hankemenetluse

Hankemenetluse is the formal process used by public authorities and, in some cases, other entities to purchase goods, services, or construction works through a competitive procedure designed to ensure transparency, equal treatment, and value for money. The process covers planning, advertisement or invitation to tender, bid submission, evaluation, contract award, and contract performance, with remedies available to unsuccessful bidders.

Legal framework and scope: In Estonia, hankemenetluse is governed by the Public Procurement Act and related regulations, aligned with European Union public procurement directives. The rules apply to contracting authorities and entities using public funds and set requirements for publicity, eligibility, and selection. For contracts meeting or exceeding EU thresholds, notices and tender documents are published in official portals and, where applicable, the EU procurement database.

Procedures and criteria: Typical procedures include open procedures (open to all qualified bidders), restricted procedures (invitation to a shortlisted pool), competitive dialogue, and negotiated procedures with or without prior publication. Tender documents disclose technical specifications, contract terms, and the evaluation criteria, which typically include price, quality, and total cost of ownership. Bids are assessed against predefined, objective criteria, and the contract is awarded to the most advantageous bid.

Remedies and impact: If a bid is unsuccessful, suppliers may challenge the decision under established appeal mechanisms, with possible suspensions during review. Hankemenetluse aims to ensure competition, transparency, and accountability in public procurement, contributing to effective use of public funds and fair market access for suppliers.