Compliance requirements
The bidder, its management, administrative or supervisory body members, and persons authorised to represent, control or make decisions for it must not have been finally convicted during the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, unlawful use of child labour or human trafficking. Where applicable, the bidder must provide details of the conviction and describe measures taken to restore its reliability.
The bidder must not have outstanding tax or social security payment obligations. It must also not be bankrupt, in liquidation, subject to insolvency proceedings, subject to an agreement with creditors, in a similar insolvency situation, have assets administered by a liquidator or court, or have suspended its business activities.
Exclusion may also apply for breaches of environmental, social or labour law obligations; serious professional misconduct; agreements restricting competition; an unresolved conflict of interest; or an early termination, damages award or contractual penalty resulting from a significant breach of a previous contract. Exclusion may further result from submitting false information, failing to provide required information or documents, improperly influencing the contracting authority’s decision-making process, or seeking confidential information.
The bidder must not have committed an offence involving the employment of a foreign national staying in Estonia without a lawful basis, and no international sanctions ground may apply. The bidder must confirm that entering into the contract with it would not breach international or Estonian sanctions. It must also confirm that the goods offered are not subject to international sanctions and do not originate from a sanctioned region; otherwise, the tender may be rejected. The bidder must also comply with any participation restrictions based on its place of establishment or residence.
Qualification criteria and exclusion grounds
The bidder’s net turnover in the most recently completed financial year before the start of the procurement must be at least EUR 160,000. Joint bidders may add their turnover figures together. Turnover must be stated in the ESPD and, at the contracting authority’s request, supported by an extract from the annual report or another suitable document, unless the information concerning an Estonian bidder is publicly available to the authority through a register.
During the 36 months preceding the start of the procurement, the bidder must have completed at least one contract for the maintenance or operation of street lighting and/or traffic lights on publicly used roads, with a value of at least EUR 80,000 excluding VAT. The bidder must provide a list of the contracts and, at the contracting authority’s request, a confirmation from the client describing the contract’s scope, performance period and value.
If the bidder relies on another entity’s resources, it must submit that entity’s ESPD and the required undertaking. An entity whose turnover is relied upon is jointly and severally liable with the bidder for the relevant part of the contract. An entity whose technical or professional capacity is relied upon must participate directly in performing the contract at least to the extent for which its capacity is used.
The tender must include prices for all payment items. The bidder may not alter or delete the items, names, work descriptions, parameters, units of measurement, quantities or other data provided in the cost schedule. The fully completed HD IV cost schedule must be submitted as an MS Excel file, and price totals must be stated in euros to two decimal places. The bidder must confirm acceptance of the conditions in the contract notice and procurement documents and submit a tender covering all matters requested by the contracting authority.
For a joint tender, each joint bidder must submit a separate ESPD and a signed power of attorney appointing the joint representative. The bidder must also provide the names and personal identification codes of authorised persons not visible from the relevant commercial register, or confirm that no such persons exist. The tender must identify any trade secrets and explain why they qualify as such; the tender price and numerical figures used for evaluation may not be designated as trade secrets.