Compliance requirements
The bidder must confirm that it, its management or supervisory board members, representatives and persons with control or representation powers are not subject to exclusion grounds. The checks cover final convictions within the last five years, or a continuing exclusion period, for corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or other forms of human trafficking, and participation in a criminal organisation.
The bidder must also have no outstanding taxes or social security contributions. The threshold for tax or social security debt is EUR 0, although the tax authority does not issue a tax-debt certificate for debt below EUR 100 or where payment has been deferred. Where applicable, the bidder must describe how the obligations were fulfilled or provide details of a binding repayment agreement, including interest and late-payment charges.
Exclusion grounds also cover breaches of environmental, social or labour law, bankruptcy, liquidation or another insolvency situation, assets being managed by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest, involvement in preparing the procurement, material breaches of previous public contracts, and the submission of false information or failure to provide required documents.
Under Estonian law, the checks additionally cover enabling an unlawfully residing foreign national to work, convictions for tax offences, restrictions on participation in public procurement and matters connected with international sanctions. The bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. First-tier subcontractors will be checked during contract performance; second-tier and subsequent subcontractors will not be checked, and subcontractors are not required to submit a European Single Procurement Document. The bidder must confirm that it will not use a subcontractor who would have to be replaced because of an exclusion ground.
Qualification criteria and exclusion grounds
The bidder’s total net turnover for the last three financial years completed before the commencement of the procurement must be at least EUR 600,000. The bidder must provide turnover information in the European Single Procurement Document; the contracting authority may request annual accounts or extracts if the information is not available in public databases.
The bidder must have completed at least one similar building ventilation construction contract properly during the last 60 months. The building must have a ventilated net area of 2,000 m², be in public use and have enhanced indoor climate requirements. Its ventilation system must include dehumidification and automatic regulation of the indoor air humidity regime. The bidder must provide a description of the contract, the net area, the performance period and the client’s and contact person’s details. Evidence of proper performance must be submitted upon request by the contracting authority.
The specialists responsible for construction management must meet the following requirements: the project manager must hold a Level 7 professional qualification as a chartered heating, ventilation and refrigeration engineer, or an equivalent qualification; the person responsible for electrical works must hold at least a Class B competence certificate or equivalent competence; and the person responsible for fire and security alarm systems must hold a Level 4 professional qualification as a security systems technician covering the installation and maintenance of fire alarm systems, or an equivalent qualification. The bidder must provide the specialists’ names and professional certificate numbers recorded in the professional register. Qualification evidence must be submitted upon request. If a specialist is not an employee of the bidder or a joint bidder, reliance on that specialist’s capacity must be properly documented and a European Single Procurement Document must be submitted for that person.
The tender must comply with the procurement documents, be unconditional and include the detailed price table in Annex 1. The total price entered in the procurement system must correspond to the amount shown on the “Total” line in Annex 1; in the event of a discrepancy, the amount in Annex 1 will prevail. The final price must include work not expressly described in the documents but necessary for proper performance according to good industry practice. Explanations and evidence of equivalence must be provided where necessary. Joint bidders must submit a power of attorney.