Invitation to hold negotiations

Annex 3 Supporting documents of procurement To "Aircraft shelters" (reference number 284763) Request to review the technical documentaton in the " Aircraft shelters" procurement (reference number 284763) and Confidentiality requirements Tender: (name, registry code) Contact details: (address) contact person regarding the execution of the contract: (name, phone, e-mail address) Signatory of the contract: (name, personal identification number, contact details and basis of signature right) We would like to get acquainted with the documentation of the public procurement (reference number 284763). We ask that the encrypted document be forwarded to the e-mail address ……………………….. and the phone number for sending the password is ……………………….. (the supporting document is only forwarded to the company representative who has signed the document (Appendix_3_ Request to review the technical documentaton and confidentiality conditions), therefore the procurer cannot forward the document to the company's general email or to a person who does not have signed the document, insofar as the tender must ensure that information intended for internal use is not disclosed to third parties). We confirm that we use the documents issued by the supplier only within the scope of this procurement and do not disclose them to third parties, and we treat the received information as information intended for internal use. We confirm that we have read the confidentiality terms, signed them together with this application and undertake to comply with the confidentiality terms. Name of representative Date 1/1  Supporting documents of public procurement To "Aircraft shelters" (reference number 284763) Terms and conditions of confidentiality of a procurement of the Estonian Centre for Defence Investments (hereinafter referred to as “ECDI”) for the submission of a tender for the procurement “Aircraft shelters”, for which the ECDI is required to provide confidential information to the interested party (hereinafter ‘the recipient of information)’. 1. General terms and conditions 1.1. The purpose of these terms and conditions is to protect the confidential information provided by the ECDI to the recipient of information during the procurement procedure and the performance of the procurement agreement. By signing these terms and conditions, the recipient of information undertakes to keep this information confidential (hereinafter also the ‘confidentiality obligation’). 1.2. By signing these terms and conditions, the recipient of information confirms that they undertake to comply with the requirements for the processing of confidential information set out in legislation, including the data processing and data protection requirements set out in the Public Information Act, the Personal Data Protection Act, the Civil Service Act, and the Archives Act, and the requirements set out in the State Secrets and Classified Information of Foreign States Act and its implementing provisions. 1.3. In the procurement procedure, the procurement documents, and the procurement agreement, the ECDI is also referred to as the contracting authority and the recipient of information is also referred to as the interested person, tenderer, and contractor. ECDI also means the end user, i.e. the Defence Forces. ECDI and the recipient of information are also jointly referred to as the parties. 2. Confidential information 2.1. The following information, inter alia, is considered confidential: 2.1.1. the technical specifications and annexes thereto and other technical documentation with annexes, including the design documentation with annexes, which is provided to the recipient of information; 2.1.2. any other technical information on the object of the procurement provided in any form (written, oral, reproducible in writing, etc.) or exchanged between the parties; 2.1.3. questions, clarifications, explanations, opinions, and proposals provided regarding the technical specifications of the procurement or exchanged between the parties; 2.1.4. all documents that have been deemed by the ECDI as information intended for confidential or internal use within the meaning of the Public Information Act and any information the nature of which refers that it must be seen as confidential 1/3  information; 2.1.5. confidential information also includes other materials describing the object of the procurement agreement, personal and security information, computer programs, codes, algorithms, names and professional descriptions of employees and consultants, know-how, forms, processes, ideas, strategies, inventions (both patentable and non-patentable), schemes and other technical, commercial, financial, or product development plans, other information which has been recognised by law as having a restriction on access, and other information the disclosure of which could harm the interests of the ECDI; 2.1.6. Information containing state secrets and classified information of foreign states. 3. Confidentiality responsibilities of the recipient of information and confirmations 3.1. The recipient of information undertakes to fulfil the following obligations without a term: 3.1.1. not to disclose confidential information to any extent or scale, in whole or in part, to any third party without the prior written consent of the ECDI; 3.1.2. use confidential information only for the purpose of submitting a tender during the procurement procedure and for the purpose of performing the agreement in the event of being awarded the agreement; 3.1.3. the recipient of information confirms that if their tender is not successful and they are not awarded the procurement agreement, they will delete all documents transferred by the ECDI during the procurement procedure from all data media, return the physical data media received from the ECDI, and ensure that their subcontractors do the same; upon request, the recipient of information will provide evidence of the deletion to ECDI; 3.1.4. the recipient of information confirms that after the termination of the procurement agreement, they will delete all documents transferred by the ECDI during the procurement procedure and the performance of the procurement agreement from all data media and return the physical data media received from the ECDI, and ensure that their subcontractors do the same; upon the request of the ECDI, the recipient of information will provide evidence of this; 3.1.5. the recipient of information confirms that confidential information may only be disclosed with the written consent of the ECDI to the extent necessary for the purpose of performing the procurement agreement; 3.1.6. ensure that the members of its governing bodies as well as the staff and subcontractors comply with the obligations and rules necessary to fulfil the purpose of these terms and conditions and establish the necessary measures to that end; 3.1.7. keep records of to whom and to what extent confidential information has been disclosed and provide the relevant information to the ECDI upon request; 3.1.8. when concluding the procurement agreement, comply with all requirements for the processing and use of confidential information, including the requirements set out in the annex to these terms and conditions. 2/3 4. Liability 4.1. The recipient of information is liable for any breaches of obligations pursuant to these terms and conditions and legislation. 4.2. For a breach of an obligation provided in the terms and conditions, the recipient of information undertakes to pay a contractual penalty of up to 5,000 (five thousand) euros per each individual breach. 4.3. In addition to the contractual penalty, the recipient of information is required to compensate the ECDI for the damage caused by the breach of the confidentiality obligation to the extent that the contractual penalty did not cover. Damage caused to third persons by a breach of the confidentiality obligation, which the ECDI has paid for or must pay for, is also considered damage. 4.4. The recipient of information is required to pay a contractual penalty and/or compensation for damage to the ECDI within 28 (twenty-eight) days as of the receipt of the relevant claim. If the recipient of information delays the payment, a late payment interest of 0.2% per day will be applied to the claimed amount. 4.5. The recipient of information is obliged to notify the ECDI without delay of a breach of the terms and conditions or the suspicion that the information has been disclosed, and to immediately take all comprehensive measures to mitigate the consequences of the breach and prevent further damage. The ECDI has the right to file a claim for a contractual penalty and compensation for damage within two months as of becoming aware of the breach. If the circumstances on which the claim is based need to be clarified or investigated, the ECDI may extend that term by notifying the recipient of information as soon as possible. 4.6. The right of the ECDI to file claims arising from a breach of the confidentiality obligation is without a term. 5. Entry into force of the terms and conditions 5.1. The terms and conditions enter into force upon signing. 5.2. The annex to the terms and conditions sets out the rules for the processing of confidential information, which the recipient of information undertakes to comply with during the performance of the procurement agreement as well as during the preparation of the tender for the procurement, if this arises from the nature of the rule. 6. Annexes 6.1. Annex: Rules for the processing of confidential information 3/3  Annex Rules for the processing of confidential information 1. Organisation of work 1.1. General requirements for the organisation of work 1.1.1. The recipient of information is obliged, on an ongoing basis, to keep records of the persons who have access to the restricted materials designated FOR INTERNAL USE related to the project and to provide a summary of that information (incl. subcontractors) at the request of the ECDI. 1.1.2. The internal work process of the recipient of information and the computer systems used must prevent access to restricted information (incl. documents designated FOR INTERNAL USE, design instructions of the ECDI, protocols, etc.) by persons who are not the persons specified in clause 1.1.1. 1.1.3. All parts of the project with restricted access (FOR INTERNAL USE) must be encrypted with the DigiDoc3 crypto programme before being sent by email. Tenderers who are not located in the Republic of Estonia and who do not have the capacity to use the DigiDoc3 system, are allowed to transmit the Restricted (FOR INTERNAL USE) project documentation by e-mail using the 7-Zip application, which requires password protection of the documents in the 7-Zip application container. 1.1.4. All parts of the project with restricted access (FOR INTERNAL USE) must be encrypted with the DigiDoc3 crypto programme when saving them on data media (CD, DVD, USB drive, etc.), unless otherwise agreed with the ECDI. Tenderers who are not located in the Republic of Estonia and who do not have the capacity to use the DigiDoc3 system are allowed to save parts of the Restricted (FOR INTERNAL USE) project documentation on storage media (CD, DVD, memory stick or other) using the 7-Zip application, which requires the documents in the 7-Zip application container to be password protected. 1.1.5. Restricted materials may not be copied to servers beyond the control of the recipient of information (e.g. Google Drive, DropBox, OneCloud, etc.). The recipient of information must elaborate with the ECDI when launching the design how the recipient of information is allowed to handle the restricted materials. 1.2. Project management 1.2.1. All parts of the project have an access restriction on the level of FOR INTERNAL USE on the basis of § 35 clause 1 subsection 61 of the Public Information Act; therefore, a corresponding notation must always be made on all parts of the project. 1.2.2. Restricted (FOR INTERNAL USE) project documentation will be submitted to the Consumer Protection and Technical Regulatory Authority and its designated authorities in a digital format on an electronic data medium (CD, DVD, USB drive) and must be encrypted in accordance with clause 1.1.4. If necessary, additional drawings should be drawn up for approval, which must be marked in accordance with clause 1.2.1. and submitted as provided in this clause. 1/2 2. Requirements for the processing of confidential information 2.1. Requirements for the server and the project bank (hereinafter also ‘the system’) When using a server / project bank to process materials designated FOR INTERNAL USE (incl. for storage, transfer, viewing, etc.), the server / project bank must meet the following requirements: 2.1.1. the system must be located on the premises of the recipient of information or it must be ensured that the documents are protected against access by the server service provider whose service the recipient of information uses; 2.1.2. access to the system is restricted by IP addresses; 2.1.3. access to the system must be protected by personalised user accounts; 2.1.4. the recipient of information must configure their system so that users are required to use a secure password (10+ characters, uppercase and lowercase letters, numbers, special characters); 2.1.5. the recipient of information must configure their system so that the connection to the clients (incl. the ECDI) takes place via encrypted channels (https, sftp); 2.1.6. materials designated FOR INTERNAL USE and uploaded into the system may only be accessed by people involved in the project; 2.1.7. the recipient of information must have a constant overview of who has access to materials designated FOR INTERNAL USE; 2.1.8. the recipient of information must keep log files of all attempts to access the files (both successful and unsuccessful) and transfer them to the ECDI when so requested by the ECDI; 2.1.9. in order to verify compliance with the requirements of clauses 2.1.1.–2.1.3., the recipient of information will allow the experts of the ECDI to audit the server system before it is deployed; 2.1.10. the permission to use the project bank (server) is recorded in the minutes of the design meeting; the project bank may not be used to process materials designated FOR INTERNAL USE before obtaining permission from the ECDI. 2.2. The design environment must meet at least the following conditions: 2.2.1. users of the design environment must have personalised user accounts from which the real user can be identified; 2.2.2. the length of the password must comply with the conditions laid down in clause 2.1.4.; 2.2.3. the password must be valid for a minimum of 1 and a maximum of 90 calendar days; 2.2.4. the last five (5) passwords used must not be reusable; 2.2.5. the design environment must enable restricting (authorising) access to different parts of the project according to the need to know; 2.2.6. the recipient of information must keep a list of persons who have access to parts of the project; 2.2.7. the design environment must account for the materials to be processed being at least on the level of FOR INTERNAL USE in accordance with the Public Information Act. 2/2 Tenders 07.10.2024 No 2-11/24/4421 Invitation to hold negotiations 1. General information Name and details of the Contracting Authority: Estonian Centre for Defence Investments, (hereinafter referred to as “ECDI”), Järve 34a, 11314 Tallinn Person responsible for the public procurement: Ave Nael, [email protected] Name of the public procurement: Aircraft Shelters Type of procurement procedure: Negotiated procurement procedure without prior publication of a tender notice 2. Preparation for negotiations 2.1. The technical specifications of the subject matter of the Contract (Annex 1) and the terms and conditions of the Contract (Annex 2) are annexed to this document. 2.2. The Tenderer undertakes to cover all costs related to the preparation and submission of the tender and the conclusion of the contract. The Contracting Authority will not be reimbursed for any loss or expense incurred in connection with their participation in the procurement procedure. 2.3. The negotiations will be based on the technical specifications set out in Annex 1, which contains information that is restricted, i.e., classified for internal use. Annex 1 will be forwarded in encrypted to the e-mail address of the Tenderer's representative after the Annex 3 “Request for access to technical documentation and Confidentiality requirements” signed by the Tenderer's legal representative or (upon presentation of the relevant authorisation) by the Tenderer's authorised representative has been forwarded to the e-mail addresses [email protected] and [email protected] . 3. Conducting negotiations 3.1. Negotiations will take place in writing. Negotiations can be held in several rounds. 3.2. The subject of the negotiations are prices and the volume of the technical specification, i.e fastening methods, transport solutions and diferent loads. 3.3. Proposals of the negotiations must be submitted by 22 October at 12.00 to the following e- mail addresses [email protected] and [email protected]. 3.4. If in the course of the negotiations it is decided to make modifications compared to the initial solutions and conditions described in the original documents, the Contracting Authority makes additions to the documents if necessary and forwards the information to all tenderers participating in the negotiations for the submission of tenders. Irrespective of the modifications made to the documents, the Contracting Authority may authorise the modification of the tender cost up to the full amount of the statement of the cost (even if no modifications are made to the documents). 3.5. After negotiations, the Contracting Authority submits a tender proposal. Järve 34a / 11314 Tallinn / Estonia / +372 717 0400 / [email protected] / www.ecdi.ee Registration code 70009764  3.6. Once the deadline for the submission of final tenders has passed, all initial tenders will expire. 3.7. The Contracting Authority reserves the right to refrain from ordering parts of the goods and services or to reject a tender if its value exceeds the budget or if there is a need to significantly modify the subject matter of the Procurement Contract. 4. Security requirements and confidentiality 4.1. During the performance of the contract, the Tenderer must comply with the conditions and requirements set out in the terms and conditions for the place of performance of the Contract (Annex 5 “Security Requirements”). 4.2. If the Tenderer uses subcontractors for the performance of the contract, all the security requirements mentioned above will also apply to them. The Tenderer is responsible for ensuring that the security requirements are complied with by subcontractors. 4.3. The Tenderer must take into account the fact that failure to comply with the security requirements entitles the Contracting Authority not to conclude the Contract or to terminate the Contract exceptionally without adhering to the term for advance notice. 5. Annexes 5.1. Annex 1. Technical Specifications; 5.2. Annex 2. Draft Procurement Contract; 5.3. Annex 3. Request to review the technical documentaton in the „Aircraft Shelters“ procurement and Confidentiality requirements; 5.4. Annex 4. Aircraft Shelters cost submission; 5.5. Annex 5. Security Requirements. (Signed digitally) Steven Linkov Western Portfolio Manager Infrastrucure Department Ave Nael Senior Procurement Project Manager 2  Annex 5 Security Requirements As the object of the public procurement is located in the restricted military area of the Estonian Defence Forces, the contract partner is informed of the following terms and conditions: 1. Purpose of informing about security requirements 1.1. The purpose of informing is to explain to the contract partner the relationships and rights and obligations of the Parties upon compliance with security requirements in the restricted military area of the Defence Forces. 2. Definitions 2.1. The definitions used upon informing have the following meaning: 2.1.1. Person to be checked – an employee of the Contractor and subcontractor who is subject to a background check with their prior written consent in connection with an application for access to the security restricted area of the Defence Forces. 2.1.2. Background check – an inspection of the circumstances provided in § 41³ of the Estonian Defence Forces Organisation Act (EDFOA) conducted by the Defence Forces for the purpose of ensuring the security of the Defence Forces in order to decide on permitting the access of the person to be checked to the restricted military area of the Defence Forces. 2.1.3. Structural unit of the Defence Forces – within the meaning of §§ 12 and 13 of the EDFOA. 2.1.4. Restricted military area of the Defence Forces – within the meaning of § 50 of the EDFOA. 2.1.5. Object of public procurement – the work area meant for performing the contract that is located on the restricted military area of the Defence Forces. 2.1.6. Security requirements – the general security requirements specified in this document, including requirements related to the conduct of a background check and requirements arising from other legislation and established for ensuring the security of the Defence Forces. 2.1.7. Application for entry – a document that the Contractor’s person responsible for carrying out the check is required to submit in order to initiate a background check on the person to be checked and to obtain the right of access to the facility. The application for entry may be submitted on the basis of the sample provided or in a free format e-mail to the e-mail address teenusepakkujad[at]mil.ee. The filled-in consent forms for the background check shall be appended to the application. 2.1.8. Consent form – the document form constituting part of an application for entry that the person to be checked must complete. 2.1.9. Right of entry – the right to stay on the object in connection with performing the contract. One of the prerequisites for obtaining the right of entry is the successful passing of the background check. 2.1.10. Person with right of access – a background-checked member of the staff of the Contractor and a member of the subcontractor's staff authorised to enter and remain unaccompanied on the site in connection with the performance of the Contract. A person holding the right of entry shall be permitted to the object on the conditions established by the specific structural unit of the Defence Forces. 2.1.11. Person with special access rights – a person having rights of access who, only in exceptional cases and with the prior agreement of the person in charge of the Defence 1/4  Forces, is authorised to enter and remain on the site with an escort from the Contractor in connection with the performance of the Contract. 2.1.12. Responsible person of the Defence Forces (hereinafter responsible person of the DF) – a person who has been appointed by the Defence Forces and is responsible for compliance with the security requirements of the object located in the specific restricted military area of the Defence Forces. 2.1.13. Responsible person of the Centre for Defence Investment (hereinafter the responsible person of the CDI) – a contractual contact person by means of whom the organisation of the performance of contractual obligations and the communication of the notices, claims and other documents provided in the Agreement takes place. 2.1.14. Responsible person of the Contractor – the responsible person appointed by the Contractor to be responsible for compliance with security requirements. 2.1.15. Person responsible for the object – the person appointed by the Contractor as responsible for the fulfilment of security requirements at an object located in the security area of the Defence Forces. The 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. The Contractor has the right to: 3.1.1. obtain information necessary for compliance with the security requirements from the responsible person of the DF; 3.1.2. obtain, based on the results of the background check, information about obtaining the right of entry from the responsible person of the DF. 3.2. The Contractor must: 3.2.1. ensure the provision of the service agreed in the contract only by a person holding the right of entry; 3.2.2. comply with and ensure that a person holding the right of entry, including a person holding the right of entry under a special condition, follows the security requirements under the terms and conditions established in the restricted military area of the Defence Forces and also ensure the compliance therewith by subcontractors; 3.2.3. not plan for a person to provide the service: - who has not been granted the right of entry; - in respect of whom no background check has been conducted; - whose right of entry under a special condition has not been approved; 3.2.4. present the following documents for gaining the right of entry and commencing the background check for a natural person providing services on the object at the first opportunity but no later than seven (7) working days before the commencement of the work agreed on in the Contract at the e-mail address [email protected]: - the application for entry (see sample provided), and - the filled-in consent of the person to be checked that has been signed in hand (scanned) or signed digitally; 3.2.5. submit the original documents of the consents set out in the clause above to the postal address Kaitsevägi, Magasini 31A, 10138 Tallinn; 3.2.6. specify the following in the free-form application for entry to be submitted: -the first name, surname and personal identification code of the natural person who shall provide the service and the name of the Contractor and/or subcontractor; -the reason for obtaining the right of entry, i.e. the description of the service or work that the person shall provide or perform on the specific object; -reference to the awarded contract and the term of the contract; 2/4  -details of the vehicle (make/model and registration number) with which the person wants to enter the restricted military area of the DF; -contact details of the representative of the Contractor (e-mail address, telephone number); -append to the application the consent signed by the person to be checked. 3.2.7. further append to an application for gaining the right of entry and commencing the background check, in the case of an alien, the following: -a copy of the page of the identity document that includes the picture, including a visa or another document verifying the legal basis of stay in Estonia; 3.2.8. confirm and certify the granting, possession and extension of the legal basis for the alien’s employment in Estonia (§§ 19 and 20 of the Aliens Act); 3.2.9. submit, upon failure to obtain the right of entry as a result of a background check of the person being checked and if necessary for the purposes of a background check, a new application for entry with the person’s consent; 3.2.10. maintain an appropriate list of the persons holding the right of entry and update, at the end of each calendar year, the list of the employees who continue to provide the service the next calendar year, sending an appropriate list to the e-mail address teenusepakkujad[at]mil.ee; 3.2.11. immediately indicate the end of the need for entry in the case of a person holding the right of entry by sending an e-mail to the address teenusepakkujad[at]mil.ee; 3.2.12. immediately inform the responsible person of the DF of all breaches or suspected breaches of the security requirements on the object. 4. Rights and obligations of the Defence Forces 4.1. The Defence Forces have the right to: 4.1.1. conduct a background check in respect of the person to be checked as a rule within up to seven (7) working days of receiving a proper application for entry and consent; 4.1.2. conduct a new background check in the case provided in clause 3.2.9, taking into account the terms provided in clause 4.1.1; 4.1.3. extend, in other justified cases, the term for the conduct of a background check by up to seven (7) working days, informing the contractor’s responsible person thereof in a format that can be reproduced in writing; 4.1.4. establish security requirements where the responsible person of the contractor shall be informed of significant restrictions at the first opportunity; 4.1.5. grant or restrict, based on the circumstances detected in the course of the background check, the right of entry to the person being checked or grant the Inspected Person the rights of a person holding the right of entry under a special condition; 4.1.6. refuse, for security considerations, to grant the right of entry, including to a person in respect of whom no background check has been or can be conducted and refuse to approve the right of entry of a person holding the right of entry under a special condition; 4.1.7. restrict the access of stateless persons or persons having foreign citizenship to security areas, according to the right to access state secrets, the need to know and other requirements provided by the State Secrets and Classified Information of Foreign States Act; 4.1.8. prohibit the Inspected Person, upon failure to submit or properly submit consent, from entering the object; 4.1.9. check the compliance with the security requirements established on the object in respect of the person holding the right of entry and/or the right of entry under a special condition; 3/4  4.1.10. prohibit the person provided in clauses 2.1.10 and 2.1.11 from staying in the restricted military area of the Defence Forces upon failure to follow the security requirements or upon breach of the same. 4.2. The Defence Forces shall: 4.2.1. inform the contractor’s responsible person in a format that can be reproduced in writing about granting the person to be checked the right of entry to the object, including about respective restrictions; 4.2.2. inform the contractor’s responsible person of detecting a breach of the security requirements by the person holding the right of entry or the right of entry under special conditions, which rules out any further opportunities of such a person to obtain the right of entry to the object; 4.2.3. introduce the security requirements established on the object or amendments thereto to the person holding the right of entry, including to the person holding the right of entry under a special condition. 4.3. The contact details of the responsible person of the Defence Forces (clause 2.1.12), the responsible person of the CDI (clause 2.1.13), the responsible person of the Contractor (clause 2.1.14) and the responsible person of the object (clause 2.1.15) shall be determined upon entry into the Contract. 5. Final provisions 5.1. A Party shall inform the other Party of any changes to the responsible persons in a format that can be reproduced in writing. 5.2. The requirements provided in applicable legislation shall be proceeded from upon processing personal data. 5.3. The Defence Forces shall have the right to extraordinarily suggest proposals to the CDI for terminating the Contract without taking into consideration the term for advance notice if the Contractor violates the obligations provided in clauses 3.2.1–3.2.4, does not comply with the confidentiality obligation provided in the Contract, or the employees of the Contractor or a subcontractor fail to comply with the requirements established on the restricted military area of the Defence Forces. 4/4  [INSERT COMPANY HEADER] APPLICATION FOR GAINING RIGHT OF ENTRY TO RESTRICTED MILITARY AREA OF DEFENCE FORCES FOR PROVIDING SERVICES APPLICATION FOR ENTRY [Registration number] [………..……] date By submitting this application, I hereby warrant and represent that [name of company] has entered into a contract with [name of Institution] and requires entry to a restricted military area of the Defence Forces in relation to contract No. [contract number]. The contract is valid from [start date of contract] until [end date of contract]. [Name of company] is performing [purpose of contract, nature of work] on the restricted military area of the Defence Forces and is applying for right of entry to the following objects: 1. Name of the object: [name of the object] Address: [address] Person responsible for the object: [first name and surname], [phone number], [e-mail address] Person in charge of the Defence Forces: [first name and surname] 2. etc. With regard to the need for access to the above mentioned sites of the Defence Forces, the Contractor requests that [name of company] initiate a background check for the right of access to the following person(s) as the employees of the Contractor [name of the company] [and name of subcontractor], based on the consent of the individuals (signed consent forms are attached to the request) and the right of access to the vehicles identified in the request. Main contractor [company name] employees: 1. [First name and surname, personal identification code] 2. etc. Employees of the [subcontractor name]: 1. [First name and surname, personal identification code] 2. etc. Vehicles: 1. Registry number Make/model 2. etc. The Contractor is aware that depending on the results of the background check, the Defence Forces have the right to limit the access of persons to the restricted military area of the Defence Forces and passing the background check does not guarantee automatic access to the restricted military area of the Defence Forces. [Signature] [First name and surname] [Position] Annexes: consents ... on pages. 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) AUTHORISATION FOR CONDUCTING A PERSONAL BACKGROUND INVESTIGATION ON A NATURAL PERSON FOR THE PURPOSES OF OBTAINING CLEARANCE TO ACCESS RESTRICTED MILITARY AREAS OF THE ESTONIAN DEFENCE FORCES IN ORDER TO PROVIDE SERVICES TO THE ESTONIAN DEFENCE FORCES (First Name and Last Name) Personal identification code: I hereby authorise the Estonian Defence Forces to process my personal data in the manner provided for in § 41⁵ of the Estonian Defence Forces Organisation Act (hereinafter: EDFOA) in order to obtain clearance to access restricted military areas for the duration of the validity of the service provision contract but no longer than five years as of receiving this authorisation. By giving this Authorisation I acknowledge the following: 1. I have the right to refuse to give my authorisation (clause 416 (2) 1) of EDFOA); 2. I have the right to refuse to provide any information that may result in offence proceedings being brought against me or people close to me or my domestic partner (clause 416 (2) 2) of EDFOA ); 3. I have the right to request the termination of any data collection or queries concerning me (clause § 416 (2) 3) of EDFOA ); 4. I have the right to provide explanations for the information collected about me (clause 416 (2) 4) of EDFOA); 5. if I should refuse to authorise a background investigation or request to terminate data collection or inquiries, it may constitute grounds for refusal to grant me clearance to access restricted military areas of the Estonian Defence Forces (subsection 41³ (4) of EDFOA); 6. I have the right to protect my rights by having recourse to the courts, the Chancellor of Justice or the Data Protection Inspectorate to challenge any decisions made on the basis of information collected in accordance with section 41⁶ of EDFOA in order to ascertain whether the Estonian Defence Forces have safeguarded my basic rights and liberties and followed good administrative practice (clause 416 (2) 5) of EDFOA); 7. the Estonian Defence Forces retain the right to restrict my rights with regard to the personal data being processed (subsections 41¹⁰ (3) and (4) of EDFOA). (day, month, year) [ signed digitally ]1 1 handwritten signature also allowed 1/1  Annex 3 Supporting documents of procurement To "Aircraft shelters" (reference number 284763) Request to review the technical documentaton in the " Aircraft shelters" procurement (reference number 284763) and Confidentiality requirements Tender: (name, registry code) Contact details: (address) contact person regarding the execution of the contract: (name, phone, e-mail address) Signatory of the contract: (name, personal identification number, contact details and basis of signature right) We would like to get acquainted with the documentation of the public procurement (reference number 284763). We ask that the encrypted document be forwarded to the e-mail address ……………………….. and the phone number for sending the password is ……………………….. (the supporting document is only forwarded to the company representative who has signed the document (Appendix_3_ Request to review the technical documentaton and confidentiality conditions), therefore the procurer cannot forward the document to the company's general email or to a person who does not have signed the document, insofar as the tender must ensure that information intended for internal use is not disclosed to third parties). We confirm that we use the documents issued by the supplier only within the scope of this procurement and do not disclose them to third parties, and we treat the received information as information intended for internal use. We confirm that we have read the confidentiality terms, signed them together with this application and undertake to comply with the confidentiality terms. Name of representative Date 1/1  Supporting documents of public procurement To "Aircraft shelters" (reference number 284763) Terms and conditions of confidentiality of a procurement of the Estonian Centre for Defence Investments (hereinafter referred to as “ECDI”) for the submission of a tender for the procurement “Aircraft shelters”, for which the ECDI is required to provide confidential information to the interested party (hereinafter ‘the recipient of information)’. 1. General terms and conditions 1.1. The purpose of these terms and conditions is to protect the confidential information provided by the ECDI to the recipient of information during the procurement procedure and the performance of the procurement agreement. By signing these terms and conditions, the recipient of information undertakes to keep this information confidential (hereinafter also the ‘confidentiality obligation’). 1.2. By signing these terms and conditions, the recipient of information confirms that they undertake to comply with the requirements for the processing of confidential information set out in legislation, including the data processing and data protection requirements set out in the Public Information Act, the Personal Data Protection Act, the Civil Service Act, and the Archives Act, and the requirements set out in the State Secrets and Classified Information of Foreign States Act and its implementing provisions. 1.3. In the procurement procedure, the procurement documents, and the procurement agreement, the ECDI is also referred to as the contracting authority and the recipient of information is also referred to as the interested person, tenderer, and contractor. ECDI also means the end user, i.e. the Defence Forces. ECDI and the recipient of information are also jointly referred to as the parties. 2. Confidential information 2.1. The following information, inter alia, is considered confidential: 2.1.1. the technical specifications and annexes thereto and other technical documentation with annexes, including the design documentation with annexes, which is provided to the recipient of information; 2.1.2. any other technical information on the object of the procurement provided in any form (written, oral, reproducible in writing, etc.) or exchanged between the parties; 2.1.3. questions, clarifications, explanations, opinions, and proposals provided regarding the technical specifications of the procurement or exchanged between the parties; 2.1.4. all documents that have been deemed by the ECDI as information intended for confidential or internal use within the meaning of the Public Information Act and any information the nature of which refers that it must be seen as confidential 1/3  information; 2.1.5. confidential information also includes other materials describing the object of the procurement agreement, personal and security information, computer programs, codes, algorithms, names and professional descriptions of employees and consultants, know-how, forms, processes, ideas, strategies, inventions (both patentable and non-patentable), schemes and other technical, commercial, financial, or product development plans, other information which has been recognised by law as having a restriction on access, and other information the disclosure of which could harm the interests of the ECDI; 2.1.6. Information containing state secrets and classified information of foreign states. 3. Confidentiality responsibilities of the recipient of information and confirmations 3.1. The recipient of information undertakes to fulfil the following obligations without a term: 3.1.1. not to disclose confidential information to any extent or scale, in whole or in part, to any third party without the prior written consent of the ECDI; 3.1.2. use confidential information only for the purpose of submitting a tender during the procurement procedure and for the purpose of performing the agreement in the event of being awarded the agreement; 3.1.3. the recipient of information confirms that if their tender is not successful and they are not awarded the procurement agreement, they will delete all documents transferred by the ECDI during the procurement procedure from all data media, return the physical data media received from the ECDI, and ensure that their subcontractors do the same; upon request, the recipient of information will provide evidence of the deletion to ECDI; 3.1.4. the recipient of information confirms that after the termination of the procurement agreement, they will delete all documents transferred by the ECDI during the procurement procedure and the performance of the procurement agreement from all data media and return the physical data media received from the ECDI, and ensure that their subcontractors do the same; upon the request of the ECDI, the recipient of information will provide evidence of this; 3.1.5. the recipient of information confirms that confidential information may only be disclosed with the written consent of the ECDI to the extent necessary for the purpose of performing the procurement agreement; 3.1.6. ensure that the members of its governing bodies as well as the staff and subcontractors comply with the obligations and rules necessary to fulfil the purpose of these terms and conditions and establish the necessary measures to that end; 3.1.7. keep records of to whom and to what extent confidential information has been disclosed and provide the relevant information to the ECDI upon request; 3.1.8. when concluding the procurement agreement, comply with all requirements for the processing and use of confidential information, including the requirements set out in the annex to these terms and conditions. 2/3 4. Liability 4.1. The recipient of information is liable for any breaches of obligations pursuant to these terms and conditions and legislation. 4.2. For a breach of an obligation provided in the terms and conditions, the recipient of information undertakes to pay a contractual penalty of up to 5,000 (five thousand) euros per each individual breach. 4.3. In addition to the contractual penalty, the recipient of information is required to compensate the ECDI for the damage caused by the breach of the confidentiality obligation to the extent that the contractual penalty did not cover. Damage caused to third persons by a breach of the confidentiality obligation, which the ECDI has paid for or must pay for, is also considered damage. 4.4. The recipient of information is required to pay a contractual penalty and/or compensation for damage to the ECDI within 28 (twenty-eight) days as of the receipt of the relevant claim. If the recipient of information delays the payment, a late payment interest of 0.2% per day will be applied to the claimed amount. 4.5. The recipient of information is obliged to notify the ECDI without delay of a breach of the terms and conditions or the suspicion that the information has been disclosed, and to immediately take all comprehensive measures to mitigate the consequences of the breach and prevent further damage. The ECDI has the right to file a claim for a contractual penalty and compensation for damage within two months as of becoming aware of the breach. If the circumstances on which the claim is based need to be clarified or investigated, the ECDI may extend that term by notifying the recipient of information as soon as possible. 4.6. The right of the ECDI to file claims arising from a breach of the confidentiality obligation is without a term. 5. Entry into force of the terms and conditions 5.1. The terms and conditions enter into force upon signing. 5.2. The annex to the terms and conditions sets out the rules for the processing of confidential information, which the recipient of information undertakes to comply with during the performance of the procurement agreement as well as during the preparation of the tender for the procurement, if this arises from the nature of the rule. 6. Annexes 6.1. Annex: Rules for the processing of confidential information 3/3  Annex Rules for the processing of confidential information 1. Organisation of work 1.1. General requirements for the organisation of work 1.1.1. The recipient of information is obliged, on an ongoing basis, to keep records of the persons who have access to the restricted materials designated FOR INTERNAL USE related to the project and to provide a summary of that information (incl. subcontractors) at the request of the ECDI. 1.1.2. The internal work process of the recipient of information and the computer systems used must prevent access to restricted information (incl. documents designated FOR INTERNAL USE, design instructions of the ECDI, protocols, etc.) by persons who are not the persons specified in clause 1.1.1. 1.1.3. All parts of the project with restricted access (FOR INTERNAL USE) must be encrypted with the DigiDoc3 crypto programme before being sent by email. Tenderers who are not located in the Republic of Estonia and who do not have the capacity to use the DigiDoc3 system, are allowed to transmit the Restricted (FOR INTERNAL USE) project documentation by e-mail using the 7-Zip application, which requires password protection of the documents in the 7-Zip application container. 1.1.4. All parts of the project with restricted access (FOR INTERNAL USE) must be encrypted with the DigiDoc3 crypto programme when saving them on data media (CD, DVD, USB drive, etc.), unless otherwise agreed with the ECDI. Tenderers who are not located in the Republic of Estonia and who do not have the capacity to use the DigiDoc3 system are allowed to save parts of the Restricted (FOR INTERNAL USE) project documentation on storage media (CD, DVD, memory stick or other) using the 7-Zip application, which requires the documents in the 7-Zip application container to be password protected. 1.1.5. Restricted materials may not be copied to servers beyond the control of the recipient of information (e.g. Google Drive, DropBox, OneCloud, etc.). The recipient of information must elaborate with the ECDI when launching the design how the recipient of information is allowed to handle the restricted materials. 1.2. Project management 1.2.1. All parts of the project have an access restriction on the level of FOR INTERNAL USE on the basis of § 35 clause 1 subsection 61 of the Public Information Act; therefore, a corresponding notation must always be made on all parts of the project. 1.2.2. Restricted (FOR INTERNAL USE) project documentation will be submitted to the Consumer Protection and Technical Regulatory Authority and its designated authorities in a digital format on an electronic data medium (CD, DVD, USB drive) and must be encrypted in accordance with clause 1.1.4. If necessary, additional drawings should be drawn up for approval, which must be marked in accordance with clause 1.2.1. and submitted as provided in this clause. 1/2 2. Requirements for the processing of confidential information 2.1. Requirements for the server and the project bank (hereinafter also ‘the system’) When using a server / project bank to process materials designated FOR INTERNAL USE (incl. for storage, transfer, viewing, etc.), the server / project bank must meet the following requirements: 2.1.1. the system must be located on the premises of the recipient of information or it must be ensured that the documents are protected against access by the server service provider whose service the recipient of information uses; 2.1.2. access to the system is restricted by IP addresses; 2.1.3. access to the system must be protected by personalised user accounts; 2.1.4. the recipient of information must configure their system so that users are required to use a secure password (10+ characters, uppercase and lowercase letters, numbers, special characters); 2.1.5. the recipient of information must configure their system so that the connection to the clients (incl. the ECDI) takes place via encrypted channels (https, sftp); 2.1.6. materials designated FOR INTERNAL USE and uploaded into the system may only be accessed by people involved in the project; 2.1.7. the recipient of information must have a constant overview of who has access to materials designated FOR INTERNAL USE; 2.1.8. the recipient of information must keep log files of all attempts to access the files (both successful and unsuccessful) and transfer them to the ECDI when so requested by the ECDI; 2.1.9. in order to verify compliance with the requirements of clauses 2.1.1.–2.1.3., the recipient of information will allow the experts of the ECDI to audit the server system before it is deployed; 2.1.10. the permission to use the project bank (server) is recorded in the minutes of the design meeting; the project bank may not be used to process materials designated FOR INTERNAL USE before obtaining permission from the ECDI. 2.2. The design environment must meet at least the following conditions: 2.2.1. users of the design environment must have personalised user accounts from which the real user can be identified; 2.2.2. the length of the password must comply with the conditions laid down in clause 2.1.4.; 2.2.3. the password must be valid for a minimum of 1 and a maximum of 90 calendar days; 2.2.4. the last five (5) passwords used must not be reusable; 2.2.5. the design environment must enable restricting (authorising) access to different parts of the project according to the need to know; 2.2.6. the recipient of information must keep a list of persons who have access to parts of the project; 2.2.7. the design environment must account for the materials to be processed being at least on the level of FOR INTERNAL USE in accordance with the Public Information Act. 2/2  Annex 2 CONTRACT Tallinn ……………. No 3-6/24/…………… The Estonian Centre for Defence Investments, registry code 70009764, address Järve 34a, 11314 Tallinn, Estonia, represented on the basis of the statute by Director General Magnus-Valdemar Saar (hereinafter referred to as the Contracting Authority), on the one hand, and ....., with the registry code ....., represented by based on statutes/power of attorney ..... (hereinafter referred to as the Contractor), on the other hand (separately hereinafter also referred to as Party and collectively Parties), have entered into the following Contract (hereinafter referred to as Contract) in good faith: 1. GENERAL PROVISIONS 1.1. The Contract is concluded on the basis of the procurement „Aircraft shelters” (reference number 284763) and the Tender of the Seller. 1.2. The documentation of this Contract includes this contract, annexes to the contract, and amendments and modifications to the Contract, which may be agreed after signing this Contract. 1.3. This Contract takes effect from the moment of its signing by the Parties. 1.4. The Contractor is obliged to return the Contract signed by them to the Contracting Authority within 3 (three) working days from the date of receipt of the Contract sent by the Contracting Authority to the Contractor for signature. If the Contractor fails to return the Contract signed by them within this time limit, the Contracting Authority may consider the tender to be withdrawn for reasons beyond its control and claim damages from the Contractor. 2. Objects of Contract, representations and warranties 2.1. The Contractor undertakes to carry out for the Contracting Authority the work together with the services specified in clause 1 of the Technical Specification (Annex 1) (hereinafter collectively referred to as Work). The work must comply with the technical specifications provided. 2.2. With respect to the terms and conditions not specified in this Contract, the Work must comply with the requirements usually applied to similar activities and/or enable the Customer to achieve the objective assumed in the Contract and be of the best quality, taking into account the respective circumstances. 2.3. The Work does not conform to the terms and conditions of the Contract if the third parties have any claims or other rights with regard to the Work, which they can exercise or file against the Contracting Authority. 2.4. The Contracting Authority undertakes to pay the Contractor the agreed remuneration for the Work. 2.5. By signing the Contract, the Contractor declares that they have the respective specialised knowledge and experience as well as the tools and equipment for the execution of the Work and will perform the obligations under the Contract with good and professional care. The Contractor declares that they meet the requirements laid down by law for the performance of the Work. 3. Obligations of Parties 3.1. The Contractor undertakes to carry out the Work in accordance with the legislation, the Contract and its annexes, the instructions and the requests given by the Contracting Authority. 3.2. The Contractor undertakes to carry out the Work personally or through third parties. If the Work is to be carried out through third parties, the Contractor undertakes to inform the Contracting Authority and agree in writing with the latter on the use of third parties before the Contract is signed by the Parties. If third parties are used to carry out the Work, the Contractor retains all liability to the Contracting Authority for performance of the Contract. 3.3. The Contractor undertakes to inform the Contracting Authority immediately of any impediments that prevent the performance of the Contract as well as if the instructions and requests given by the Contracting Authority do not allow the Work to be carried out properly. 3.4. Any costs and expenses incurred during the performance of the Contract shall be covered by the Contractor. 3.5. The Contracting Authority undertakes to pay the remuneration for the Work under the conditions set out in clause 4. 3.6. The Contracting Authority undertakes to provide access to the site for the equipment and personnel necessary for the performance of the Work, except in the cases described in clause 3.7. 3.7. Pursuant to the requirements set out in section 413 of the Estonian Defence Forces Organisation Act, the Contractor shall apply for an access permit to the security area of the Defence Forces at least 7 (seven) working days before the start of the Work and shall submit the details of the employees and their written consent to the background check. 4. Contract fee 4.1. For the agreed Work, the Contracting Authority undertakes to pay the Contractor ........ (amount in words) EUR Contract fee, plus VAT in accordance with the procedure laid down by law. 4.2. The Contract fee will only be changed if additional Work is needed. The Contractor shall provide the Contracting Authority with an estimate of the fee to be paid for the amendment of the Contract. If the Contracting Authority agrees to the proposed price, a written amendment to the Contract is drawn up. 4.3. The Contractor submits an e-invoice, which must contain the following: 4.3.1. payer: The Estonian Centre for Defence Investments, Järve 34a, 11314 Tallinn; 4.3.2. registry code 70009764; 4.3.3. Contracting Authority: The Estonian Centre for Defence Investments 4.3.4. name of the contact person of the Contracting Authority; 4.3.5. Contract number; 4.3.6. reference number of the part of the Contract......; 4.3.7. explanation on invoice .......... ; 4.3.8. the quantity and name of the service, the number of the instrument of delivery and receipt on which the invoice is based, the price and other necessary information. 4.3.9. The exemption from VAT provided for in clause 4.7 of the Contract shall apply to this order. 4.4. After completion of the Work, the Contracting Authority shall pay on the basis of the 2/7  invoice submitted according to the instrument of delivery and receipt confirmed by the Contracting Authority. The invoice is presented as an e-invoice (xml format). If the seller is registered outside the Republic of Estonia and cannot submit e-invoices for technical reasons, it will submit an invoice in PDF format to the email address specified in the Contract, unless otherwise agreed in the Contract. The Contractor must submit an invoice in accordance with the terms and conditions set out in clause 4 of the Contract, after the signing of the instrument of delivery and receipt between the Parties. The Contracting Authority will not accept an invoice that does not comply with the terms and conditions. In this case, the Contractor will issue a new invoice within 7 (seven) days. 4.5. The Contracting Authority shall pay to the Contractor the Contract fee by bank transfer to the Contractor's bank account within 28 (twenty-eight) days of the date of completion of the Work and signature of the instrument of delivery and receipt on the basis of an invoice issued by the Contractor. 4.6. In the event of non-compliance with the due date for payment, the Contractor shall be entitled to charge the Contracting Authority a penalty of 0.25% (zero point twenty-five percent) of the amount overdue for each calendar day of delay. 4.7. The Contractor undertakes to issue, if necessary, a separate invoice (in English, unless otherwise agreed) for the costs incurred for NATO forces. 4.7.1. Goods ordered for NATO armed forces are subject to 0% VAT in accordance with clause 15 of the Value Added Tax Act. 4.7.2. The basis for the application of the tax incentive is the VAT exemption certificate provided by the seller to the buyer. 5. Term of Contract 5.1. 4 (four) Shelters must be installed within 5 (five) months of the entry into force of the Contract and 4 (four) Shelters must be installed within 8 (eight) months of the entry into force of the Contract. The Contract is valid until the contractual obligations are fulfilled. The Contractor undertakes to deliver the Work to the Contracting Authority in accordance with clause 6 of the Contract. 5.2. If, in the course of the performance of the Contract, it becomes apparent that the deadlines for the execution of the Work cannot be met for reasons beyond the Contractor's control, the Contractor is obliged to inform the Contracting Authority immediately in writing and a new deadline will be agreed, taking into account the reasons for the delay. 6. Delivery and receipt of the object of the Contract, risk and transfer of ownership 6.1. The delivery and receipt of the Work shall be based on a deed, whereby the representative of the Contracting Authority shall undertake to check in advance that the Work complies with the terms and conditions of the Contract. 6.2. If the Work is in accordance with the terms and conditions of the Contract, the representatives of the Parties shall sign an instrument of delivery and receipt, 1 (one) copy of which shall be kept by each Party. In the event that the representative of the Contracting Authority refuses to accept the completed Work, the Contractor undertakes to give the Contracting Authority an additional reasonable period of time to accept the Work. If the representative of the Contracting Authority does not accept the Work within the additional time limit, the Work shall be deemed to have been accepted by the Contracting Authority. 6.3. If defects are found upon delivery and receipt of the Work (poor quality, other non- compliance with the terms and conditions of the Contract), the representative of the Contracting Authority shall record the defects in a report, indicating a reasonable time for rectification. The delivery and receipt of the Work carried out by the Contractor shall not 3/7  take place until the defects in the Work have been remedied by the Contractor within the time limit duly prescribed. 6.4. The remedying of defects in the Work shall be eliminated at the expense and with the means of the Contractor. 6.5. The Work shall be deemed to have been finally accepted when the Contractor has duly remedied the defects found in the Work and the Work has been handed over by signing an instrument of delivery and receipt, one copy of which shall be kept by each Party. 6.6. The risk of accidental destruction or damage to the Work shall pass to the Contracting Authority from the date of signing the instrument of delivery and receipt of the Work. 6.7. In the event that the Contracting Authority finds defects in the Work after delivery of the work to the Contracting Authority and acceptance of the Work by the latter, the Contracting Authority undertakes to notify the Contractor in writing of the defects found in the work within 10 (ten) working days of becoming aware of the non-conformity of the Work with the terms and conditions of the Contract. The Contractor undertakes to remedy any defects found in the object of the Contract within 10 (ten) days. 7. Liability 7.1. In the event of improper performance or failure to perform the contractual obligations, the Parties are liable towards one another in accordance with the Contract and the law. In the event of failure to meet the deadline for performance of the Work, the Contracting Authority shall be entitled to claim a contractual penalty from the Contractor of up to 0.25% (zero point twenty-five percent) of the value of the Work for each calendar day of delay in delivery. The Contracting Authority shall be entitled to claim a contractual penalty from the Contractor for other breaches of the terms and conditions of the Contract up to 5% (five per cent) of the value of the Work in each case of breach (except for delay in delivery of the Work). 7.2. The Contracting Authority shall have the right to set off against the remuneration payable to the Contractor any contractual penalties and damages caused by the Contracting Authority. 7.3. The Customer has the right to demand the payment of a contractual penalty from the Contractor if they notify the Contractor in writing of the demand for a contractual penalty immediately after discovering a breach of the contractual obligations. 8. Expiry and termination of the Contract 8.1. The Contract shall expire upon due performance of the Parties' contractual obligations or by agreement between the Parties or on the grounds provided for in the Contract and/or the legislation. 8.2. The Contracting Authority may withdraw from the Contract at any time. With regard to withdrawal from the Contract, the Contracting Authority shall immediately send the Contractor a written notice of withdrawal. Withdrawal from the Contract shall be deemed completed when the Contractor has received the notice of withdrawal. 8.3. In the event of withdrawal from the Contract by the Contracting Authority, the Contractor is entitled to be paid for the Work carried out so far. The Contracting Authority has no obligation to pay the fee if the withdrawal from the Contract was caused by the Contractor's failure to fulfil its Contractual obligations. In such a case, the Contractor must also reimburse the Contracting Authority for the additional costs incurred by the Contracting Authority in connection with the non-performance of the contractual work and in any other way in order to achieve the result prescribed by the Contract. 8.4. If the Contracting Authority has terminated the contract, the Parties shall draw up a report on the Work carried out in accordance with clause 6. 4/7  8.5. The Contracting Authority has the right to withdraw from the contract and claim compensation for material harm caused if the Contractor is late in performing the Contract. The Contractor shall be deemed in default of performance of the Contract if the Contractor has not commenced performance of the Work within 10 (ten) days from the date of the conclusion of the Contract. 8.6. If the Contractor fails to remedy defects in the Work within the prescribed time limit, or remedies them in such a way that the Work still does not comply with the terms and conditions of the Contract, the Contracting Authority has the right to withdraw from the Contract and claim damages. 8.7. If the Contracting Authority withdraws from the Contract due to the fundamental breach of the Contract by the Contractor, the Contracting Authority is not required to pay the Contractor the fee agreed. 9. Force Majeure 9.1. The breach of obligations arising from the Contract is excusable if a Party to the Contract has breached the obligation due to Force Majeure. The Parties shall deem Force Majeure to include circumstances that the default Party could not affect and, proceeding from the principle of reasonableness, it could not be expected from the Party that, upon the conclusion of the Contract, it would accord consideration to or prevent the circumstance or surpass the impediment or the consequence thereof. 9.2. If any circumstance of Force Majeure caused the non-performance of the Agreement within the period prescribed in the Contract or its annexes and its effect is temporary, the conduct of the Party in breach of a contractual obligation is excusable only at the time when the Force Majeure prevented performance of the obligation. 9.3. The term for performance of a contractual obligation shall be postponed due to the occurrence of Force Majeure according to the time the circumstance was in effect. The Contracting Authority may, without any sanction on the part of the Contractor, withdraw from an order for the execution of the Work that was due to take place at the time of the Force Majeure. 9.4. A Party that is unable to perform its obligations due to Force Majeure shall immediately, i.e. within 3 (three) calendar days at the latest, notify the other Party of the emergence and cessation of such a situation. Failure to provide notice or untimely notice deprives the Party of the right to refer to the excusability of the breach, i.e. the occurrence of Force Majeure, and the Party having breached the obligation of giving notice will be liable for a breach of their contractual obligation. 9.5. If the effect of the Force Majeure is permanent and does not allow the Parties to fulfil their obligations in full or in part, the respective Party has the right to withdraw from the Contract by submitting to the other Party a notice of withdrawal. 10. Notices between Parties 10.1. Any notices between the Parties pertaining to the Contract shall be in writing, except for informational notices, the communication of which to the other Party has no legal consequences. 10.2. A notice is deemed received if: 10.2.1. the notice has been sent to the other Party in electronic form and one working day has passed since it was sent; 10.2.2. the notice has been sent by a postal office by registered letter to the address specified by the other Party and 6 (six) calendar days have passed as of the posting thereof. 5/7  10.3. Informational notices may be given over the telephone and by e-mail. 11. Other terms and conditions 11.1. Any amendments, modifications and corrections made to the Contract shall only be effective if these have been prepared in writing as Annexes to the Contract and after the authorised representatives of the Parties have signed them. In the event that written format is not used, the amendments and additions to the Contract are null and void. The Annexes to the Contract shall have the same legal force as the Contract. 11.2. Neither Party may transfer the rights and obligations arising from this Agreement to third parties without the written consent of the other Party. 11.3. In matters not regulated by the Contract, the Parties will follow the legislation in force in the Republic of Estonia, in particular the Law of Obligations Act and the Building Code, shall apply. 11.4. The warranty period granted by the Contractor for the Work shall be at least 3 (three) years. The warranty period begins on the day of signing an instrument of final delivery and receipt of Work. 11.5. The materials, equipment and inventory transferred in the course of the Work shall be subject to the warranty period granted by the factory or the manufacturer and shall commence on the date of signing of the instrument for final delivery and receipt of the Work and shall not be shorter than 2 (two) years. 11.6. The Contracting Authority or a person authorised by it shall ensure that a list of persons who have been granted access to the construction site is kept and made available on the construction site, subject to the Personal Data Protection Act. The list shall be drawn up with sufficient precision to permit identity and identification of the employer (name and registration number of the employer, name and personal identification number or date of birth of the person) and shall give a realistic picture of the particular Contractor, including the subcontractor, and the duration of the working time of each of their employees in carrying out the Work covered by the Contract. The Contractor is responsible for the accuracy of the information provided. 11.7. The Contractor and the Contracting Authority shall keep confidential all information obtained in the course of the performance of the Contract and shall be prohibited from disclosing or communicating it to third parties without the written consent of the other Party, except in cases provided for by law. 11.8. Among other things, the Parties undertake to keep confidential any personal data of which they become aware in the course of the performance of the Contract and to process personal data in accordance with the law. The confidentiality requirement remains in force during the performance of the Contract and indefinitely after the expiry of the Contract. 11.9. Upon signature of the Contract, all prior oral and written agreements between the Parties regarding the object of this Contract shall automatically terminate. 11.10. Any disputes arising from this Contract shall be settled by way of negotiations between the Parties. If the Parties fail to reach an agreement, the dispute shall be solved according to applicable laws. 11.11. The Contract has been made in English. The Contract will be digitally signed and delivered to both Parties or a scanned version of the Contract with physical signatures will be sent by e-mail. 12. Contact persons 12.1. Contact person of the Contracting Authority for the execution of the Contract: ....., phone +372 ......, e-mail ......... 12.2. Contact person of the Contractor: ....... , phone ......, e-mail ........ 6/7  12.3. A Party will notify the other Party of any change in the contact person or their details by a unilateral declaration without delay, at the latest within 5 (five) calendar days of the change. Such a notice will not be considered an amendment to the Agreement. 13. Annexes 13.1. Annex 1. Technical Specifications 13.2. Annex 2. Security Requirements 13.3. Annex 3. The Tender 13.4. Annex 4. Aircraft shelters cost submission 13.5. Annex 5. Request to review the technical documentation in the “Aircraft shelters” procurement and Confidentiality requirements; 14. Details of Parties Contracting Authority: Contractor: The Estonian Centre for Defence Investments ………….. Registry code 70009764 Registry code ………….. Järve 34a ………….. 11314 Tallinn ………….. phone 717 0400 phone ……………… e-mail [email protected] e-mail ……………. (digitally signed) (digitally signed) Magnus-Valdemar Saar ………………. Director General Member of Management Board 7/7 Annex 2 CONTRACT Tallinn ……………. No 3-6/24/…………… The Estonian Centre for Defence Investments, registry code 70009764, address Järve 34a, 11314 Tallinn, Estonia, represented on the basis of the statute by Director General Magnus-Valdemar Saar (hereinafter referred to as the Contracting Authority), on the one hand, and ....., with the registry code ....., represented by based on statutes/power of attorney ..... (hereinafter referred to as the Contractor), on the other hand (separately hereinafter also referred to as Party and collectively Parties), have entered into the following Contract (hereinafter referred to as Contract) in good faith: 1. GENERAL PROVISIONS 1.1. The Contract is concluded on the basis of the procurement „Aircraft shelters” (reference number 284763) and the Tender of the Seller. 1.2. The documentation of this Contract includes this contract, annexes to the contract, and amendments and modifications to the Contract, which may be agreed after signing this Contract. 1.3. This Contract takes effect from the moment of its signing by the Parties. 1.4. The Contractor is obliged to return the Contract signed by them to the Contracting Authority within 3 (three) working days from the date of receipt of the Contract sent by the Contracting Authority to the Contractor for signature. If the Contractor fails to return the Contract signed by them within this time limit, the Contracting Authority may consider the tender to be withdrawn for reasons beyond its control and claim damages from the Contractor. 2. Objects of Contract, representations and warranties 2.1. The Contractor undertakes to carry out for the Contracting Authority the work together with the services specified in clause 1 of the Technical Specification (Annex 1) (hereinafter collectively referred to as Work). The work must comply with the technical specifications provided. 2.2. With respect to the terms and conditions not specified in this Contract, the Work must comply with the requirements usually applied to similar activities and/or enable the Customer to achieve the objective assumed in the Contract and be of the best quality, taking into account the respective circumstances. 2.3. The Work does not conform to the terms and conditions of the Contract if the third parties have any claims or other rights with regard to the Work, which they can exercise or file against the Contracting Authority. 2.4. The Contracting Authority undertakes to pay the Contractor the agreed remuneration for the Work. 2.5. By signing the Contract, the Contractor declares that they have the respective specialised knowledge and experience as well as the tools and equipment for the execution of the Work and will perform the obligations under the Contract with good and professional care. The Contractor declares that they meet the requirements laid down by law for the performance of the Work. 3. Obligations of Parties 3.1. The Contractor undertakes to carry out the Work in accordance with the legislation, the Contract and its annexes, the instructions and the requests given by the Contracting Authority. 3.2. The Contractor undertakes to carry out the Work personally or through third parties. If the Work is to be carried out through third parties, the Contractor undertakes to inform the Contracting Authority and agree in writing with the latter on the use of third parties before the Contract is signed by the Parties. If third parties are used to carry out the Work, the Contractor retains all liability to the Contracting Authority for performance of the Contract. 3.3. The Contractor undertakes to inform the Contracting Authority immediately of any impediments that prevent the performance of the Contract as well as if the instructions and requests given by the Contracting Authority do not allow the Work to be carried out properly. 3.4. Any costs and expenses incurred during the performance of the Contract shall be covered by the Contractor. 3.5. The Contracting Authority undertakes to pay the remuneration for the Work under the conditions set out in clause 4. 3.6. The Contracting Authority undertakes to provide access to the site for the equipment and personnel necessary for the performance of the Work, except in the cases described in clause 3.7. 3.7. Pursuant to the requirements set out in section 413 of the Estonian Defence Forces Organisation Act, the Contractor shall apply for an access permit to the security area of the Defence Forces at least 7 (seven) working days before the start of the Work and shall submit the details of the employees and their written consent to the background check. 4. Contract fee 4.1. For the agreed Work, the Contracting Authority undertakes to pay the Contractor ........ (amount in words) EUR Contract fee, plus VAT in accordance with the procedure laid down by law. 4.2. The Contract fee will only be changed if additional Work is needed. The Contractor shall provide the Contracting Authority with an estimate of the fee to be paid for the amendment of the Contract. If the Contracting Authority agrees to the proposed price, a written amendment to the Contract is drawn up. 4.3. The Contractor submits an e-invoice, which must contain the following: 4.3.1. payer: The Estonian Centre for Defence Investments, Järve 34a, 11314 Tallinn; 4.3.2. registry code 70009764; 4.3.3. Contracting Authority: The Estonian Centre for Defence Investments 4.3.4. name of the contact person of the Contracting Authority; 4.3.5. Contract number; 4.3.6. reference number of the part of the Contract......; 4.3.7. explanation on invoice .......... ; 4.3.8. the quantity and name of the service, the number of the instrument of delivery and receipt on which the invoice is based, the price and other necessary information. 4.3.9. The exemption from VAT provided for in clause 4.7 of the Contract shall apply to this order. 4.4. After completion of the Work, the Contracting Authority shall pay on the basis of the 2/7  invoice submitted according to the instrument of delivery and receipt confirmed by the Contracting Authority. The invoice is presented as an e-invoice (xml format). If the seller is registered outside the Republic of Estonia and cannot submit e-invoices for technical reasons, it will submit an invoice in PDF format to the email address specified in the Contract, unless otherwise agreed in the Contract. The Contractor must submit an invoice in accordance with the terms and conditions set out in clause 4 of the Contract, after the signing of the instrument of delivery and receipt between the Parties. The Contracting Authority will not accept an invoice that does not comply with the terms and conditions. In this case, the Contractor will issue a new invoice within 7 (seven) days. 4.5. The Contracting Authority shall pay to the Contractor the Contract fee by bank transfer to the Contractor's bank account within 28 (twenty-eight) days of the date of completion of the Work and signature of the instrument of delivery and receipt on the basis of an invoice issued by the Contractor. 4.6. In the event of non-compliance with the due date for payment, the Contractor shall be entitled to charge the Contracting Authority a penalty of 0.25% (zero point twenty-five percent) of the amount overdue for each calendar day of delay. 4.7. The Contractor undertakes to issue, if necessary, a separate invoice (in English, unless otherwise agreed) for the costs incurred for NATO forces. 4.7.1. Goods ordered for NATO armed forces are subject to 0% VAT in accordance with clause 15 of the Value Added Tax Act. 4.7.2. The basis for the application of the tax incentive is the VAT exemption certificate provided by the seller to the buyer. 5. Term of Contract 5.1. 4 (four) Shelters must be installed within 5 (five) months of the entry into force of the Contract and 4 (four) Shelters must be installed within 8 (eight) months of the entry into force of the Contract. The Contract is valid until the contractual obligations are fulfilled. The Contractor undertakes to deliver the Work to the Contracting Authority in accordance with clause 6 of the Contract. 5.2. If, in the course of the performance of the Contract, it becomes apparent that the deadlines for the execution of the Work cannot be met for reasons beyond the Contractor's control, the Contractor is obliged to inform the Contracting Authority immediately in writing and a new deadline will be agreed, taking into account the reasons for the delay. 6. Delivery and receipt of the object of the Contract, risk and transfer of ownership 6.1. The delivery and receipt of the Work shall be based on a deed, whereby the representative of the Contracting Authority shall undertake to check in advance that the Work complies with the terms and conditions of the Contract. 6.2. If the Work is in accordance with the terms and conditions of the Contract, the representatives of the Parties shall sign an instrument of delivery and receipt, 1 (one) copy of which shall be kept by each Party. In the event that the representative of the Contracting Authority refuses to accept the completed Work, the Contractor undertakes to give the Contracting Authority an additional reasonable period of time to accept the Work. If the representative of the Contracting Authority does not accept the Work within the additional time limit, the Work shall be deemed to have been accepted by the Contracting Authority. 6.3. If defects are found upon delivery and receipt of the Work (poor quality, other non- compliance with the terms and conditions of the Contract), the representative of the Contracting Authority shall record the defects in a report, indicating a reasonable time for rectification. The delivery and receipt of the Work carried out by the Contractor shall not 3/7  take place until the defects in the Work have been remedied by the Contractor within the time limit duly prescribed. 6.4. The remedying of defects in the Work shall be eliminated at the expense and with the means of the Contractor. 6.5. The Work shall be deemed to have been finally accepted when the Contractor has duly remedied the defects found in the Work and the Work has been handed over by signing an instrument of delivery and receipt, one copy of which shall be kept by each Party. 6.6. The risk of accidental destruction or damage to the Work shall pass to the Contracting Authority from the date of signing the instrument of delivery and receipt of the Work. 6.7. In the event that the Contracting Authority finds defects in the Work after delivery of the work to the Contracting Authority and acceptance of the Work by the latter, the Contracting Authority undertakes to notify the Contractor in writing of the defects found in the work within 10 (ten) working days of becoming aware of the non-conformity of the Work with the terms and conditions of the Contract. The Contractor undertakes to remedy any defects found in the object of the Contract within 10 (ten) days. 7. Liability 7.1. In the event of improper performance or failure to perform the contractual obligations, the Parties are liable towards one another in accordance with the Contract and the law. In the event of failure to meet the deadline for performance of the Work, the Contracting Authority shall be entitled to claim a contractual penalty from the Contractor of up to 0.25% (zero point twenty-five percent) of the value of the Work for each calendar day of delay in delivery. The Contracting Authority shall be entitled to claim a contractual penalty from the Contractor for other breaches of the terms and conditions of the Contract up to 5% (five per cent) of the value of the Work in each case of breach (except for delay in delivery of the Work). 7.2. The Contracting Authority shall have the right to set off against the remuneration payable to the Contractor any contractual penalties and damages caused by the Contracting Authority. 7.3. The Customer has the right to demand the payment of a contractual penalty from the Contractor if they notify the Contractor in writing of the demand for a contractual penalty immediately after discovering a breach of the contractual obligations. 8. Expiry and termination of the Contract 8.1. The Contract shall expire upon due performance of the Parties' contractual obligations or by agreement between the Parties or on the grounds provided for in the Contract and/or the legislation. 8.2. The Contracting Authority may withdraw from the Contract at any time. With regard to withdrawal from the Contract, the Contracting Authority shall immediately send the Contractor a written notice of withdrawal. Withdrawal from the Contract shall be deemed completed when the Contractor has received the notice of withdrawal. 8.3. In the event of withdrawal from the Contract by the Contracting Authority, the Contractor is entitled to be paid for the Work carried out so far. The Contracting Authority has no obligation to pay the fee if the withdrawal from the Contract was caused by the Contractor's failure to fulfil its Contractual obligations. In such a case, the Contractor must also reimburse the Contracting Authority for the additional costs incurred by the Contracting Authority in connection with the non-performance of the contractual work and in any other way in order to achieve the result prescribed by the Contract. 8.4. If the Contracting Authority has terminated the contract, the Parties shall draw up a report on the Work carried out in accordance with clause 6. 4/7  8.5. The Contracting Authority has the right to withdraw from the contract and claim compensation for material harm caused if the Contractor is late in performing the Contract. The Contractor shall be deemed in default of performance of the Contract if the Contractor has not commenced performance of the Work within 10 (ten) days from the date of the conclusion of the Contract. 8.6. If the Contractor fails to remedy defects in the Work within the prescribed time limit, or remedies them in such a way that the Work still does not comply with the terms and conditions of the Contract, the Contracting Authority has the right to withdraw from the Contract and claim damages. 8.7. If the Contracting Authority withdraws from the Contract due to the fundamental breach of the Contract by the Contractor, the Contracting Authority is not required to pay the Contractor the fee agreed. 9. Force Majeure 9.1. The breach of obligations arising from the Contract is excusable if a Party to the Contract has breached the obligation due to Force Majeure. The Parties shall deem Force Majeure to include circumstances that the default Party could not affect and, proceeding from the principle of reasonableness, it could not be expected from the Party that, upon the conclusion of the Contract, it would accord consideration to or prevent the circumstance or surpass the impediment or the consequence thereof. 9.2. If any circumstance of Force Majeure caused the non-performance of the Agreement within the period prescribed in the Contract or its annexes and its effect is temporary, the conduct of the Party in breach of a contractual obligation is excusable only at the time when the Force Majeure prevented performance of the obligation. 9.3. The term for performance of a contractual obligation shall be postponed due to the occurrence of Force Majeure according to the time the circumstance was in effect. The Contracting Authority may, without any sanction on the part of the Contractor, withdraw from an order for the execution of the Work that was due to take place at the time of the Force Majeure. 9.4. A Party that is unable to perform its obligations due to Force Majeure shall immediately, i.e. within 3 (three) calendar days at the latest, notify the other Party of the emergence and cessation of such a situation. Failure to provide notice or untimely notice deprives the Party of the right to refer to the excusability of the breach, i.e. the occurrence of Force Majeure, and the Party having breached the obligation of giving notice will be liable for a breach of their contractual obligation. 9.5. If the effect of the Force Majeure is permanent and does not allow the Parties to fulfil their obligations in full or in part, the respective Party has the right to withdraw from the Contract by submitting to the other Party a notice of withdrawal. 10. Notices between Parties 10.1. Any notices between the Parties pertaining to the Contract shall be in writing, except for informational notices, the communication of which to the other Party has no legal consequences. 10.2. A notice is deemed received if: 10.2.1. the notice has been sent to the other Party in electronic form and one working day has passed since it was sent; 10.2.2. the notice has been sent by a postal office by registered letter to the address specified by the other Party and 6 (six) calendar days have passed as of the posting thereof. 5/7  10.3. Informational notices may be given over the telephone and by e-mail. 11. Other terms and conditions 11.1. Any amendments, modifications and corrections made to the Contract shall only be effective if these have been prepared in writing as Annexes to the Contract and after the authorised representatives of the Parties have signed them. In the event that written format is not used, the amendments and additions to the Contract are null and void. The Annexes to the Contract shall have the same legal force as the Contract. 11.2. Neither Party may transfer the rights and obligations arising from this Agreement to third parties without the written consent of the other Party. 11.3. In matters not regulated by the Contract, the Parties will follow the legislation in force in the Republic of Estonia, in particular the Law of Obligations Act and the Building Code, shall apply. 11.4. The warranty period granted by the Contractor for the Work shall be at least 3 (three) years. The warranty period begins on the day of signing an instrument of final delivery and receipt of Work. 11.5. The materials, equipment and inventory transferred in the course of the Work shall be subject to the warranty period granted by the factory or the manufacturer and shall commence on the date of signing of the instrument for final delivery and receipt of the Work and shall not be shorter than 2 (two) years. 11.6. The Contracting Authority or a person authorised by it shall ensure that a list of persons who have been granted access to the construction site is kept and made available on the construction site, subject to the Personal Data Protection Act. The list shall be drawn up with sufficient precision to permit identity and identification of the employer (name and registration number of the employer, name and personal identification number or date of birth of the person) and shall give a realistic picture of the particular Contractor, including the subcontractor, and the duration of the working time of each of their employees in carrying out the Work covered by the Contract. The Contractor is responsible for the accuracy of the information provided. 11.7. The Contractor and the Contracting Authority shall keep confidential all information obtained in the course of the performance of the Contract and shall be prohibited from disclosing or communicating it to third parties without the written consent of the other Party, except in cases provided for by law. 11.8. Among other things, the Parties undertake to keep confidential any personal data of which they become aware in the course of the performance of the Contract and to process personal data in accordance with the law. The confidentiality requirement remains in force during the performance of the Contract and indefinitely after the expiry of the Contract. 11.9. Upon signature of the Contract, all prior oral and written agreements between the Parties regarding the object of this Contract shall automatically terminate. 11.10. Any disputes arising from this Contract shall be settled by way of negotiations between the Parties. If the Parties fail to reach an agreement, the dispute shall be solved according to applicable laws. 11.11. The Contract has been made in English. The Contract will be digitally signed and delivered to both Parties or a scanned version of the Contract with physical signatures will be sent by e-mail. 12. Contact persons 12.1. Contact person of the Contracting Authority for the execution of the Contract: ....., phone +372 ......, e-mail ......... 12.2. Contact person of the Contractor: ....... , phone ......, e-mail ........ 6/7  12.3. A Party will notify the other Party of any change in the contact person or their details by a unilateral declaration without delay, at the latest within 5 (five) calendar days of the change. Such a notice will not be considered an amendment to the Agreement. 13. Annexes 13.1. Annex 1. Technical Specifications 13.2. Annex 2. Security Requirements 13.3. Annex 3. The Tender 13.4. Annex 4. Aircraft shelters cost submission 13.5. Annex 5. Request to review the technical documentation in the “Aircraft shelters” procurement and Confidentiality requirements; 14. Details of Parties Contracting Authority: Contractor: The Estonian Centre for Defence Investments ………….. Registry code 70009764 Registry code ………….. Järve 34a ………….. 11314 Tallinn ………….. phone 717 0400 phone ……………… e-mail [email protected] e-mail ……………. (digitally signed) (digitally signed) Magnus-Valdemar Saar ………………. Director General Member of Management Board 7/7 Annex 5 Security Requirements As the object of the public procurement is located in the restricted military area of the Estonian Defence Forces, the contract partner is informed of the following terms and conditions: 1. Purpose of informing about security requirements 1.1. The purpose of informing is to explain to the contract partner the relationships and rights and obligations of the Parties upon compliance with security requirements in the restricted military area of the Defence Forces. 2. Definitions 2.1. The definitions used upon informing have the following meaning: 2.1.1. Person to be checked – an employee of the Contractor and subcontractor who is subject to a background check with their prior written consent in connection with an application for access to the security restricted area of the Defence Forces. 2.1.2. Background check – an inspection of the circumstances provided in § 41³ of the Estonian Defence Forces Organisation Act (EDFOA) conducted by the Defence Forces for the purpose of ensuring the security of the Defence Forces in order to decide on permitting the access of the person to be checked to the restricted military area of the Defence Forces. 2.1.3. Structural unit of the Defence Forces – within the meaning of §§ 12 and 13 of the EDFOA. 2.1.4. Restricted military area of the Defence Forces – within the meaning of § 50 of the EDFOA. 2.1.5. Object of public procurement – the work area meant for performing the contract that is located on the restricted military area of the Defence Forces. 2.1.6. Security requirements – the general security requirements specified in this document, including requirements related to the conduct of a background check and requirements arising from other legislation and established for ensuring the security of the Defence Forces. 2.1.7. Application for entry – a document that the Contractor’s person responsible for carrying out the check is required to submit in order to initiate a background check on the person to be checked and to obtain the right of access to the facility. The application for entry may be submitted on the basis of the sample provided or in a free format e-mail to the e-mail address teenusepakkujad[at]mil.ee. The filled-in consent forms for the background check shall be appended to the application. 2.1.8. Consent form – the document form constituting part of an application for entry that the person to be checked must complete. 2.1.9. Right of entry – the right to stay on the object in connection with performing the contract. One of the prerequisites for obtaining the right of entry is the successful passing of the background check. 2.1.10. Person with right of access – a background-checked member of the staff of the Contractor and a member of the subcontractor's staff authorised to enter and remain unaccompanied on the site in connection with the performance of the Contract. A person holding the right of entry shall be permitted to the object on the conditions established by the specific structural unit of the Defence Forces. 2.1.11. Person with special access rights – a person having rights of access who, only in exceptional cases and with the prior agreement of the person in charge of the Defence 1/4  Forces, is authorised to enter and remain on the site with an escort from the Contractor in connection with the performance of the Contract. 2.1.12. Responsible person of the Defence Forces (hereinafter responsible person of the DF) – a person who has been appointed by the Defence Forces and is responsible for compliance with the security requirements of the object located in the specific restricted military area of the Defence Forces. 2.1.13. Responsible person of the Centre for Defence Investment (hereinafter the responsible person of the CDI) – a contractual contact person by means of whom the organisation of the performance of contractual obligations and the communication of the notices, claims and other documents provided in the Agreement takes place. 2.1.14. Responsible person of the Contractor – the responsible person appointed by the Contractor to be responsible for compliance with security requirements. 2.1.15. Person responsible for the object – the person appointed by the Contractor as responsible for the fulfilment of security requirements at an object located in the security area of the Defence Forces. The 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. The Contractor has the right to: 3.1.1. obtain information necessary for compliance with the security requirements from the responsible person of the DF; 3.1.2. obtain, based on the results of the background check, information about obtaining the right of entry from the responsible person of the DF. 3.2. The Contractor must: 3.2.1. ensure the provision of the service agreed in the contract only by a person holding the right of entry; 3.2.2. comply with and ensure that a person holding the right of entry, including a person holding the right of entry under a special condition, follows the security requirements under the terms and conditions established in the restricted military area of the Defence Forces and also ensure the compliance therewith by subcontractors; 3.2.3. not plan for a person to provide the service: - who has not been granted the right of entry; - in respect of whom no background check has been conducted; - whose right of entry under a special condition has not been approved; 3.2.4. present the following documents for gaining the right of entry and commencing the background check for a natural person providing services on the object at the first opportunity but no later than seven (7) working days before the commencement of the work agreed on in the Contract at the e-mail address [email protected]: - the application for entry (see sample provided), and - the filled-in consent of the person to be checked that has been signed in hand (scanned) or signed digitally; 3.2.5. submit the original documents of the consents set out in the clause above to the postal address Kaitsevägi, Magasini 31A, 10138 Tallinn; 3.2.6. specify the following in the free-form application for entry to be submitted: -the first name, surname and personal identification code of the natural person who shall provide the service and the name of the Contractor and/or subcontractor; -the reason for obtaining the right of entry, i.e. the description of the service or work that the person shall provide or perform on the specific object; -reference to the awarded contract and the term of the contract; 2/4  -details of the vehicle (make/model and registration number) with which the person wants to enter the restricted military area of the DF; -contact details of the representative of the Contractor (e-mail address, telephone number); -append to the application the consent signed by the person to be checked. 3.2.7. further append to an application for gaining the right of entry and commencing the background check, in the case of an alien, the following: -a copy of the page of the identity document that includes the picture, including a visa or another document verifying the legal basis of stay in Estonia; 3.2.8. confirm and certify the granting, possession and extension of the legal basis for the alien’s employment in Estonia (§§ 19 and 20 of the Aliens Act); 3.2.9. submit, upon failure to obtain the right of entry as a result of a background check of the person being checked and if necessary for the purposes of a background check, a new application for entry with the person’s consent; 3.2.10. maintain an appropriate list of the persons holding the right of entry and update, at the end of each calendar year, the list of the employees who continue to provide the service the next calendar year, sending an appropriate list to the e-mail address teenusepakkujad[at]mil.ee; 3.2.11. immediately indicate the end of the need for entry in the case of a person holding the right of entry by sending an e-mail to the address teenusepakkujad[at]mil.ee; 3.2.12. immediately inform the responsible person of the DF of all breaches or suspected breaches of the security requirements on the object. 4. Rights and obligations of the Defence Forces 4.1. The Defence Forces have the right to: 4.1.1. conduct a background check in respect of the person to be checked as a rule within up to seven (7) working days of receiving a proper application for entry and consent; 4.1.2. conduct a new background check in the case provided in clause 3.2.9, taking into account the terms provided in clause 4.1.1; 4.1.3. extend, in other justified cases, the term for the conduct of a background check by up to seven (7) working days, informing the contractor’s responsible person thereof in a format that can be reproduced in writing; 4.1.4. establish security requirements where the responsible person of the contractor shall be informed of significant restrictions at the first opportunity; 4.1.5. grant or restrict, based on the circumstances detected in the course of the background check, the right of entry to the person being checked or grant the Inspected Person the rights of a person holding the right of entry under a special condition; 4.1.6. refuse, for security considerations, to grant the right of entry, including to a person in respect of whom no background check has been or can be conducted and refuse to approve the right of entry of a person holding the right of entry under a special condition; 4.1.7. restrict the access of stateless persons or persons having foreign citizenship to security areas, according to the right to access state secrets, the need to know and other requirements provided by the State Secrets and Classified Information of Foreign States Act; 4.1.8. prohibit the Inspected Person, upon failure to submit or properly submit consent, from entering the object; 4.1.9. check the compliance with the security requirements established on the object in respect of the person holding the right of entry and/or the right of entry under a special condition; 3/4  4.1.10. prohibit the person provided in clauses 2.1.10 and 2.1.11 from staying in the restricted military area of the Defence Forces upon failure to follow the security requirements or upon breach of the same. 4.2. The Defence Forces shall: 4.2.1. inform the contractor’s responsible person in a format that can be reproduced in writing about granting the person to be checked the right of entry to the object, including about respective restrictions; 4.2.2. inform the contractor’s responsible person of detecting a breach of the security requirements by the person holding the right of entry or the right of entry under special conditions, which rules out any further opportunities of such a person to obtain the right of entry to the object; 4.2.3. introduce the security requirements established on the object or amendments thereto to the person holding the right of entry, including to the person holding the right of entry under a special condition. 4.3. The contact details of the responsible person of the Defence Forces (clause 2.1.12), the responsible person of the CDI (clause 2.1.13), the responsible person of the Contractor (clause 2.1.14) and the responsible person of the object (clause 2.1.15) shall be determined upon entry into the Contract. 5. Final provisions 5.1. A Party shall inform the other Party of any changes to the responsible persons in a format that can be reproduced in writing. 5.2. The requirements provided in applicable legislation shall be proceeded from upon processing personal data. 5.3. The Defence Forces shall have the right to extraordinarily suggest proposals to the CDI for terminating the Contract without taking into consideration the term for advance notice if the Contractor violates the obligations provided in clauses 3.2.1–3.2.4, does not comply with the confidentiality obligation provided in the Contract, or the employees of the Contractor or a subcontractor fail to comply with the requirements established on the restricted military area of the Defence Forces. 4/4  [INSERT COMPANY HEADER] APPLICATION FOR GAINING RIGHT OF ENTRY TO RESTRICTED MILITARY AREA OF DEFENCE FORCES FOR PROVIDING SERVICES APPLICATION FOR ENTRY [Registration number] [………..……] date By submitting this application, I hereby warrant and represent that [name of company] has entered into a contract with [name of Institution] and requires entry to a restricted military area of the Defence Forces in relation to contract No. [contract number]. The contract is valid from [start date of contract] until [end date of contract]. [Name of company] is performing [purpose of contract, nature of work] on the restricted military area of the Defence Forces and is applying for right of entry to the following objects: 1. Name of the object: [name of the object] Address: [address] Person responsible for the object: [first name and surname], [phone number], [e-mail address] Person in charge of the Defence Forces: [first name and surname] 2. etc. With regard to the need for access to the above mentioned sites of the Defence Forces, the Contractor requests that [name of company] initiate a background check for the right of access to the following person(s) as the employees of the Contractor [name of the company] [and name of subcontractor], based on the consent of the individuals (signed consent forms are attached to the request) and the right of access to the vehicles identified in the request. Main contractor [company name] employees: 1. [First name and surname, personal identification code] 2. etc. Employees of the [subcontractor name]: 1. [First name and surname, personal identification code] 2. etc. Vehicles: 1. Registry number Make/model 2. etc. The Contractor is aware that depending on the results of the background check, the Defence Forces have the right to limit the access of persons to the restricted military area of the Defence Forces and passing the background check does not guarantee automatic access to the restricted military area of the Defence Forces. [Signature] [First name and surname] [Position] Annexes: consents ... on pages. 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) AUTHORISATION FOR CONDUCTING A PERSONAL BACKGROUND INVESTIGATION ON A NATURAL PERSON FOR THE PURPOSES OF OBTAINING CLEARANCE TO ACCESS RESTRICTED MILITARY AREAS OF THE ESTONIAN DEFENCE FORCES IN ORDER TO PROVIDE SERVICES TO THE ESTONIAN DEFENCE FORCES (First Name and Last Name) Personal identification code: I hereby authorise the Estonian Defence Forces to process my personal data in the manner provided for in § 41⁵ of the Estonian Defence Forces Organisation Act (hereinafter: EDFOA) in order to obtain clearance to access restricted military areas for the duration of the validity of the service provision contract but no longer than five years as of receiving this authorisation. By giving this Authorisation I acknowledge the following: 1. I have the right to refuse to give my authorisation (clause 416 (2) 1) of EDFOA); 2. I have the right to refuse to provide any information that may result in offence proceedings being brought against me or people close to me or my domestic partner (clause 416 (2) 2) of EDFOA ); 3. I have the right to request the termination of any data collection or queries concerning me (clause § 416 (2) 3) of EDFOA ); 4. I have the right to provide explanations for the information collected about me (clause 416 (2) 4) of EDFOA); 5. if I should refuse to authorise a background investigation or request to terminate data collection or inquiries, it may constitute grounds for refusal to grant me clearance to access restricted military areas of the Estonian Defence Forces (subsection 41³ (4) of EDFOA); 6. I have the right to protect my rights by having recourse to the courts, the Chancellor of Justice or the Data Protection Inspectorate to challenge any decisions made on the basis of information collected in accordance with section 41⁶ of EDFOA in order to ascertain whether the Estonian Defence Forces have safeguarded my basic rights and liberties and followed good administrative practice (clause 416 (2) 5) of EDFOA); 7. the Estonian Defence Forces retain the right to restrict my rights with regard to the personal data being processed (subsections 41¹⁰ (3) and (4) of EDFOA). (day, month, year) [ signed digitally ]1 1 handwritten signature also allowed 1/1