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SPECIAL TERMS AND CONDITIONS OF CONTRACT FOR WORK no. 24.8-21S1127-1 The Ministry of Economic Affairs and Communications, registry code 70003158, registered offlce Suur-Arneerika 1, Tallinn 10122, Estonia, represented by Kristi Hunt, Chief Operations Officer of the Department ofDigital State Development, who is acting under subsection 6 (4) of the Ministry of Economic Affairs and Communications Procurement Procedure (hereinafter referred to as the Confracting Authority), and Apolitical Group Limited, registry code 09812036, registered office 20—22 Wenlock Road, NI 7GU London, United Kingdom, represented by Joseph Buckley, Vice President of Operations and Finance (hereinafter referred to as the Contractor), hereinafterjointly also referred to as the Parties and severally as the Parly, enter into this contract for the execution of work (hereinafter referred to as the Contract) under the following terms and conditions: 1. Contract documents and basis of Contract 1.1. The Contract consists ofthese special terms and conditions (hereinafier referred to as the Special Terms and Conditions) and the general terms and conditions (hereinafter referred to as the General Terms and Conditions) and any annexes thereto. The Special Terms and Conditions include additions and amendments to the General Terms and Conditions. 1 .2. The order of priority of the Contract documents is as follows: the Special Terms and Conditions (first priority), Annexes to the Contract (second priority), and the General Terms and Conditions (third priority). In the event of discrepancies between the Contract documents, the document with the highest priority ranking shall prevail. 2. Object and term ofContract 2.1. The object of the Contract is the design, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” (hereinafter referred to as the Trainin Progrannne) (hereinafter referred to as the Work), which the Contractor undertakes to carry out in accordance with the terms and conditions set out in the Contract and the annexes thereto. 2.2. The Contract is awarded as a resuit of the social service procurement’ “Design, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” organised by the Contracting Authority and in accordance with the procurement documents and the tender declared successful by the Contracting Authority. 2.3. The Contractor shall carry out the Work specified in clause 2.1 from the date of the conclusion of the Contract until 3 1 July 2027 or until the Contracting Authority accepts the last stage of the Work (whichever is the earlier) in four stages: 2.3.1. In the first stage, the Contractor wiII develop a detailed structure of the Training Programme based on the technical description and the subrnitted tender, which the Contracting Authority will approve before the start ofpreparing the theoretical base. The expected outcome of this stage is that a theoretical base has been delivered to the Social service procurement below the threshold for public procurement, section 11 ofthe Ministry ofEconomic Affairs and Communications Procurement Procedure, https://www.rnkni.ee/mrnisteerium-uudised-ja-kontaktlministeerium-ja ministrid/hanked-j a-lepingute-tuuptingimused  participants (with additional learning materiais prepared where necessary) that can be completed in an asynchronous e-Iearning format. The estimated deadiine for completion of the first-stage Work is four months from the date of signing the public contract. 2.3.2. In the second stage, the Contractor, in cooperation with the Contracting Authority, wiII pilot the outcome of the first stage with one training group. At least 20 members of the target group as described in clause 3.2 of the procurement document (PD) will be included in the training group. The expected outcome of this stage are the reports submitted by the Contractor to the Contracting Authority in accordance with the requirements described in clause 6.1 of the PD. The estimated deadline for completion of the second-stage Work is ten months from the date the Contracting Authority signs the instrument ofdelivery and acceptance of the first-stage Work. 2.3.3. In the third stage, the Contractor, in cooperation with the Contracting Authority, wiIl carry out the Training Programme for one training group. At Ieast 30 members of the target group described in clause 3.2 of the PD will be included in the training group. The expected outcome of this stage is the report submitted by the Contractor to the Contracting Authority in accordance with the requirements described in clause 6.2 of the PD. The Contracting Authority wilI approve the date of commencement of the third stage Work upon acceptance of the second-stage Work. The estimated deadiine for completion of the Work is eight months from the date confirmed by the Contracting Authority. 2.3.4. In the fourth stage, the Contractor, in cooperation with the Contracting Authority, wiII carry out the Training Programme for one training group. At least 30 members of the target group described in clause 3.2 of the PD will be included in the training group. The expected outcome of this stage is the report submitted by the Contractor to the Contracting Authority in accordance with the requirements described in clause 6.2 of the PD. The Contracting Authority will approve the date of commencement of the fourth stage Work upon acceptance of the third-stage Work. The estimated deadiine for completion of the Work is eight months from the date confirmed by the Contracting Authority. 2.3.5. From the second stage onwards, at the time of delivery of each Work, the Contracting Authority shall have the right to decide whether it is reasonable to proceed with the next stage(s) of the Work. If the Contracting Authority decides not to proceed with the Work, the Contract will be terminated (the Contracting Authority wiIl pay the Contractor for the Work done by the time of the decision and no fee wilI be paid for the subsequent stage(s)). 2.3.6. Together with the instrument of delivery and acceptance of the final Work, the Contractor shall submit a final report in accordance with the requirements set out in clause 6.3 of the PD. 3. Obligations of Parties 3.1. The Contractor shall: 3.1.1. Carry out the Work specified in clause 2.1; 3.1.2. Deliver to the Contracting Authority the Work carried out in accordance with the stages listed in clauses 2.3.1 through 2.3.4 of the Contract, at the latest by the deadiine specified in clause 2.3 of the Contract; 3.1.3. Submit a final project report with the instrument ofdelivery and acceptance of the final Work; 2 *2 /, / I  3.1.4. During the execution of the Work, comply with the instructions of the Contracting Authority and, at the Contracting Authority’s request, remedy any defects within the deadiine set by the Contracting Authority. 3.2. The Contracting Authority obiiges to: 3.2.1. Examine the outcome of the Work Iisted in clauses 2.3.1 through 2.3.4 of the Contract within 14 business days of the delivery of the Work by the Contractor, and notify the Contractor within five business days of the inspection if the outcome does not comply with the terms and conditions of the Contract. In the absence of written notification within the said time limit, the Contracting Authority wilI be deemed to have approved the Work. In the event of defects in the Work or non-conformity with the terms and conditions of the Contract, the Contracting Authority shall set a reasonable deadiine for remedying the defects or for delivering a new outcome in accordance with the terms and conditions of the Contract. After examining the outcome of the Work, the Parties will draw up an instrument to be signed digitally. The signature on the instrument is the basis for the Contractor’s invoice. 4. Amount of fee, term and procedure for payment 4.1. The Contracting Authority shall pay the Contractor a maximum fee EUR 197 407,00 + VAT for the performance of the Work set out in the Contract. 4.2. The Contracting Authority shall pay the Contractor for the completed Work after the Work has been accepted under the conditions set out in clause 3.2.1. The fee payable is calculated based on the costs set out in the tender value: 4.2.1. For completion of the first stage ofwork EUR 39 481,40 + VAT. — 4.2.2. For completion of the second stage ofwork EUR 39481,40 + VAT. — 4.2.3. For completion of the third stage of work EUR 59 222,10 + VAT. — 4.2.4. For completion of the fourth stage ofwork EUR 59 222,10 + VAT. — 5. Authorised representatives 5.1. The Contracting Authority’s authorised representative for the purposes of the performance of the Contract, the inspection of performance and the acceptance of the Work is Karl Andreas Sprenk, Digital SkilIs Coordination Director, telephone +372 625 6354, e-mail [email protected]. 5.2.The Contractor’s authorised representative for the purposes of performance of the Contract and the inspection of performance is Katherine Weber, Director of Partnerships, telephone +44 203 608 2241, e-mail [email protected]. 6. Annexes 6.1. At the moment of signing, the Contract has the following documents annexed to it: Annex 1 Procurement Document — Annex 2 Contractor’s Tender, including Project Team Declaration, Tender Value, Trade — Secret and Record ofProcessing Personal Data (registered in Document Management System Delta) Annex 3— Instrument ofDelivery and Acceptance ofWork .1. Ot7t%P IL-. O.  7. Miscellaneous 7.1. The Contractor confirms having read the General Terms and Conditions electronically on the website of the Ministry of Economic Affairs and Communications at: https://mkm.ee/ministeerium-uudised-ia-kontakt/ministeerium-ia-ministrid/hanketeated 7.2. The Contractor is aware that the Contract is public, except the parts marked as intended for internal use on the grounds specified in the Public Information Act. Contracting Authority Contractor /0. 4 PROCUREMENT DOCUMENT Methodological preparation, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” CPV code: 80400000-8 Adult and other education services The Ministry of Economic Affairs and Communications invites tenders for a public procure- ment for the methodological preparation, piloting, and delivery of a training programme to de- velop the digital capability of civil service (top) executives. The client: The Ministry of Economic Affairs and Communications Suur-Ameerika 1, 10122 Tallinn Registry code: 70003158 e-mail address: [email protected] Public procurement: Methodological preparation, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” Minimum time frame during 90 calendar days which the tenderer must maintain the tender: The duration of the public From the date of signing until 31 July 2027 or until the contract: acceptance of the last-stage Work by the client (whichever comes first) The estimated value of the EUR 200,000 plus VAT contract: The person responsible for Karl Andreas Sprenk, Digital Skills Coordination Director, the procurement: The Ministry of Economic Affairs and Communications The public contract is financed from the European Regional Development Fund, on the basis of Minister of Economic Affairs and Communications Decree of 14 March 2023 No. 44 “Con- ditions for awarding grants to support the consolidation of the foundations and accelerate the developmental leaps of the digital state and ensure the security of cyberspace”, which sets out the conditions and procedure for awarding grants under intervention 21.1.2.1 “Development and implementation of digital solutions and innovations in the public sector” of measure No. 21.1.2.1 “Digital State”. Tenderers whose place of residence or seat is in Estonia, in another EU Member State or con- tracting state of the European Economic Area or in a country that has joined the Government Procurement Agreement of the World Trade Organisation may participate in the public pro- curement. Public procurement: Methodological preparation, piloting and delivery of the training pro- gramme “Planning and Managing Digital Change in the Public Sector” 1. BACKGROUND The training programme “Digitipud” was conducted from 2020 to 2023 commissioned by the Government Office in order to develop the digital capabilities of top executives of civil service. The training programme gave executives the knowledge they needed to plan digital transfor- mation in their area of responsibility, including the skills to assess the current state of the or- ganisation and to consider methods to improve business processes through smarter use of data and technology. In addition, training programmes for the development of digital services have been carried out in recent years as commissioned by the Ministry of Economic Affairs and Communications, e-learning courses have been developed on the use of data and technology and the development and management of user-centred services. The objective of this training programme is to strengthen the management level of agencies in planning and implementing sectoral digital change, providing the necessary knowledge and skills to plan and implement digital change in the organisation or area of responsibility. As a key mechanism for planning sectoral digital change and implementing the changes needed for the development of the digital state, the Ministry sees a well-coordinated digital transformation that measures progress towards results and empowers stakeholders, builds the capacity of gov- ernance areas and helps ensure: • citizens and businesses with the best digital state experience and high satisfaction with services; • necessary developments in service governance, data management, architecture, compe- tences, cybersecurity and sustainability; • achieving the development plans and strategic objectives of the governance areas; • security, including access to services in crisis situations. According to the Ministry's vision, digital transformation is a clearly measurable, effectively managed, results-driven action plan that supports the strategic business goals in the area in order to realise the potential of public sector capabilities and opportunities for users through sustain- able digital solutions and to create maximum value in user-centric interaction with the state. Digital transformation does not mean adding “a little more digital” to an existing service or being a development plan for large-scale projects, but an effective and fundamental rethinking of services (including data use), processes and architecture. The focus should not be on tech- nology, but on achieving the strategic business objectives of the state and the governance area, and enhancing customer value through the best use of modern digital technology. The aim is to go beyond the paradigm of project-based management and look at the continuum of develop- ment in the sector as a whole, including from a change management perspective and regardless of the source of funding. So far, the state’s digital services have been developed with a focus on improving the efficiency of the public sector’s work and the accessibility of services through electronic channels. As a result, services have often been developed according to the structure and functions of the or- ganisation, rather than the needs of users. Many digital services do not measure user experience or take feedback into account in service development. In the absence of a common approach to the design of service operating logic and user interfaces across the country, the user experience is uneven, often inconvenient and does not meet legitimate expectations. The data already col- lected by the state is not sufficiently used to develop services, and instead of proactive or “in- visible” services, most public services’ workflows are user-driven. 2 At national level, it is necessary to put in place practices that facilitate cost-effective and flexi- ble management of technology. Among other things, new digital state services and older re- made services should be developed in a cloud-capable way, following the principles of distrib- uted event-based microservices. Built in this way, the services allow for changes to be intro- duced quicker and also the sub-components of the service to be re-used in other projects. In the public sector, there are major challenges with data quality, management of basic data and data analysis. To address the challenges, services need to apply business analytics to ensure that services are user-centred, while decision processes and services need to apply data analytics, including “kratts” where necessary, to make better decisions and/or automate activities. Cybersecurity is about implementing both systematic risk management and appropriate and proportionate information security measures. Currently, the level of both is uneven and man- agers have very different insights into the information security of the systems for which they are responsible. Therefore, there is a need to strengthen capacity in all governance areas, focus- ing on reducing the major risks and on the risk management, information security and business continuity of services and information systems with higher impact (critical and essential for the functioning of the state). From a management and general capacity perspective, the challenges are a lack of competences, a weak focus on sustainability and a project-based management model. There is a lack of a coherent approach to the training and recruitment of IT specialists across agencies, which is reflected in the quality of cooperation between the digital (IT) and non-digital (business and support) departments. For example, the policymaker needs to understand how their input will impact on the user-centricity or development process of service delivery when implementing a policy, and to be able to consider the opportunities and constraints that come with the use of data or technology, including to think ahead about the implications of implementing a legal act or measure, etc. In digital technologies and the architecture, design, development and delivery of digital solu- tions and components, the potential and realisation of sustainable opportunities for society, the environment and the economy are under-utilised. Despite the role that Estonia has taken in achieving the UN Sustainable Development Goals (SDGs), the digital state has so far not paid enough attention to environmental sustainability solutions and their negative or potentially pos- itive impact in curbing climate change. Centralised governance of the digital economy has so far been predominantly IT project-based, focusing on solving individual challenges. The focus has been on ICT strategies and less on achieving the strategic business objectives of the governance area and on improving customer value through better use of modern digital technologies. The expected outcome of the training programme is that participants will have a deeper under- standing of the need to plan for digital change and will have the practical knowledge and skills to increase the scope and quality of sectoral digital transformation plans (to be ensured system- atically in service management, data management, technology, cybersecurity, skills develop- ment and sustainability). The client sees the training programme as a complete learning process for the participant, com- bining the acquisition of theoretical knowledge in an asynchronous e-learning format, class- room-based master classes (to validate theoretical knowledge through case studies, discussions, group work, field visits or other practically oriented activities) and the availability of mentoring 3 (to support the transfer of acquired knowledge into the participant’s daily work in their area of responsibility). The expected outcome of the training programme is that participants will have a deeper understanding of the need to plan for digital change and will have the practical knowledge and skills to increase the scope and quality of sectoral digital transformation plans. The tenderer’s task is to design the structure of the training programme on the basis of the terms of reference, including designing and making available (if necessary, preparing) the theoretical base, designing and proposing to the client the structure and thematic focus of the master classes needed to achieve the learning outcomes. It is also the responsibility of the tenderer to carry out, in cooperation with the client, the piloting of the training programme and, if declared suc- cessful by the client, to continue to provide the training programme until 31 July 2027 or until the acceptance of the last stage of the work by the client (whichever comes first). 2. OBJECT OF PUBLIC PROCUREMENT 2.1. The object of the public contract is the preparation, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” (hereinafter referred to as the Training Programme) (hereinafter referred to as the Work). 2.2. The duration of the public contract is from the date of signing until 31 July 2027 or until the acceptance of the last-stage Work by the client (whichever comes first). The client sees the Work carried out in the following stages: 2.2.1.In the first stage, the tenderer will develop a detailed structure of the Training Programme based on the terms of reference and the submitted tender, which will be approved by the client before the start of the implementation. The expected out- come of this stage is that a theoretical base has been delivered to the participants (with additional learning materials prepared where necessary) that can be com- pleted in an asynchronous e-learning format. The estimated deadline for completion of the first-stage Work is four months from the date of signing the public contract. 2.2.2.In the second stage, the tenderer, in cooperation with the client, will pilot the out- come of the first stage with one training group. At least 20 members of the target group as described in clause 3.2 will be included in the training group. On the pro- posal of the tenderer and with the consent of the client, it is permitted to open a training group for more than 20 participants, provided that this does not increase the price of the Work. The expected outcome of this stage are the reports submitted by the tenderer to the client in accordance with the requirements described in clause 6 of the PD. The estimated deadline for completion of the second-stage Work is ten months from the date the client signs the instrument of delivery and acceptance of the first-stage Work. 2.2.3.From the second stage onwards, at the time of delivery of each Work, the client shall have the right to decide whether it is reasonable and necessary to proceed with the next stage(s) of the Work. If the client decides not to proceed with the Work, the public contract will be terminated (the client will pay the tenderer for the Work done by the time of the decision and no fee will be paid for the subsequent stage(s)). 2.2.4.In the third stage, the tenderer, in cooperation with the client, will carry out the Training Programme for one training group. At least 30 members of the target group as described in clause 3.2 will be included in the training group. On the pro- posal of the tenderer and with the consent of the client, it is permitted to open a training group for more than 30 participants, provided that this does not increase the price of the Work. The expected outcome of this stage is a report by the tenderer to the client in accordance with the requirements described in clause 6 of the PD. The client will approve the date of commencement of the third-stage Work upon 4  acceptance of the second-stage Work. The estimated deadline for completion of the Work is eight months from the date confirmed by the client. 2.2.5.In the fourth stage, the tenderer, in cooperation with the client, will carry out the Training Programme for one training group. At least 30 members of the target group as described in clause 3.2 will be included in the training group. On the pro- posal of the tenderer and with the consent of the client, it is permitted to open a training group for more than 30 participants, provided that this does not increase the price of the Work. The expected outcome of this stage is a report by the tenderer to the client in accordance with the requirements described in clause 6 of the PD. The client will approve the date of commencement of the fourth-stage Work upon acceptance of the third-stage Work. The estimated deadline for completion of the Work is eight months from the date confirmed by the client. 2.3. The client is the Ministry of Economic Affairs and Communications, registry code 70003158, registered office Suur-Ameerika 1, 10122, Tallinn. 2.4. The estimated value of the contract is up to EUR 200,000 plus VAT. When budgeting the tender, the tenderer should consider that the combined value of the first two stages must not exceed 40% of the total value of the public contract. 2.5. The person responsible for the procurement is Karl Andreas Sprenk, Digital Skills Co- ordination Director, The Ministry of Economic Affairs and Communications. 3. OBJECTIVE AND TARGET GROUP OF THE TRAINING PROGRAMME 3.1. The objective of the Training Programme is to offer the target group a complete learn- ing experience that develops the competences described in Annex 7 to the PD. 3.2. The target group of the Training Programme is: 3.2.1.Top executives of civil service and their deputies in the Estonian civil service1; 3.2.2.Other heads of state agencies and their deputies; 3.2.3.Heads of IT units; 3.2.4.Other government sector specialists whose work is directly related to planning and managing large-scale digital change. 4. REQUIREMENTS FOR THE CONTENT OF THE TRAINING PROGRAMME 4.1. The tenderer’s task is to design and implement in cooperation with the client a clearly targeted and coherent Training Programme which: 4.1.1.is based on the overall operation logic of the government sector of Estonia and on the target group of the Training Programme (clause 3.2); 4.1.2.takes into account the overall logic of digital development (digital change) man- agement, ensuring that when re-using learning materials, the materials are in line with the internal operation logic and context of the Estonian government sector (including the Digital Agenda, EU Digital Decade goals and other strategic docu- ments) and do not conflict with it; 1 Top executives in the civil service are the secretaries general and deputy secretaries general of ministries, direc- tors of the Government Office, directors-general of agencies and inspectorates, the director-general of the Emer- gency Response Centre, the state archivist, the commander of the Defence Forces and the prosecutor general (94 posts in total). In order to be appointed, a top executive in civil service must meet the requirements laid down in the Government of the Republic Regulation of 26 June 2013 No. 100, according to which a top executive must have adequate education, management experience and foreign language skills. Most of the current top executives have a Master’s degree, more than five years’ management experience and English proficiency at B2 or C1 level. The professional and sectoral backgrounds of the top executives, their level of digital competences and their ex- posure to the topics of the programme to be set up can vary widely. During the selection process, the competences of the top executives are assessed according to the competences model for top executives in the Estonian civil service, while the level of digital competences is not assessed separately. 5  4.1.3.will introduce participants to solutions and good practices from other parts of the world and sectors (challenges for the public sector in planning for digital change at national and global level); 4.1.4.skilfully integrates theoretical/academic and practical approaches, including providing participants with the knowledge, tools and skills useful in their work; 4.1.5.support networking, mutual learning and cooperation between participants (in- cluding, where possible, outside the Training Programme); 4.1.6.enables the participant to understand their role as a “smart client”, able to shape the deployment and adoption of digital solutions in their area of responsibility to support the achievement of strategic objectives; 4.1.7.develops the participant’s understanding of the roles involved in implementing digital change and the competences required in the organisation; 4.1.8.empowers the participant to plan and manage the implementation of digital change in their area of responsibility. 5. REQUIREMENTS FOR THE DELIVERY OF THE TRAINING PROGRAMME 5.1. The client sees the Training Programme as a complete learning process for the partici- pant, combining the acquisition of theoretical knowledge in an asynchronous e-learning format, classroom-based master classes (to validate theoretical knowledge through case studies, discussions, group work, field visits or other practically oriented activities), webinars and the availability of mentoring (to support the transfer of learning into the participant’s daily work in their area of responsibility). 5.1.1.The choice of the place and format of the training must support the achievement of the objectives of the Training Programme. The tenderer must justify the princi- ples for the choice of the format of the Training Programme and the possible risks involved and the measures to mitigate these risks as part of the tender. 5.1.2.The tenderer may themselves develop the theoretical base for the training, if jus- tified, but it is preferable to reuse relevant existing theoretical e-learning materials and create a coherent whole of these for the learner. The copyright to the learning materials, audiovisual recordings and other materials additionally created for the Training Programme will be owned by the client (under a non-exclusive licence) and will be handed over with the final report. 5.1.3.If different learning materials are used, these should preferably be available to the learner in a single environment. In the absence of a suitable environment, the client is ready to allow the free use of the Digital State Academy e-learning platform. 5.1.4.Participation in the Training Programme must not entail any additional expenses for the participants. The tender must be budgeted on a total cost basis, including the cost of licences, etc., for the use of any paid learning materials. 5.1.5.In the client’s vision, the training group will start the learning activities at the same time, but flexibility will be allowed to the learners in the further course of training (in particular in the acquisition of theoretical knowledge), with the possibility to reschedule learning to periods of lower workload and skipping subjects where the participant can demonstrate sufficient prior knowledge. 5.1.6.The client understands mentoring as an individual or (in justified cases, e.g. in- volving the same institution, area of responsibility or similar challenges) group- based opportunity for participants to engage in depth with topics of interest and importance to them. The aim of mentoring is to help participants make practical connections and interpretations between the theoretical base and practical work issues. The principles, necessity and scope of mentoring are up to the tenderer. When providing mentoring, the tenderer is permitted to use subcontractors with 6  practical experience in designing and implementing digital change in the public sector. The involvement of subcontractors will be confirmed during the execution of the first stage of the Work, together with the detailed structure of the Training Programme. 5.2. In the first stage of the public contract, the tenderer may develop and, in the second stage, pilot the Training Programme in Estonian and/or English. From the third stage onwards, the tenderer must ensure that the Training Programme is delivered in full in Estonian (including making the theoretical base and other learning materials available in Estonian). To comply with clause 4.1.3 of the PD, it is permitted to carry out activi- ties in English in the third and subsequent stages up to a maximum of 20% of the total scope of the Training Programme. 5.3. In developing and implementing the Training Programme in accordance with the ob- jectives and action plan agreed with the client, the tenderer shall: 5.3.1.organise, in cooperation with the client, the registration process for the participants in the training module of the Civil Servant Self-Service Portal (RTIP); 5.3.2.prepare an input to the communication of the Training Programme (including an informative text on the objectives, learning outcomes and practical delivery of the Training Programme), to be agreed in advance with the client; 5.3.3.prepare and distribute calendar invitations (placekeepers) of all contact-based training activities and e-learning activities requiring real-time participation to the registered participants in the Training Programme at least 30 days before the open- ing of the training group. At least 48 hours before the opening of the training group, a detailed information letter with a schedule, practical instructions and other rele- vant information must be sent; 5.3.4.provide technical (and where possible, content-related) support to the participants in solving learning-related issues; 5.3.5.coordinate with the client the information activities relating to the source of fund- ing of the public contract (including the use of logos on information material, etc.); 5.3.6.issue a certificate of attendance to participants who complete at least 75% of the Training Programme; 5.3.7.ensure the availability of the training materials for participants until the end of the public contract; 5.3.8.perform other tasks related to the Work, which are not explicitly described here but are necessary to achieve the objective of the procurement and to deliver the agreed Work at a high quality standard. 5.4. When organising contact training activities (master classes and other learning activi- ties), the tenderer shall rent adequate rooms and arrange for catering for the partici- pants, the cost of which must be included in the tender, as follows: 5.4.1.the location of the contact training is Tallinn, Estonia; 5.4.2.for contact training of half a day’s duration, participants must have at least one (1) coffee break. For full training days, participants must have at least two (2) coffee breaks and a light lunch. Regardless of the duration of the contact training, drink- ing water must be available throughout the training. 5.4.3.The tenderer is allowed to subcontract the contact training activities. The involve- ment of the subcontractor will be confirmed during the execution of the first stage of the Work, together with the detailed structure of the Training Programme. 5.5. Based on the feedback from participants, Training Programme providers and the client, the developments in the field and the needs of the target group, the tenderer has the right and the obligation to modify and supplement the content of the Training Pro- gramme, if necessary, before the third and fourth stages, up to a maximum of 30%. 7  Any changes to the programme must be agreed in writing with the Client. The changes must not result in an increase in the price of the Work or in a change in the object of the public contract. 6. REQUIREMENTS FOR REPORTS RELATED TO THE TRAINING PRO- GRAMME 6.1. In the second stage, the tenderer shall submit: 6.1.1.After sixty (60) calendar days from the start of the training group’s learning activ- ities, an interim report reflecting the participants’ progress in the course, feedback and observations received from the participants on the conduct of the training (in- cluding common technical and substantive issues raised by the participants), and suggestions and recommendations for changes to the Training Programme that do not change the object and the terms and conditions of the public contract; 6.1.2.Together with the instrument of delivery and acceptance of the second-stage Work, a summary report reflecting the feedback from the participants (on the Training Programme as a whole and its various parts, allowing an assessment of the needs for improvement; an assessment of the suitability of the learning formats and the quality of the content of the Training Programme, including the transfera- bility of the acquired knowledge and skills to daily work) and proposals for changes to the Training Programme (in accordance with clause 5.5 of the PD), which do not modify the object and the terms and conditions of the public contract. 6.2. The tenderer shall submit, in the framework of the third and the fourth stages, together with the instrument of delivery and acceptance for each stage, a summary report re- flecting the feedback from the participants (on the Training Programme as a whole and its various parts, allowing an assessment of the needs for improvement; an assessment of the suitability of the learning formats and the quality of the content of the Training Programme, including the transferability of the acquired knowledge and skills to daily work) and proposals for changes to the Training Programme (in accordance with clause 5.5 of the PD), which do not modify the object and the terms and conditions of the public contract. 6.3. Together with the final instrument of delivery and acceptance of the project, the ten- derer shall submit a final project report containing the following information: 6.3.1.a summary of the activities carried out (including activities carried out, results, feedback from participants on the content and organisation of the Training Pro- gramme); 6.3.2.proposals and recommendations for similar training programmes in the future (in- cluding for scaling up); 6.3.3.a list of materials to be delivered (if any). 7. REQUIREMENTS FOR THE TENDERER’S TEAM 7.1. The tenderer must assemble a project team for the development and implementation of the Training Programme that meets the requirements set out in Table 1. The tenderer describes the composition of the team using the form in Annex 1 to the PD. 7.2. The client may verify the accuracy of the declarations made by the project team mem- bers using publicly available information and contact third parties for additional infor- mation. The client may ask the tenderer for additional information and documents prov- ing the accuracy of the declarations. The tenderer must provide the additional infor- mation/documents requested by the client within three business days of the business day following the day on which the request is received. 8  7.3. The tenderer may replace the presented team members with the prior consent of the client and provided that the competence of the replacement member is at least equiva- lent to that of the original member. 7.4. The client may require the replacement of the involved specialists at the expense of the tenderer, if these persons do not carry out the Work in accordance with the public con- tract. Table 1. Requirements for the composition and competence of the project team Role Role description The project manager is responsible for the performance of the public Project manager contract, manages the team, communicates with the client’s representa- tive, organises reporting and data collection. The training programme manager is responsible for the content and Training pro- methodological integrity of the training programme. The training pro- gramme man- gramme manager is responsible for preparing training materials, pilot- ager ing the Training Programme and providing feedback. 8. REQUIREMENTS FOR TENDER 8.1. To be eligible to participate in the procurement, the tenderer shall submit, by the closing date for the submission of tenders, 19.04.2024 at noon (EEST) to the address karlan- [email protected] a tender consisting of the following parts: 8.1.1.A free-form description of the structure of the Training Programme, including an estimate of the length of the Training Programme (in academic hours), a brief de- scription of the topics to be covered (with further explanations, if necessary), the correspondence of the structure of the Training Programme to the competences de- scribed in Annex 7 to the PD (including selection criteria and explanations if the Training Programme does not include all components), the principles, necessity and scope of mentoring, a description of the learning materials and/or other training resources with which the tenderer intends to achieve the objectives of the Training Programme. In the description of the Training Programme, the tenderer must indi- cate the possible risks associated with the delivery of the training activities and the measures to mitigate these risks (including expectations for the client); 8.1.2.A free-form indicative project plan (with the precision level of a month), including a proposal for the duration of all stages, an explanation of the preparatory activities required for the opening and administration of the training group (with deadlines and expectations to the client). The schedule should begin from the date of the con- tract. When performing the contract, the schedule may be amended, where justified, with the consent of the client and/or the tenderer; 8.1.3.Completed Annex 1 to the PD – “Project Team Declaration”, reflecting the com- position of the tenderer’s team and a description of their experience (with a mini- mum of 3 (three) references) in organising training courses with a similar objective or target group. 8.1.4.Completed Annex 2 to the PD – “Tender Value”, which includes all the costs (in- cluding VAT) of the activities indicated in the procurement document. In addition, the tender value must include the cost of activities not directly described in the procurement document but necessary to achieve the objective of the procurement. 8.1.4.1.When preparing the tender, the tenderer must take into account that the client will pay for the completed Work after the delivery and acceptance of the Work. 8.1.5.(If applicable) Completed Annex 3 to the PD – “Trade Secret” with justification. 9  8.1.5.1.The client draws attention to the fact that the successful tenderer’s tender is public pursuant to subsection 110(5) of the Public Procurement Act, except to the extent that the tenderer has rightfully designated it as a trade secret. If the tenderer does not clearly designate a trade secret in the tender or does not ade- quately justify why it is a trade secret, the client is obliged to disclose the tender in full upon receipt of a request for information. 8.1.6.Completed Annex 4 to the PD – “Record of Processing Personal Data” 8.1.7.(If applicable) Completed Annex 5 to the PD – “Power of Attorney” in case the person(s) signing the tender as representatives of the tenderer are not persons en- tered in the registry card of the Commercial Register or a certificate from another relevant register as persons who have the right to represent the legal entity. 8.1.8.(If applicable) Completed Annex 6 to the PD – “Joint Tenderers’ Power of Attor- ney” if the tender is submitted jointly by several tenderers. 8.1.8.1.In the case of a joint tender, the joint tenderers are considered to be jointly and severally liable for the performance of the public contract. 8.2. The tender can be in Estonian or English. 8.3. The tender value must be calculated and submitted in euro. When submitting the total value including VAT, please indicate if the VAT rate differs from that applicable in Estonia (22%). 8.4. No tender can be submitted after the elapse of the deadline for submission. 8.5. By submitting a tender, the tenderer declares acceptance of all of the terms and condi- tions set out in the procurement documents (subsection 110(3) of the Public Procure- ment Act). 8.6. A tenderer must maintain their tender for at least 90 days from the deadline for sub- mission of tenders. 8.7. The tenderer must consider that, if their tender is declared successful, the tenderer will be responsible for the provision of the service in accordance with the terms of the pro- curement and the tender submitted by the tenderer. 9. VERIFICATION OF SUITABILITY AND DECLARATION OF TENDERS SUITA- BLE OR REJECTION OF TENDERS 9.1. A tender must comply with the criteria set out in the procurement documents. 9.2. A tender will be declared suitable if it complies with all the terms and conditions set out in the procurement documents. 9.3. The client will reject a tender if it is not in conformity with the terms and conditions set out in the procurement documents. The client may declare a tender suitable if it does not contain any substantive deviations from the terms and conditions set out in the procurement documents. 9.4. The tenderer whose tender has been rejected cannot participate in the procurement pro- cedure any further. 9.5. The client may make a reasoned written decision on the rejection of all the tenders if: 9.5.1.during the procurement procedure, the client has learned of new circumstances that preclude or make it inexpedient for the client to complete the procurement pro- cedure on the terms and conditions set out in the procurement documents; 9.5.2.the value of all the tenders submitted or declared suitable exceeds the estimated value of EUR 200,000 (VAT excluded). 9.6. The client will not be liable to tenderers if all tenders are rejected pursuant to the terms and conditions set out herein. 10 10. COMPARISON AND EVALUATION OF TENDERS AND DECLARING TEN- DERS SUCCESSFUL 10.1. The client evaluates all of the tenders that were declared admissible. 10.2. The client has the right to reject a tender with an unreasonably low value if the client finds, after obtaining the required explanation from the tenderer and evaluat- ing the evidence, that the value of the tender is unreasonably low or the tenderer has failed to submit the required explanation by the deadline (section 115 of the Public Procurement Act). 10.3. Tender evaluation methodology: 10.3.1. “Total value of the tender” (30 points); 10.3.1.1. The maximum points are awarded to the tender with the lowest value, while the points for the other tenders are calculated according to the for- mula: “value points” = “value of the tender with the lowest value” ÷ “value of the tender being evaluated” × 30. The results of the calculations are rounded to one decimal place. The total value shall be presented on the form in Annex 2 to the PD “Tender Value”. The total value is evaluated net of VAT (clause 5. of Annex 2 to the PD). 10.3.2. “Conformity of the execution of the work with the terms of reference” (70 points). The members of the client’s evaluation panel will evaluate each sub- criterion individually. Each member of the evaluation panel may award a max- imum of 70 points; the points awarded by the members are summed and an arithmetic average is calculated. A value points system is then applied, i.e. the maximum points are awarded to the tender with the highest score. The value scores of the remaining evaluated tenders for the sub-criterion are calculated according to the formula: “score” = “arithmetic mean for the evaluated tender” ÷ “maximum arithmetic mean” x 70. The criterion will be evaluated on the basis of three sub-criteria: 10.3.2.1. “Description of the work logic and process” (40 points); 10.3.2.2. “Feasibility of the indicative project plan“ (20 points); 10.3.2.3. “Description of risk management measures” (10 points). Table 2. Description of the sub-criteria for the criterion “Conformity of the execution of the work with the terms of reference” Sub-criterion Points Description of the sub-criterion Description of the The tenderer has fully understood the task of the pro- work logic and pro- curement and the tenderer’s approach to the delivery of cess (clause 8.1.1 of the training creates added value. The structure of the the PD) Training Programme, the learning materials to be used 40 and the planned time frame support the achievement of the objectives of the procurement and an outcome corre- sponding to the terms and conditions of the public con- tract. The tenderer has understood the task of the procurement. The structure of the Training Programme, the learning 20 materials to be used and/or the planned time frame largely support the achievement of the objective of the procurement and an outcome corresponding to the terms 11  and conditions of the public contract, but contain a few inaccuracies. The tenderer has not understood the task of the procure- ment and/or the structure of the Training Programme, the learning materials to be used and/or the planned time 0 frame do not allow the achievement of the objective of the procurement or an outcome corresponding to the terms and conditions of the public contract. Feasibility of the in- The activities and time schedule to achieve the objec- dicative project tives of the procurement as described in the indicative plan (clause 8.1.2 of 20 project plan are fully in line with the technical specifica- the PD) tions and objectives of the procurement and support the timely fulfilment of the public contract. The activities to achieve the objectives of the procure- ment as described in the indicative project plan are largely in line with the technical specifications and ob- 10 jectives of the procurement; there are a few inaccuracies that do not prevent the timely fulfilment of the public contract. The activities to achieve the objectives of the procure- ment as described in the indicative project plan are not 0 in conformance with the technical specifications and/or objectives of the procurement and/or prevent the timely fulfilment of the public contract. Description of risk The risk mapping is in line with the terms of reference management 10 of the procurement and the risk management measures measures (clause (including expectations for the client) are proportionate. 8.1.1 of the PD) There are some shortcomings in the risk mapping or in the description of the risk management measures which 5 do not prevent the achievement of the objectives of the public contract. Risk mapping and/or risk management measures do not 0 support the achievement of the procurement objectives. 10.4. The scores are summed and the tender with the highest score, calculated as de- scribed above, is declared successful. In the case of tenders with equal scores, the tender with the highest score for the "Price per participant" criterion is declared successful. If the equal tenders have equal scores also for this criterion, the evalu- ators will vote on the successful tender. 10.5. The value point calculation results are rounded to two (2) decimal places. 10.6. A tender will not be declared successful if it received minimum points for at least one sub-criterion of the "Conformity of the execution of the work with the technical specifications" criterion from all members of the evaluation panel. 12 11. ENTRY INTO PUBLIC CONTRACT 11.1. A public contract is awarded to the qualified tenderer whose suitable tender has been declared successful. 11.2. The public contract enters into force after it has been signed by the client and the tenderer. 11.3. If the successful tenderer fails to sign the public contract within 7 (seven) calendar days of the date the contract with the client’s signature is sent to the tenderer, the client is entitled to consider it as a refusal to enter into the contract and withdrawal of the tender by the successful tenderer as referred to in section 119 of the Public Procurement Act. In such a case, the client has the right to annul the decision to declare the tender successful and to re-evaluate all the other suitable tenders and to declare successful the next tender based on the evaluation result. 12. ANNEXES TO THE PROCUREMENT DOCUMENT: Annex 1 – “Project Team Declaration” (form) Annex 2 – “Tender Value” (form) Annex 3 – “Trade Secret” (form) Annex 4 – “Record of Processing Personal Data” (form) Annex 5 – “Power of Attorney” (form) Annex 6 – “Joint Tenderers’ Power of Attorney” (form) Annex 7 – Description of the Digital Competences Necessary in the Work of Top Execu- tives of Civil Service Annex 8 – Special Terms and Conditions of Contract for Work (draft) Annex 9 – Instrument of Delivery and Acceptance of Work (form) 13  Public procurement: Methodological preparation, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” Annex 7 –Digital Competences Necessary in the Work of Top of Civil Service Management of user- Data management, AI and data-driven Management and gen- Technology centric (digital) ser- Cybersecurity governance eral capacity vices the most commonly the general principles of the general principles, opportunities and ben- the general principles of EU the general principles for used vocabulary in the the Web Content Acces- efits of data re-use; and national cybersecurity planning and implement- technology field; sibility Guidelines laws and regulations, includ- ing digital change; (WCAG); the principles and applications in organisa- ing their impact on the cy- the general operating tions of human-centred data management; bersecurity and duties of the the general principles of logic, benefits and organisation; organisational structures risk mitigation op- the roles, competencies, processes and ap- and work processes sup- proach needed for a data-driven organisation; KNOWS tions of common tech- the most common cyber porting digital develop- nologies (APIs, threats, including the ment (including people cloud-based solu- the general principles (including risks) of us- measures to avoid such and competence devel- tions); ing AI, the specificities of AI projects, includ- threats and the top man- opment). ing workflow and machine learning model ager’s responsibilities in the training, and the organisational prerequisites context of threats and miti- and opportunities for using AI in the organi- gation measures (risk miti- sation, including public sector use cases; gation and acceptance of re- sidual risks); 20  Management of user- Data management, AI and data-driven Management and gen- Technology centric (digital) ser- Cybersecurity governance eral capacity vices the key trends and fu- general principles and the importance of data management, the value the importance of cyber the nature and im- ture developments af- common methods of it creates, related key roles and activities threat training for every em- portance of the organisa- fecting the public sec- user-centred design (e.g. (lifecycle management, data characterisation, ployee (exercising contin- tion’s digital strategy; tor (including micro- defining the problem, data quality management) in the organisation; gency responses will in- architecture, orches- defining the customer, crease the resilience of the the need to introduce ser- tration engines, event- creating user stories); how to treat data as an asset and how to effi- organisation to cyber vice-based management driven architecture); ciently add value to data; threats); and the general princi- UNDERSTANDS the main stages in the de- ples for its implementa- the general principles velopment of a user-cen- the value of data-driven business and its rele- their responsibility for man- tion. of agile development tred (digital) service, re- vance to the organisation; aging risks and residual risks and its applications in lated risks and rewards; in accordance with the legis- the top manager’s the knowledge for the creation of the organi- lation in force; field of responsibility; sation’s data strategy and the setting of short- and long-term sectoral objectives and their how to respond to cyber in- relevance; cidents and why contin- gency plans should be devel- the general principles of good data manage- oped and tested; ment and data fairness and their application in the top manager’s area of responsibility; 21  Management of user- Data management, AI and data-driven Management and gen- Technology centric (digital) ser- Cybersecurity governance eral capacity vices ask for the infor- apply user experience design and define strategic objectives, activi- design a cyber defence strat- budget (in line with the mation they need to monitoring methods in ties, resources and an operating model that egy that includes risk analy- business logic of IT de- make informed deci- their area of responsibil- will enable the organisation to create value sis, investments, policies velopment) the costs of sions; ity (including setting ob- from data; and procedures that are implementing digital jectives and metrics, aligned with the organisa- change; evaluating impact based plan activities to ensure data management and tion’s overall business strat- on measurement results, availability to meet business objectives; egy; identify the nature of a making business deci- problem and the influ- sions); plan activities to apply artificial intelligence assess the likelihood of ma- encing factors, formulate CAN to achieve business goals; terialisation of cyber threatshypotheses for problem- and the scale of their impact;solving and draw conclu- link the business objectives of the organisa- sions from the data and tion to data and how a data-driven organisa- implement measures to pro- information available; tion can support the achievement of business tect information assets and objectives; data; select performance met- rics to monitor the or- implement data-driven decision-making prin- manage and escalate the res- ganisation’s business ob- ciples and solutions in their area of responsi- olution of a cyber crisis; jectives. bility; 22 Public procurement: Methodological preparation, piloting and delivery of the training pro- gramme “Planning and Managing Digital Change in the Public Sector” Annex 8 –Special Terms and Conditions of Contract for Work (draft) SPECIAL TERMS AND CONDITIONS OF CONTRACT FOR WORK (draft) The Ministry of Economic Affairs and Communications, registry code 70003158, registered office Suur-Ameerika 1, Tallinn 10122, represented by Kristi Hunt, Chief Operations Officer of the Department of Digital State Development, who is acting under subsection 6 (4) of the Ministry of Economic Affairs and Communications Procurement Procedure (hereinafter re- ferred to as the Client), and XXX, registry code …, registered office …, represented by the management board member … (hereinafter referred to as the Contractor), hereinafter jointly also referred to as the Parties and severally as the Party, enter into this contract for the execution of work (hereinafter referred to as the Contract) under the following terms and conditions: 1. Contract documents and basis of Contract 1.1. The Contract consists of these special terms and conditions (hereinafter referred to as the Special Terms and Conditions) and the general terms and conditions (hereinafter referred to as the General Terms and Conditions) and any annexes thereto. The Special Terms and Conditions include additions and amendments to the General Terms and Conditions. 1.2. The order of priority of the Contract documents is as follows: the Special Terms and Conditions (first priority), Annexes to the Contract (second priority), and the General Terms and Conditions (third priority). In the event of discrepancies between the Contract documents, the document with the highest priority ranking shall prevail. 2. Object and term of Contract 2.1. The object of the Contract is the design, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” (hereinafter referred to as the Training Programme) (hereinafter referred to as the Work), which the Contractor undertakes to carry out in accordance with the terms and conditions set out in the Con- tract and the annexes thereto. 2.2. The Contract is awarded as a result of the social service procurement3 “Design, piloting and delivery of the training programme “Planning and Managing Digital Change in the Public Sector” organised by the Client and in accordance with the procurement docu- ments and the tender declared successful by the Client. 2.3. The Contractor shall carry out the Work specified in clause 2.1 from the date of the conclusion of the Contract until 31 July 2027 or until the Client accepts the last stage of the Work (whichever is the earlier) in four stages: 2.3.1. In the first stage, the Contractor will develop a detailed structure of the Training Programme based on the terms of reference and the submitted tender, which the Client will approve before the start of preparing the theoretical base. The expected outcome of this stage is that a theoretical base has been delivered to the participants 3 Social service procurement below the threshold for public procurement, section 11 of the Ministry of Economic Affairs and Communications Procurement Procedure, https://www.mkm.ee/ministeerium-uudised-ja-kon- takt/ministeerium-ja-ministrid/hanked-ja-lepingute-tuuptingimused 23  (with additional learning materials prepared where necessary) that can be completed in an asynchronous e-learning format. The estimated deadline for completion of the first-stage Work is four months from the date of signing the public contract. 2.3.2. In the second stage, the Contractor, in cooperation with the Client, will pilot the outcome of the first stage with one training group. At least 20 members of the target group as described in clause 3.2 of the procurement document (PD) will be included in the training group. The expected outcome of this stage are the reports submitted by the Contractor to the Client in accordance with the requirements described in clause 6.1 of the PD. The estimated deadline for completion of the second-stage Work is ten months from the date the Client signs the instrument of delivery and acceptance of the first-stage Work. 2.3.3. In the third stage, the Contractor, in cooperation with the Client, will carry out the Training Programme for one training group. At least 30 members of the target group described in section 3.2 of the PD will be included in the training group. The ex- pected outcome of this stage is the report submitted by the Contractor to the Client in accordance with the requirements described in clause 6.2 of the PD. The client will approve the date of commencement of the third-stage Work upon acceptance of the second-stage Work. The estimated deadline for completion of the Work is eight months from the date confirmed by the Client. 2.3.4. In the fourth stage, the Contractor, in cooperation with the Client, will carry out the Training Programme for one training group. At least 30 members of the target group described in section 3.2 of the PD will be included in the training group. The ex- pected outcome of this stage is the report submitted by the Contractor to the Client in accordance with the requirements described in clause 6.2 of the PD. The client will approve the date of commencement of the fourth-stage Work upon acceptance of the third-stage Work. The estimated deadline for completion of the Work is eight months from the date confirmed by the Client. 2.3.5. From the second stage onwards, at the time of delivery of each Work, the Client shall have the right to decide whether it is reasonable to proceed with the next stage(s) of the Work. If the Client decides not to proceed with the Work, the Contract will be terminated (the Client will pay the tenderer for the Work done by the time of the decision and no fee will be paid for the subsequent stage(s)). 2.3.6. Together with the instrument of delivery and acceptance of the final Work, the Con- tractor shall submit a final report in accordance with the requirements set out in clause 6.3 of the PD. 3. Obligations of Parties 3.1. The Contractor shall: 3.1.1. Carry out the Work specified in clause 2.1; 3.1.2. Deliver to the Client the Work carried out in accordance with the stages listed in clauses 2.3.1 through 2.3.4 of the Contract, at the latest by the deadline specified in clause 2.3 of the Contract; 3.1.3. Submit a final project report with the instrument of delivery and acceptance of the final Work; 3.1.4. During the execution of the Work, comply with the instructions of the Client and, at the Client’s request, remedy any defects within the deadline set by the Client. 3.2. The Client obliges to: 3.2.1. Examine the outcome of the Work listed in clauses 2.3.1 through 2.3.4 of the Con- tract within 14 business days of the delivery of the Work by the Contractor, and notify the Contractor within five business days of the inspection if the outcome does 24  not comply with the terms and conditions of the Contract. In the absence of written notification within the said time limit, the Client will be deemed to have approved the Work. In the event of defects in the Work or non-conformity with the terms and conditions of the Contract, the Client shall set a reasonable deadline for remedying the defects or for delivering a new outcome in accordance with the terms and con- ditions of the Contract. After examining the outcome of the Work, the Parties will draw up an instrument to be signed digitally. The signature on the instrument is the basis for the Contractor’s invoice. 4. Amount of fee, term and procedure for payment 4.1. The Client shall pay the Contractor a fee of .......... for the performance of the Work set out in the Contract. 4.2. The Client shall pay the Contractor for the completed Work after the Work has been accepted under the conditions set out in clause 3.2.1. The fee payable is calculated based on the costs set out in the tender value. 5. Authorised representatives 5.1. The Client’s authorised representative for the purposes of the performance of the Con- tract, the inspection of performance and the acceptance of the Work is ... , telephone ... , e-mail ... . 5.2. The Contractor’s authorised representative for the purposes of performance of the Con- tract and the inspection of performance is ... , telephone ... , e-mail ... . 6. Annexes 6.1. At the moment of signing, the Contract has the following documents annexed to it: Annex 1 – Procurement Document Annex 2 – Contractor’s Tender Annex 3 – Project Team Declaration Annex 4 – Tender Value Annex 5 – Trade Secret Annex 6 – Instrument of Delivery and Acceptance of Work Annex 7 – Record of Processing Personal Data 7. Miscellaneous 7.1. The Contractor confirms having read the General Terms and Conditions electronically on the website of the Ministry of Economic Affairs and Communications at: https://mkm.ee/ministeerium-uudised-ja-kontakt/ministeerium-ja-ministrid/hanketeated 7.2. The Contractor is aware that the Contract is public, except the parts marked as intended for internal use on the grounds specified in the Public Information Act. Contractor Client __________________________ ________________________ 25 Instrument of Delivery and Acceptance of Work This instrument of delivery and acceptance of Work (hereinafter referred to as the Instrument ) was drawn up by ............, member of the management board of ............... (hereinafter referred to as the Contractor ) and submitted to the Ministry of Economic Affairs and Communications (hereinafter referred to as the Client ) to certify that the Contractor delivered the Work carried out under Contract No. .... of ...........2024 between the Parties as follows: ...................................................(title, a detailed description, time frame and scope of the work being delivered, the terms and conditions complied with, references to contract clauses, etc. as appropriate) The Client has examined, accepts and signs the outcome of the Work, which also constitutes acceptance of the Work delivered by the Contractor. This Instrument serves as the basis for the Contractor’s invoice in accordance with clause...... of the Contract for the amount of EUR ........ (amount in words ). This Instrument, once signed, has legal effect and will be communicated to both Parties. Contractor Client ____________________________ __________________________