Compliance requirements
The bidder must confirm that neither the company nor its management, supervisory bodies, authorised representatives or other persons exercising control have been finally convicted within the last five years, or remain subject to an exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or the illegal use of child labour or other forms of human trafficking. The notice also covers breaches of tax and social security payment obligations, with a stated threshold of EUR 0; in Estonia, a tax debt certificate is generally not issued where the debt is below EUR 100 or payment has been deferred.
The bidder must also confirm that it is not subject to insolvency, liquidation, bankruptcy, suspended business activity or a comparable situation; has not seriously breached environmental, social or labour-law obligations; has not committed serious professional misconduct; has not distorted competition or had an unresolvable conflict of interest; has not participated improperly in preparing the procedure; has not had an earlier public contract terminated prematurely or been subject to damages or comparable sanctions; and has not submitted false or withheld required information. National grounds also cover enabling an unlawfully resident foreign national to work, being subject to international sanctions and certain tax offences. Where permitted, the bidder may provide evidence of measures taken to restore its reliability. First-tier subcontractors are checked during contract performance, and the bidder must confirm that it will not use a subcontractor who would have to be replaced under the applicable public procurement rules.
Qualification criteria and exclusion grounds
The bidder must have a design project manager for the service with at least a level 7 or equivalent professional qualification as a chartered construction engineer specialising in building construction, or at least a level 7 or equivalent qualification as an authorised architect. The tender passport must state the project manager’s name, qualification and professional certificate details. For qualifications obtained outside Estonia, equivalent qualification documents must be submitted.
During the 36 months preceding the start of the procedure, the bidder must have properly completed, as the main contractor, at least one contract for preparing the detailed design of an educational building. The building or building section must have had a closed net floor area of at least 1,000 m². The design must have reached at least the detailed design stage and covered architectural, structural and building-services disciplines, including heating, ventilation, cooling, water supply and sewage, electrical installations, low-voltage systems, automation and energy efficiency. Contract details must be provided in the tender passport, and supporting evidence of proper performance, such as a client confirmation or handover certificate, must be submitted upon request.
The tender must comply with the procurement documents, be unconditional and follow the prescribed structure for submitting the tender price. Where relevant, equivalence must be explained and supporting evidence provided. In a joint tender, a power of attorney for the joint tenderers must be included. The bidder must identify and justify any trade secrets; the tender price and numerical figures used for evaluation may not be classified as trade secrets.