integral parts of the Agreement are invitation to tender; the Seller’s tender and its annexes; explanations, invitations to tender, confirmation letters, tenders submitted on the basis of the Agreement, Public Contracts concluded on the basis of the Agreement, notices and all concluded amendments between the Parties given during the procurement procedure. Purchase orders, with which a financial commitment is made, are also deemed as Public Contracts. 2.2. Purchase orders or orders of any kind, which will result in a financial obligation, will be considered as an equivalent to a Public Contract. 3. Conclusion of Public Contracts 3.1. Public Contracts shall be concluded on the basis of this Agreement, based on the Buyer’s necessities, for either a One-off Purchase (hereinafter: One-off Purchase) or for a fixed period (hereinafter: Duration Contract), during which orders shall be made. 3.2. The Buyer has the right to conclude Duration Contracts, meaning Public Contracts, which are not meant for a singular one-off purpose, rather for a certain duration (e.g. 3, 6 or 12 months). Under such Public Contracts, the Buyer will make purchases either for a continuous period or make recurring purchases for Goods or services defined in the founding documents of the public procurement. 3.3. This Agreement without a Public Contract does not oblige the Buyer to buy Goods from the Seller. 3.4. Public Contracts signed between the Parties shall be based on the following: 3.4.1. The Buyer has the right to order Goods with an estimated value no more than 10 000 EUR from any chosen contractual partner in accordance with the Public Procurement Act § 30 section 8, in the event that the Seller informs the Buyer that they are not able to perform a corresponding order or they are not able to perform an order at the agreed-upon time or by the Buyer’s requested time limit, on the premise that the total cost of said orders does not exceed 20% of the total cost of the Agreement. In addition, the Buyer uses the mentioned clause if the Seller of the Duration Contract informs Buyer during the period of the Duration Contract that it is not possible to fulfill the Public Contract at least partially. The Buyer will choose between tenderers in an order according to Buyer’s needs, taking into account speed (how quickly the Goods can be delivered), availability (whether the Goods are available immediately) as well as whether individual quantities are purchased in addition to the previously purchased Goods. Delivery details will be agreed upon in the order or when making a purchase. 2/14  In case of purchases with a total value of less than 10 000 EUR, the buyer can also arrange a reopening of the competition based on 3.4.2 of this Agreement. 3.4.2. If the public procurement had multiple successful offers and the Buyer has signed an Agreement with multiple Sellers and is not using a purchasing method descbried in 3.4.1 of this Agreement, the Buyer will arrange a reopening of the competition between the Parties of the Agreement. 3.4.2.1. The Buyer has the right to add to, change or specify the list of Goods of the subject in the reopening of the competition by issuing new technical descriptions. The Buyer shall stipulate the terms of the reopening of the competition, the list and specifications of required Goods and the rest of the necessary information required to submit an offer. 3.4.2.2. The Buyer has the right to change the delivery location of the Goods in the reopening of the competition by submitting specifications in the source documents of the reopening of the competition. 3.4.2.3. The price offer submitted by the Seller must stay valid for a miinimum of 3 months from the date the offer was submitted, if not stated otherwise in the reopening of the competition. 3.4.2.4. The award criteria for reopening of the competition shall be either cost (total cost/unit price); weight of critera: 100%, or combined with other criteria with cost included (unit price, discount % for goods not fixed in the contract), weight 40-90% and quality criteria points weighing up to 10-60%. The buyer will use price as the sole criteria in a case where the quality criteria listed in 3.4.2.6 would be deemed unfit to evaluate any given object of the procurement. 3.4.2.5. The award criteria and their weight shall be specified in the conditions of the reopening of the tender. 3.4.2.6. For the quality criteria, the procuring authority can use the following critera:  Delivery time/speed (the less the better) – will be used in case the timeframe between placing the order and fulfilling the order is short due to the buyer’s needs.  Warranty duration (the more the better) – will be used if the Buyer wishes to award additional points for extended warranty periods.  Environmental critera (evaluated by the Buyer, evaluation method will be specified in the reopening of the competition in case the criteria will be used) – will be used in case the Buyer wishes to award points for the Goods’ effect on the environment.  Product samples; their quality and usability (evaluated by the Buyer, evaluation method will be specified in the reopening of the competition in case the criteria will be used). Will be used if the end-user has deemed the quality or the usability more important than usually.  Necessary experience, certificates, skillset of the workforce, practice in terms of carrying out the contract (evaluated by the Buyer, evaluation method will be specified in the reopening of the competition in case the criteria will be used). Will be used if the object of the procurement is specific enough for the buyer to require previous experience.  The distance between the place of production and the delivery location (the less the better) – will be used, if the aim is to limit harm done to the enviroment using shorter delivery routes or to ensure deliveries altogether. 3/14  3.4.2.7. The Buyer can, in reopening of the competition, ask for product samples to evaluate compliance to the requirements set in the procurement documents as well as to evaluate the quality, usability or functionality. In doing so, the Buyer can involve independent third-party experts. 3.4.2.8. The Buyer is not obliged to order all the Goods listed in the technical description of the reopening of the competition after the offers have been submitted, if the needs of the Buyer have changed during the time of the signing of the Public Contract. 3.4.2.9. In a case where the successful tenderer does not fulfill the terms of the Public Contract (including a purchase order), the Buyer shall re-evaluate the rest of the qualified offers and deem the offer successful, which is the best based on the award criteria. A tenderer who has refused to enter into or to perform a Public Contract will be obligated to compensate, at the Buyer’s request, for the difference between the value of their offer and the value of the offer of the next successful tenderer who has been awarded the Public Contract. The same conditions apply if the successful tenderer withdraws their offer before the entry into force of the Public Contract. 3.4.2.10. In the event that more than one tender has been declared successful during the reopening of the competition as a result of equal tenders, drawing lots shall be used in order to determine the successful tender. The Buyer shall specify the order of drawing lots to the Sellers prior to it taking place. 3.4.2.11. The Buyer may refuse all submitted offers: 3.4.2.11.1. they are unreasonably expensive to the Buyer; 3.4.2.11.2. if during the reopening of the competition, the Buyer becomes aware of information that rules out or makes the execution of the reopening of the competition unreasonable for the Buyer on the conditions stipulated in the founding documents of the reopening of the competition, or the conclusion of a Public Contract under the given and determined conditions would not correspond to the Buyer’s earlier necessities or expectations due to the changed circumstances; 3.4.2.11.3. if there is no longer a necessity for the reopening of the competition due to a reason that is independent of the Buyer or a reason that depends on or is derived from a change in legislature, administrative acts or actions of higher institutions. 3.4.3. In case the outcome of the public procurement results in only a single successful offerer or if the number of Sellers decreases to one during the validity period of the Agreement, due to which it is no longer possible to arrange reopenings of the competition, the purchase of shall proceed as follows. 3.4.3.1. The Buyer submits an invitation to tender to the Seller. 3.4.3.2. The Seller shall provide an offer, including the cost of the Goods, to the Buyer within 5 working days from receiving the price inquiry, which must not exceed the maximum price limits specified in the Agreement. If the Seller is unable to meet this deadline, they shall promptly inform the Buyer. 3.4.3.3. The Buyer shall either accept the offer by placing an order or entering into a Public Contract, or reject the offer within 14 days. The Buyer is not obligated to place an order or enter into a Public Contract based on the 4/14  provided offer. If the Buyer does not reply to the offer in 14 days, it will be considered as a decline. 3.4.3.4. The Buyer has the right to decline all offers on the basis of clause 3.4.2.11 of the Agreement. 3.4.4. Public Contracts are concluded by any means capable of producing a written format that can be reproduced in writing, including by e-mail. If the cost of the Public Contract is at least 50 000 Euros without VAT, the Public Contract shall be concluded as a signed document by both parties; purchase orders, signed mutually by poth parties, can also be used as an equivalent to the Public Contract. 3.5. If the Seller includes subcontractors for carrying out this Agreement, the subcontractors will also be included in the Agreement. Changing the subcontractors can only be done with the permission of the Buyer. 4. Parties’ Rights and Obligations 4.1. The Buyer’s rights: 4.1.1. demand and check the performance of contractual obligations and documents relevant to the ordering of Goods on an ongoing basis; 4.1.2. demand compensation for damages which the Seller is responsible for; 4.1.3. check the documents relating to the purchase of Goods and the accuracy and adequacy of the Seller’s invoices and estimates and other expenses and, if necessary, request the invoices of subcontractors; 4.1.4. consult with the Seller about questions relevant to the Goods; 4.1.5. to order other Goods from the Seller that meet the requirements of the technical description (Goods with the same purpose of use). Ordering of said Goods is carried out during a reopening of the competition between the partners of the Agreement or by submitting price requests in case there is one Seller, in which the Buyer provides the Sellers with exact technical specifications and conditions for pricing the Goods; 4.1.6. the Buyer has the right to acquire Goods not covered by an Agreement if: 4.1.6.1. no offers have been received; 4.1.6.2. no offers meet the requirements set; 4.1.6.3. no Sellers are able to fulfill the Public Contract/the purchase order has been withdrawn from; 4.1.6.4. the offered prices are, in comparison to the market price, inexplicably expensive and therefore financially unreasonable for the Buyer. 4.2. The Buyer’s obligations: 4.2.1. the Buyer is obligated to reply within a reasonable time to all the Seller’s requests in order to specify instructions; 4.2.2. the Buyer is obligated to receive information from the Seller concerning the details of filling the Agreement; 4.2.3. the Buyer is obliged to pay the seller for Goods without defects in accordance to the terms set by this Agreement. 4.3. The Seller’s rights: 4.3.1. the Seller has the right to receive the agreed-upon payment for Goods delivered 4.3.2. the Seller has the right to receive information from the Buyer concerning the fulfilment of the Agreement; 5/14  4.3.3. the Seller has the right to propose ideas to the Buyer in terms of more efficient deliveries of the Goods. 4.4. The Seller’s obligations: 4.4.1. the Seller is obligated, on the Buyer’s demand, to submit a centralized statement for all Goods ordered (including date of conclusion of Public Contracts or purchase orders; name, quantity and cost of Goods without VAT; total cost of Public Contracts / purchase orders without VAT etc.) in MS Excel format or in another format agreed upon with the Buyer within 10 days after receiving said request, unless the Parties have agreed otherwise; 4.4.2. the Seller is obligated to submit information (quantity and purpose) on the Buyer’s demand about subcontractors. In the event that such information has been submitted by the Seller prior to the conclusion of this Agreement, the Seller must coordinate any changes with contact persons with the Buyer. 4.4.3. the Seller is obligated to inform the Buyer about any circumstances which obstruct the performance of this Agreement; 4.4.4. the Seller is obligated to deliver the Goods within agreed-upon timeframe as well as in accordance with the conditions set by the Public Contract and purchase orders in the best practice requirements, norms and standards; 4.4.5. the Seller is obligated to inform the Buyer promptly about cyber attacks and cyber incidents undertaken against the Seller and issue a cyber incident report to the Buyer on the Buyer’s demand; 4.4.6. the Buyer is obligated to follow fair trade conditions, environmentally friendly principles and not use slave or child labor during the performance of the Agreement; 4.4.7. follow and fulfill orders and instructions of the Buyer, to a reasonable extent, necessary to carry out the aim of the Agreement. 4.4.8. in case the Seller relies on another company to conform to the qualification critera, the Seller is obliged to use the same company during the fulfilment of the Agreement. In a case where the Seller wishes to replace the company, doing so is only allowed with the permission of the Buyer. 5. Packaging and Labelling of the Goods 5.1. The Seller is obligated to provide packaging of Goods in such a way that ensures its conservation during transport and storage in an unchanged manner. 5.2. For packaging and marking Goods, the Seller must adhere to the requirements stipulated by the Buyer. 6. Delivery and Acceptance of Goods 6.1. The delivery and acceptance of the Goods are generally subject to the terms and conditions of the Incoterms® 2020 DAP delivery clause. 6.2. Delivery locations shall be specified in every Public Contract or purchase order and are a subject to change during the Agreement period. 6.2.1. Goods ordered by the Estonian Defence Forces and Estonian Centre of Defence Investments shall be delivered to the central warehouse, Buyer’s contractual partner’s warehouse or Estonian Defence Forces’ bases. 6.3. In the event that the Goods are subject to export inspection by the Seller’s country of origin, the Seller shall submit to the Buyer an appropriate form of the end user’s certificate and provide the necessary export license. 6.4. The time for receiving delivery of the Goods is generally from Monday to Thursday between 8.30 and 15.00, except on state and national holidays and working days that precede them 6/14  and the last three working days of each month. 6.5. The Seller shall submit to the Buyer a shipping notice for the delivery of Goods at least 5 working days prior to the scheduled delivery time to the email address stipulated in the Public Contract (cc must be sent to [email protected]). The shipping notice must include: 6.5.1. name of Goods; 6.5.2. Public Contract (purchase order) number; 6.5.3. public procurement reference number 281040; 6.5.4. delivered quantity, incl. number of pallets, containers etc; 6.5.5. logistical unit measurements; 6.5.6. packaging method (plastic packaging, net wrapping, pallet etc.); 6.5.7. mode of transportation, which is used for delivery (truck, lorry etc.), and quantity; 6.5.8. specific requirements or needs to unload the delivery; 6.5.9. scheduled delivery date and time; 6.5.10. delivery address. 6.6. The Seller shall deliver the Goods to the Buyer and the Buyer shall accept the delivery under agreed-upon conditions. 6.7. The Seller shall issue a delivery note alongside a shipping notice or during the delivery of Goods at the latest. The delivery note must include: 6.7.1. the Seller’s details; 6.7.2. the Buyer’s details; 6.7.3. Public Contract (purchase order) number; 6.7.4. public procurement reference number 281040; 6.7.5. name, product code and quantity of Goods. 6.8. In addition to the delivery note, the Seller is obligated to hand over to the Buyer all documents that are necessary for the receiving, management, use and handling of the Goods. 6.9. The Buyer shall issue a delivery-acceptance act, which shall be signed by both Parties and sent to the Seller alongside the quality control act, if necessary. A delivery note signed by both Parties is also deemed as delivery-acceptance act. 6.10. In the absence of the delivery note, the Buyer has the right to take possession of the given Goods, but Goods will be considered to have been delivered and accepted upon the receipt of a due and proper delivery note. 6.11. The Buyer has the right to inspect the quality of delivered Goods for compliance with the terms of the Agreement and Public Contract within two weeks. In such an event, the Buyer shall issue a quality control act, which shall be sent to the Seller. 6.12. If an Agreement has been signed and during said Agreement it turns out that delivering/acquiring the Goods is not possible, with a written consent from the buyer, the Goods can be changed for an equivalent or better variation of said Goods. Equivalency must be proven the the Seller. 6.13. Time and place of conducting quality control shall be agreed upon by the parties in Public Contracts/purchase orders. Quality control shall take place for every batch of Goods, to a total of 5% of the whole quantity delivered, Goods to be controlled shall be chosen randomly. The Buyer shall issue a quality control act, which will be forwarded to the Seller by the Buyer. In terms of conducting quality control, the following options shall be used: 6.13.1. the quality control shall be conducted before the delivery at a location appointed by the Buyer or at a location mutually agreed upon; 6.13.2. the quality control shall be conducted after the delivery at the Buyer’s warehouse, Buyer’s contractual partner’s warehouse or (given a proper agreement has been concluded) at an Estonian Defence Forces’ base. 7/14 7. Cost of the Agreement and Terms of Payment 7.1. The estimated maximum total value of Public Contracts to be concluded is 75 000 000 euros. 7.2. The Buyer has the right to change the value and the quantity of the Public Contract up to 20% of the initial cost of the Public Contract, in order to buy similar Goods or the same Goods in accordance with the Buyer’s needs. 7.3. The Seller bears all costs relevant to the delivery and transportation of Goods until the delivery has been finalized. The Seller also bears all Goods-related costs and incumbrances until the delivery has been finalized, except costs which derive from circumstances arising from the Buyer. 7.4. The seller shall provide an e-invoice (in computer-editable XML-format). 7.4.1. The payer’s (will be specified in the Public Contract/purchase order) details: Estonian Centre of Defence Investments, Järve 34a, 11314 Tallinn, Estonia, registry code 70009764; Estonian Defence Forces, Juhkentali 58, 15007 Tallinn, Estonia, registry code 70008641. 7.4.2. Other details to be included on the invoice: Contact person name (shall be specified in the public contract); Framework agreement number; Public Contract (purchase order) number; Public procurement reference number; Quantity and name of Goods, unit price and other necessary information. 7.4.3. The Seller’s bank details: Bank name: Luminor Bank AS; IBAN: LV06RIKO0000080016849; SWIFT: RIKOLV2X. 7.5. The Buyer shall pay for the Goods that were accepted and comply with the terms of the Agreement to the billing account set on the invoice within 28 days of receiving an invoice that complies with the terms of the Agreement. The basis for issuing an invoice is a delivery- acceptance act and/or delivery note that is signed by both Parties. 7.6. The Seller will not be paid an advance payment, unless otherwise agreed on in the Public Contract. 7.7. The Buyer will not accept an invoice, which does not conform to the terms of the Agreement. In such case, the Buyer will issue a new invoice within 7 days. 7.8. The payment shall be considered done as soon as the payment order is accepted by the Buyer’s bank. 7.9. For a Seller registered in the Republic of Estonia, prior to finalizing a payment, which is 10 000 Euros with VAT or more, the Buyer shall check for the absence of tax arrears via the Tax and Customs Board website. In the event of a tax arrear of 10 000 Euros or more, the Buyer shall inform the Tax and Customs Board of the invoice that is due for payment. 7.10. The Seller is obligated to issue a separate invoice for costs relevant to NATO Armed Forces. 7.10.1. For Goods ordered for NATO Armed Forces, a 0% VAT rate applies, in accordance with Value-Added Tax Act § 15 section 3 subsections 6, 6¹ and section 4 subsections 14 and 14¹. 7.10.2. Conditions for Goods ordered for NATO Armed Forces shall be agreed upon within the corresponding Public Contract or purchase order. 7.10.3. The basis for tax relief is proof of exemption from VAT, issued by the Buyer to the Seller. 8/14 8. Force Majeure 8.1. Breach of contractual obligations is excusable, if the Party was in breach of obligations due to force majeure. Under force majeure, the Parties deem circumstances, which the Party that was in breach of obligation could not influence, and on the grounds of the prudent person principle the Party could not have been expected to take that circumstance into account during the performance of the Agreement or avoid it or overcome the hindrance or its consequence, e.g. natural disasters, power failures, hostilities, blockades. The Parties do not deem the inability of the Seller’s third party contractual partner to perform the Agreement as force majeure. 8.2. If any circumstance that applies to the conditions of force majeure incurred the non- performance of the Agreement within a deadline stipulated in the Agreement or its annexes and its effect is temporary, the behaviour of the Party in breach of obligations is excusable only at a time when the force majeure inhibited the performance of the obligation. 8.3. Due to the event of a force majeure, the time limit for the performance of the contractual obligation shall be postponed, but for no more than 90 calendar days, unless the Parties have agreed otherwise. 8.4. The Party who cannot perform their obligations due to force majeure must promptly notify the other Party of the arisen circumstance and its conclusion. Failure to notify or failure to notify timely removes from the Party the right to refer to the excusability of the breach, i.e. the emergence of the force majeure, and the Party who was in breach of obligation to notify is responsible for the breach of contractual obligations, according to the stipulations of this Agreement. 8.5. 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 termination of / withdrawal from the Agreement to the other Party. 8.6. Circumstances arising from the COVID-19 pandemic shall not be deemed as force majeure. In the event that new unforeseen restrictions are implemented after the conclusion of the Agreement, which are related to the COVID-19 pandemic and prohibit or inhibit the performance of the Agreement, they may be deemed as force majeure. 8.7. Effects on the obligation of delivering Goods arising from the restrictions on import from the Russian Federation and Republic of Belarus shall not be deemed as force majeure by the Parties, provided that these circumstances were present at the moment of conclusion of the Agreement. 9. Warranty Obligation 9.1. With this contract, the Seller grants a miinimum of 5-year warranty for all Goods delivered, unless agreed otherwise in the Public Contract. 9.2. Warranty applies from the moment that the Goods have been received by the Buyer without any, unless agreed otherwise. 9.3. In the event that the manufacturer’s warranty for Goods is in any way more favourable towards the Buyer (e.g. in terms of time) than the warranty obligation stipulated in the Agreement, the Seller is obligated to provide the utilization of such warranty claim to the Buyer, if such a circumstance arises, under more favourable conditions towards the Buyer, which are derived from the manufacturer’s warranty conditions. 9.4. Warranty covers all deficiencies that become evident during the warranty period, all the while taking into account normal wear and tear for Goods. 9.5. The Buyer is obligated to inform the Seller about deficiencies regarding ordered Goods to the Seller’s email address, unless agreed otherwise in the Public Contract. 9.6. The Seller is obligated to replace the defective Goods free of charge within 90 calendar days, starting from the moment that the Buyer’s corresponding and justified warranty claim was received. With the Buyer’s written consent, this period may be longer. 9/14  9.7. The Seller covers all costs relevant to the replacement of defective Goods, including transport costs. 9.8. Goods replaced during the warranty period shall be given a new warranty that has the same duration as the original Goods. 10. Confidentiality and Security Requirements 10.1. Under confidential information, the Parties deem information, personal details, security details and documents that are clearly marked for internal use only, that become available during the performance of the Agreement, and other information, whose disclosure might damage the interests of the Buyer. Confidential information does not include information whose obligation of disclosure derives from legislation, on the condition that such a disclosure is performed in the most restricted way possible from all possible options. 10.2. Parties agree not to disclose the other Party’s confidential information neither during the duration of the Agreement nor later without the other Party’s written agreement. Both Parties shall protect the confidentiality of the information that was made known to them during the performance of the Agreement. 10.3. The Seller agrees not to use any documents or information that pertains to the Agreement without the Buyer’s written agreement, except in cases which are necessary to perform the Agreement. All documents except the contract are property of the Buyer and at the Buyer’s demand, the Seller is obligated to return them after the expiry of the Agreement. 10.4. Disclosure of information to any third parties that is classified for internal use only is prohibited. 10.5. In the event that the Seller must enter premises under the area of administration of the Estonian Ministry of Defence in order to perform the Agreement, the Seller must follow applicable security conditions. In the event that the Seller employs subcontractors at the aforementioned premises, they must previously be coordinated with the Buyer in writing and all security conditions stipulated in the contract apply to them as well. Responsibility for the performance of security conditions by the subcontractors rests on the Seller. 10.6. Notices relating to the subject of the Agreement or its performance that are directed towards the general public, including press releases, referring to the Buyer in an advertisement or Internet publication, is allowed only with the Buyer’s consent by any means capable of producing a written record. 10.7. The confidentiality requirement is indefinite. 11. Intellectual Property Rights 11.1. In the event that the Goods or a part of them (incl. relevant information) are protected by intellectual property rights, the Seller shall grant to the Buyer a global irrevocable royalty-free license in accordance with the Copyright Law, which is valid until the term of protection of copyright. The license shall be deemed to be transferred from the moment that the Goods or a part of them (incl. relevant information) have been transferred. The terms for transfer and utilization of intellectual property rights can be agreed upon otherwise in the corresponding Public Contract. 11.2. In the event that the Goods or a part of them (incl. relevant information) are protected by any other type of inellectual property rights, the seller shall provide the buyer with necessary rights for the usage of the Goods. 11.3. The procedure of handing-over the property rights and terms of service can vary, if it is agreed upon in the Public Contract. 12. Codification 12.1. The Seller is obliged to send the necessary information to the codification bureau in accordance to the procurement documents and send additional further information at the request of the codification bureau. 10/14 13. Liability 13.1. In the event of improper performance or non-performance of contractual obligations, both Parties shall accept responsibilities with regard to the other, in accordance with the terms of the Agreement and valid legislation. 13.2. Ownership of Goods and the risk of loss of, or damage to, the Goods is transferred from the Seller to the Buyer generally at the appropriate delivery of Goods, unless agreed otherwise. 13.3. The Seller is responsible for the non-compliance of Goods (deficiencies) to the terms of the Agreement, if the non-compliance exists during the transfer of risk of loss of, or damage to, the Goods to the Buyer and if the non-compliance of Goods to the terms of the Agreement is discovered (i.e it was not possible to discover the deficiencies during normal inspection, so- called hidden deficiencies) after the said risk was transferred to the Buyer. 13.4. In the event that the Seller performs the Agreement improperly, the Buyer has the right to refuse the acceptance of Goods and the obligation of payment per purchase price, and issue to the Seller a claim to perform the obligation in accordance with the Agreement after the discovery of the breach of obligation, by giving the Seller a reasonable time limit to perform the Agreement. Until the proper delivery of Goods to the Buyer, the Seller is deemed late with delivery. 13.5. Goods do not comply with the terms of the Agreement inter alia if the Goods do not have the agreed-upon attributes, the Goods cannot be utilized for their intended purpose, a third party has claims to the Goods or other claims that they can issue or the Goods have not been packaged in accordance with the terms of the Agreement or the delivery-acceptance act is absent. 13.6. The Buyer is obligated to inform the Seller in writing about the non-compliance of the Goods (incl. deficit with the Goods) within 14 days, if the Buyer or the Buyer’s authorized representative discovered the non-compliance of the Goods to the terms of the Agreement. In said notice, the Buyer is obligated to claim performance of the obligation, by giving a reasonable time limit to the Seller for the duly performance of the obligation, which generally cannot be longer than 60 days. 13.7. In the event that the Buyer does not inform the Seller about deficiencies with the Goods within the time limit stipulated in the contract after the discovery of the deficiencies, the Seller is free from responsibility from the deficiencies with the Goods, except in cases when not informing the other Party of deficiencies was reasonably excusable. 13.8. If the Goods delivered to the Buyer are not in compliance with the terms of the Agreement, the Buyer has the right to demand from the Seller the replacement of non-compliant Goods with Goods that are in accordance with the terms of the Agreement. 13.9. If the Goods have not been delivered by the set time limit, the Buyer has the right to claim a contractual penalty of up to 0.25% per day of the Goods not delivered rendered on time for every calendar day due, but no more than 50% of the cost of the respective Public Contract. 13.10. If the Seller is in breach of any other contractual obligations beside on-time delivery, the Buyer has the right to claim a contractual penalty of up to 10% of the total cost of the Goods of the subject of the Public Contract. 13.11. If a Party is in breach of a confidentiality obligation, the other Party has the right to claim a contractual penalty of up to 10 000 Euros per each corresponding breach. 13.12. In the event that the Buyer delays payment of the invoice, the Seller has the right to claim from the Buyer default interest stipulated in the Law of Obligations § 113 subsection 1 for the sum unpaid by the time limit of up to 0.25% per day for every calendary day overdue, on the condition that the Buyer has been informed of the default interest within 30 days since its occurrence. The total sum of the default interest shall not exceed 10% of the sum overdue. 13.13. Contractual penalties are to ensure the performance of the agreed-upon obligation, not to replace the performance of the obligation. Claiming a contractual penalty does not remove from the Buyer the right to claim compensation of damages relevant to the breach of Agreement. 13.14. If a material breach of the Agreement by the Seller provides a basis to the Buyer for termination or withdrawal of the Agreement and the Buyer terminates the Agreement, the Buyer may claim from the Seller a contractual penalty at the rate of 5% of the value of the 11/14  Public Contract. 13.15. In addition to terminating the Agreement or withdrawing from it, both Parties have the right to claim a contractual penalty for a significant breach of Agreement in accordance with the extent of the incurred damage. 13.16. The right of claim of contractual penalties is 180 days from the discovery of the corresponding breach. 13.17. Contractual penalties and default interests are paid within 28 working days, starting from the reception of the corresponding claim. The Buyer has the right to deduct the sums of claims of the contractual penalties and sums of compensations from the amounts to be paid to the Buyer. 13.18. If there is a deficit in the quantity of the Goods, the Buyer is entitled to accept the given Goods and issue a claim to the Seller to deliver the missing quantity of the Goods to a delivery point designated by the Buyer within the borders of the Republic of Estonia at the Seller’s expense. 14. Grounds for Termination of Agreement 14.1. Upon termination of or withdrawal from the Agreement, the Buyer shall grant the Seller a reasonable time limit for performing the Agreement, which generally cannot be longer than 30 days. The time limit provided for the performance of the Agreement does not exempt the Party from the liability for breach of obligations. 14.2. The Buyer is not obligated to grant the Seller 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 such an event, the Buyer shall submit to the Seller an application for termination of / withdrawal from the Agreement within a reasonable time limit, starting from the moment the significant breach of Agreement became apparent. The termination of / withdrawal from of the Agreement is deemed to have been finalized when the application for termination of / withdrawal from the Agreement has been received by the Seller. 14.3. Upon expiry of the additional time limit given for the performance of the Agreement, the Buyer can submit to the Seller a written application for the termination of / withdrawal from the Agreement. The Agreement is deemed to be terminated / withdrawn from at the moment of the application’s reception by the Seller. An application for the termination of / withdrawal from the Agreement is not necessary, if upon previously granting an additional time limit, the Buyer has informed the Seller in writing about the termination of / withdrawal from the Agreement in the event of an unperformed contractual obligation during the given time limit. In such an event, the Agreement shall be terminated upon the passing of the time limit provided by the Buyer for the performance of the Agreement and on the condition that the Seller has not offered proper performance of the Agreement to the Buyer. 14.4. Both Parties have the right to terminate or withdraw from the Agreement, if the other Party is in significant breach of contractual obligations (significant breach of contract). Significant breaches of Agreement include inter alia: 14.4.1. one Party is in breach of contractual obligations wilfully or due to severe negligence; 14.4.2. the Seller has not performed their obligations during the additional time limit given by the Buyer; 14.4.3. the Seller has notified the Buyer about their refusal to perform the Agreement; 14.4.4. the Seller has submitted false information or forged information; 14.4.5. one Party is in breach of the obligation of confidentiality; 14.4.6. the breach of obligation gives one Party reasonable cause to presume that the other Party will not be performing their obligations in the future; 14.4.7. the Seller has infringements of the law with the sale of the item of the Agreement; 14.4.8. the Seller’s licenses for the performance of the Agreement expire and the Seller does not extend them or the extension of the licenses is not possible for circumstances independent of the Seller; 14.4.9. the Seller has been in breach of contractual conditions more than three times. 12/14  14.5. The Buyer has the right to terminate the Agreement under extraordinary circumstances, if a bankruptcy order or process of liquidation has been initiated towards the Seller. 14.6. The Buyer has the right to terminate or withdraw from the Agreement at any time, by informing the Seller at least 30 calendar days beforehand. 14.7. Both Parties have the right to terminate the Agreement at any time with both Parties’ written consent. 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 / withdrawal from the Agreement, both Parties are obligated to return to the other Party everything that has been already delivered for the time following the termination of the Agreement, in accordance with the Law of Obligations Act. 14.9. The Buyer has the right to apply the given section (section 14. of this Agreement) both to the Framework Agreement and the Public Contract’s termination. 15. Contact Persons 15.1. The Buyer’s contact person is the corresponding category manager, who at the time of the conclusion of this Agreement is Ms. Maia Prunt (phone +372 5554 6781, email [email protected]; cc: [email protected]). 15.2. The Buyer’s purchase manager or the Buyer’s authorized contact persons shall issue purchase orders. Authorizations and their retractions take place via email. 15.3. The Seller’s contact person is Anatolijs Maklers (phone +371-29427648, email [email protected]). 15.4. The contact person(s) in terms of accepting the goods shall be stated in the Public Contract. 15.5. All notices which do not have legal consequences shall be issued via email and must be addressed to the contractual persons of contact, unless agreed otherwise in the Agreement. 15.6. In the event of changes to contact persons or other information, the corresponding Party shall inform the other Party of such changes promptly via email, latest by five days. This notice shall not be deemed as amendment to the Agreement. 16. Final Provisions 16.1. This Agreement shall enter into force with the Buyer’s signature. 16.2. The Agreement is valid for 84 months or until the estimated maximum cost set in section 7.1 has been met. 16.3. Language used to perform the Agreement is Estonian, unless the Parties have agreed otherwise. 16.4. For the performance of this Agreement and disputes arising from the Agreement, legislation of the Republic of Estonia is prevalent, unless the Parties have agreed otherwise. 16.5. Both Parties have agreed to use all means necessary to settle differences between one another through negotiations. In the event of not reaching an agreement, the dispute shall be settled in accordance with the legislation of the Republic of Estonia at the Harju District Court, unless the Parties have agreed otherwise. 16.6. The invalidity of a single provision of the Agreement does not bring about the invalidity of the entire Agreement or other provisions. 16.7. Neither Party has the right to transfer their Agreementual rights and obligations to third parties without a written consent of the other Party. 16.8. Amending the concluded Agreement can be agreed upon on the grounds and extent of 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. All amendments to the Agreement shall enter into force upon signature by both Parties or upon the time limit stipulated by the Parties. 16.10. Notifications of legal effect between the Parties must be submitted in writing or via e-mail with signatures from the respective Party. A written notice shall be deemed to have been received inter alia if it has been sent by registered mail to the address specified in the 13/14  Agreement and 5 working days have passed since the notice was mailed. When sending the notice via email, the notice is be deemed to have been received on the working day after the notice was sent. 16.11. This Agreement and the documents have been created in both Estonian and English. In the event of a contradiction between the Estonian and the English Agreement/documents, the Estonian Agreement/documents will be the superior variant. 16.12. This Agreement has been made in one or two copies and signed by both Parties digitally / in writing and issued to both Parties with signatures. 17. Annexes 17.1. Annex 1. Technical Description; 17.2. Annex 2. Codification criteria; 17.3. Annex 3. Security requirements with Annexes; 17.4. Annex 4. Smarten Logistics criteria; 17.5. Annex 5. The Seller’s tender. Buyer: Seller: (Signed digitally) (Signed digitally) Katri Raudsepp Peters Čertovs Deputy Director General Board member acting as Director General (Signed digitally) Aleksandrs Libensons Board member 14/14  Mahalaadimise ja vastuvõtu täiendatud kord Alates 18.07.2022 muutub Rukki ja Assaku lattu kauba mahalaadimise ja vastuvõtu kord. Kõik kaubasaabumised peavad olema eelnevalt registreeritud, ka siis kui kaupa on vaid ühe aluse jagu. Broneeringud tuleb teha Bogeri mahalaadimise keskkonnas: Smarten (infosys.ee) 1. Kaubaga Smarteni territooriumile jõudes peab autojuht minema vastuvõtu torni (Rukkis A- torn ja Assakul hoone keskel olev torn ilma tähiseta) ja esitama kauba tooja (tarnija/vedaja)kauba saatedokumentatsiooni. Juhul, kui saatedokumentatsiooni esitada ei ole, mahalaadimist ei toimu (v.a. juhul kui needon vastuvõtu mailboksi eelnevalt saadetud ja need on tuvastatavad). Vastuvõtu mailboks [email protected] 2. Kauba saatedokumentatsioonil peab olema Smarteni süsteemi ostutellimusele (OT) 1:1-leidentne viide, mille alusel saabunud kaubale vastav ostutellimus (OT) süsteemist tuvastada.Juhul, kui saatedokumentatsioonis vastav märge puudub, mahalaadimist ei toimu (v.a. juhulkui selle oskab öelda kauba tooja ja see on süsteemist tuvastatav). 3. Konteinerite mahalaadimise info peab olema Boger mahalaadimise broneerimiskeskkonnas Smarten (infosys.ee) vähemalt 3 tööpäeva ette broneeritud koos viitega ostutellimusele. E- maili saatmisest konteinerite mahalaadimise broneerimiseks ei piisa. Ülaltoodud kehtestamisega tagame parema mahalaadimise kvaliteedi ja ressursiplaneerimise. Дополненный порядок загрузки и приема товаров Начиная с 18.07.2022 на складах Рукки и Ассаку меняется порядок загрузки и приема товара. Все приходы товаров должны быть зарегистрированы заранее, даже если принять нужно только один паллет. Бронирование можно сделать в среде зазгрузки Boger: Smarten (infosys.ee) 1. При поступлении товара на территорию Смартена водитель должен подойти к приемной вышке (на Рукки вышка А и на Ассаку вышка посередине без вывески) и предъявить сопроводительные документы на привезенный товар. Если документов нет, то выгрузка не состоится (если только документы заранее не были отправлены на почту). Электронный адрес приема товаров [email protected] 2. На отгрузочной документации товара должна быть такая же ссылка, как и в системе Смартена (OT) 1:1, на основании которой можно идентифицировать прибывший товар. При отсутствии соответствующей отметки разгрузка не состоится (если только эту информацию не может сказать тот, кто привез товар и это совпадает с информацией в системе) 3. Информация о разгрузке контейреров должна быть в среде бронирования выгрузки Boger Smarten (infosys.ee) по меньшей мере за 3 рабочих дня со ссылкой на заказ на поставку. Только письма по электронной почте о бронировании времени на разгрузку контейнера не достаточно. Вышеизложенные правила помогают нам обеспечивать лучшее качество разгрузки и пранирование ресурсов. Updated procedure for unloading and receiving From 18.07.2022, the procedure for unloading and receiving goods at Rukki and Assaku warehouseswill change. All arrivals of goods must be registered in advance, even if there is only one pallet of goods. Bookings must be made in the Boger unloading environment: Smarten (infosys.ee) 1) When the goods arrive at the territory of Smarten, the driver must go to the reception tower(in Rukki, A-tower, and in Assaku, the tower without a sign in the middle of the building) and present the accompanying documentation of the provider (supplier/carrier) of the goods. If the accompanying documentation cannot be submitted, unloading will not take place (unless they have been sent to the reception mailbox in advance and are identifiable). Reception mailbox [email protected] 2) The accompanying documentation of the goods must have a 1:1 reference identical to the purchase order (PO) of Smarten system, on the basis of which the purchase order (PO) corresponding to the received goods can be identified from the system. If there is no corresponding note in the accompanying documentation, unloading will not take place (unless the person bringing the goods can tell the provider of the goods, and it canbe found in the system). 3) Container unloading information must be booked in the Boger unloading reservation environment Smarten (infosys.ee) at least 3 working days in advance with a reference to thepurchase order. Sending an e-mail is not enough to book the unloading of containers. By establishing the above, we ensure better unloading quality and resource planning. Smarten Logistics AS Tel: +372 6 135 800 Arvelduskonto EE111010022002165005 Raeküla tee 5, Rae küla E-post: [email protected] SEB Eesti Ühispank Rae vald Internet: www.smarten.ee 75301 Harjumaa Reg.nr. 10097532  Annex 3 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 416 (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 4110 (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  Annex 2 CODIFICATION CONDITIONS The conditions apply to the goods to be codified according to the NATO Codification System (C/NNC/1294/I00615). The codification office in Estonia is the Centre for Defence Investments, Järve 34a, 11314 Tallinn, e-mail [email protected]. 1. Requirements 1.1. For the purposes of codification of the goods, the Seller shall at least submit the codification office the details referred to in the clause 2 in a format that can be reproduced in writing and at the request of the codification office additional details without delay. 1.2. Codification details do not need to be transmitted if they have been previously transmitted for the same goods. In this case, the Seller shall inform the codification office of the previous transmission of the codification details and shall indicate the codification office to which the details have been submitted. 1.3. The Seller shall submit or coordinate the submission of supplementary information to the codification office for all modifications, design or drawing changes during the term of the Agreement. 1.4. The codification office has the right to request additional information from the Seller, including drawings, standards and specifications and their reference numbers, spare parts data, product catalogues, user manuals. 1.5. Where the Seller subcontracts the performance of the Agreement, the Seller shall ensure that the information required for codification is also provided for the subcontracted items. 1.6. The codification office informs the Seller of the completion of the code or the reasons for refusing to create the code. In the case of goods produced in Estonia, a code shall be generated within two weeks if sufficient details are available. In the case of goods produced abroad, the NATO Stock Number shall be created by the codification office of the country concerned within two months. 2. Details to be provided for the codification of items of equipment for the Estonian Defence Forces 2.1. DETAILS OF THE MANUFACTURING COMPANY (company owning the copyrights to the goods): 2.1.1. name; 2.1.2. address; 2.1.3. phone number; 2.1.4. email address; 2.1.5. website address. 2.2. DETAILS RELATING TO THE GOODS: 2.2.1. The designation of the goods and the name of the manufacturer, if different from the name of the subject of the Agreement (in Estonian and English). 2.2.2. 13-digit NATO STOCK NUMBER NSN (if known). 2.2.3. Manufacturer’s markings (manufacturer-issued markings (model number), factory designations and codes; spare part names, markings, designations and codes; references to product catalogue and user manual). 2.2.4. Supplementary technical documentation (references to drawings, standards, specifications, if available). 1/2 2.3. DETAILS OF THE DATA PROVIDER/CONTACT PERSON: 2.3.1. name; 2.3.2. address; 2.3.3. phone number; 2.3.4. email address. 2/2 Annex 3 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 416 (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 4110 (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 Annex 2 CODIFICATION CONDITIONS The conditions apply to the goods to be codified according to the NATO Codification System (C/NNC/1294/I00615). The codification office in Estonia is the Centre for Defence Investments, Järve 34a, 11314 Tallinn, e-mail [email protected]. 1. Requirements 1.1. For the purposes of codification of the goods, the Seller shall at least submit the codification office the details referred to in the clause 2 in a format that can be reproduced in writing and at the request of the codification office additional details without delay. 1.2. Codification details do not need to be transmitted if they have been previously transmitted for the same goods. In this case, the Seller shall inform the codification office of the previous transmission of the codification details and shall indicate the codification office to which the details have been submitted. 1.3. The Seller shall submit or coordinate the submission of supplementary information to the codification office for all modifications, design or drawing changes during the term of the Agreement. 1.4. The codification office has the right to request additional information from the Seller, including drawings, standards and specifications and their reference numbers, spare parts data, product catalogues, user manuals. 1.5. Where the Seller subcontracts the performance of the Agreement, the Seller shall ensure that the information required for codification is also provided for the subcontracted items. 1.6. The codification office informs the Seller of the completion of the code or the reasons for refusing to create the code. In the case of goods produced in Estonia, a code shall be generated within two weeks if sufficient details are available. In the case of goods produced abroad, the NATO Stock Number shall be created by the codification office of the country concerned within two months. 2. Details to be provided for the codification of items of equipment for the Estonian Defence Forces 2.1. DETAILS OF THE MANUFACTURING COMPANY (company owning the copyrights to the goods): 2.1.1. name; 2.1.2. address; 2.1.3. phone number; 2.1.4. email address; 2.1.5. website address. 2.2. DETAILS RELATING TO THE GOODS: 2.2.1. The designation of the goods and the name of the manufacturer, if different from the name of the subject of the Agreement (in Estonian and English). 2.2.2. 13-digit NATO STOCK NUMBER NSN (if known). 2.2.3. Manufacturer’s markings (manufacturer-issued markings (model number), factory designations and codes; spare part names, markings, designations and codes; references to product catalogue and user manual). 2.2.4. Supplementary technical documentation (references to drawings, standards, specifications, if available). 1/2 2.3. DETAILS OF THE DATA PROVIDER/CONTACT PERSON: 2.3.1. name; 2.3.2. address; 2.3.3. phone number; 2.3.4. email address. 2/2