Compliance requirements
The bidder must confirm that neither the company nor its relevant management, supervisory or authorised representatives are subject to exclusion grounds. These include final convictions within the last five years or an ongoing exclusion period for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and the use of child labour or other forms of trafficking. The bidder must also not have outstanding tax or social security payment obligations, unless they have been settled or covered by a binding arrangement. Other grounds include breaches of environmental, social or labour law, bankruptcy, insolvency or liquidation proceedings, arrangements with creditors, similar insolvency situations, assets administered by a liquidator or court, suspended business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement creating an advantage, serious or repeated failures under previous public contracts, misleading or missing information, failure to provide required documents, unlawful influence or obtaining confidential information. National exclusion grounds also cover enabling an unlawfully staying foreign national to work, being subject to international sanctions, criminal tax offences and restrictions based on the bidder’s country of establishment. Where an exclusion ground applies, the bidder may, where legally permitted, provide evidence of remedial measures restoring its reliability. The bidder must also provide information on authorised persons who are not visible from the commercial register or an equivalent foreign extract.
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 160,000. Joint bidders may combine their turnover. The bidder must provide the turnover data in the ESPD and, upon request, an extract from the annual report or other evidence of turnover; this is not required for an Estonian legal entity where the information is publicly available to the contracting authority from the commercial register. If relying on another entity’s financial capacity, the bidder must provide that entity’s ESPD and, upon request, its consent confirming the available turnover, provision of financial resources where necessary and joint and several liability for the relevant part of the contract. The bidder must have completed, during the 36 months preceding the start of the procurement, at least one contract for the maintenance and/or operation service 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 submit a list of the relevant contracts and, upon request, a confirmation from the client stating the contract period and value excluding VAT. If relying on another entity’s technical or professional capacity, that entity must submit an ESPD and participate directly in performing at least the part for which its capacity is used; the required consent must also be provided upon request. The bidder must accept all conditions in the contract notice and procurement documents. All cost items in the required cost schedule must be completed without changing the listed items, descriptions, parameters, units, quantities or other pre-filled data. Cost totals must be stated in euros to two decimal places and the completed cost schedule must be submitted as an MS Excel file. For a joint tender, each joint bidder must submit a separate ESPD and the authorised representative’s signed power of attorney. The bidder must identify any trade secrets and justify that designation, and must confirm that the offered goods, if applicable, are not subject to international sanctions and do not originate from sanctioned regions.