Compliance requirements
The bidder must confirm that neither the company nor its management, supervisory or authorised representatives are subject to any of the exclusion grounds listed in the ESPD. These include, among other matters, convictions for participation in a criminal organisation, corruption, fraud, terrorism, money laundering, human trafficking or other serious offences; unpaid taxes or social security contributions; bankruptcy, liquidation or another insolvency situation; breaches of environmental, social or labour law; serious professional misconduct; agreements restricting competition; conflicts of interest or involvement in preparing the procurement; serious breaches of previous public contracts; false statements or failure to provide required documents; and improper influence on the contracting authority’s decision-making. The bidder must also provide the names and personal identification codes of authorised persons who are not visible from the commercial register, or confirm that no such persons exist. The bidder must confirm compliance with tax, social security and sanctions requirements. Subcontractors or suppliers who are Russian citizens, residents or entities established in Russia, or entities controlled by them, may not account for more than 10% of the contract value. Where an exclusion ground applies, the contracting authority may assess remedial measures taken to restore the bidder’s reliability where permitted.
Qualification criteria and exclusion grounds
The bidder’s net turnover in the last financial year completed before the start of the procurement must be at least EUR 2,000,000. Joint bidders may add their turnover together. At the contracting authority’s request, the bidder must provide an extract from the annual report or other evidence of turnover, unless the information is publicly available to the contracting authority. If the bidder relies on another entity’s turnover, it must submit that entity’s ESPD and consent; the supporting entity is jointly and severally liable with the bidder for the relevant part of the contract.
During the 36 months preceding the start of the procurement, the bidder must have completed at least three information-system development projects. Each project must have a value of at least EUR 300,000 excluding VAT, and each must have included the development of at least one microservice as an integral part of the software development process and architectural solution. The work must have been handed over to and accepted by the client. The bidder must provide a project list and, at the contracting authority’s request, client confirmations stating the completion, period, value and development of the required microservice. If technical capacity is demonstrated through another entity, that entity must participate directly in performing the contract to the relevant extent.
By the tender submission deadline, the bidder must have an information security management system implemented in accordance with ISO/IEC 27001:2022 or equivalent requirements, covering the software development and maintenance services related to the contract. Upon request, the bidder must provide a valid certificate issued by an accredited conformity assessment body or equivalent evidence; where justified, other evidence may be accepted. This requirement may not be met by relying on another entity’s resources, and each joint bidder directly performing the services must meet it itself.
The bidder must have a development team of at least seven members. Key personnel must be able to work with the contracting authority in Estonian and use technical and functional specifications prepared in Estonian and English. The tender must confirm that the team exists and meets the development-team requirements. For a joint tender, a signed power of attorney for the authorised representative must be submitted. The tender must comply with all contract notice and tender-document requirements and must include a description and justification of any business secrets, or confirm that it contains no business secrets. The detailed team roles and tender-form requirements must be checked in the tender documents.