Compliance requirements
The bidder and its representatives must not be subject to exclusion grounds, including final convictions for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the unlawful employment of third-country nationals or other forms of human trafficking. The bidder must also not have outstanding tax or social security liabilities, except where permitted by law. The exclusion grounds also cover breaches of environmental, social or labour-law obligations, bankruptcy or insolvency proceedings, agreements with creditors, assets under the control of a liquidator or court, suspended business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement procedure, material breaches of previous public contracts, and the submission of false or missing information. The notice also addresses breaches relating to the unlawful employment of foreign nationals, international sanctions and convictions for tax offences. The bidder must provide the required declarations in the ESPD and, where applicable, supporting evidence; where an exclusion ground applies, evidence of remedial measures restoring reliability may be submitted in cases allowed by law or the procurement documents.
Qualification criteria and exclusion grounds
The bidder must be registered in the business register of its country of establishment or in an equivalent register. A bidder established in Estonia may provide a declaration in the ESPD, and the contracting authority will verify the registration directly. A foreign bidder must submit a certificate from the competent register, apostilled or legalised, which must not be older than one month as at the tender submission deadline.
The bidder must have continuous experience in providing similar services during the 36 months immediately preceding the launch of the procurement. Similar services are defined as maintenance of live-fish aquariums and their equipment. At least three similar services must have been completed or be ongoing, including at least one live-fish aquarium and equipment maintenance service lasting at least 12 consecutive months before the launch of this procurement. The ESPD must include a list of the services with a brief description, start and end dates, and the contracting customer’s contact details; for public contracts, the relevant procurement reference number must also be provided.
The tender must include the application and declarations on Form I, the price in the required structure, and an anonymous maintenance concept or detailed description for the Lennusadam aquarium maintenance services. The bidder must confirm acceptance of all tender-document conditions, possession of the intellectual property rights needed to perform the contract and compliance with the procurement requirements. Where relevant, equivalence must be explained and supporting evidence submitted. In a joint tender, a power of attorney for the joint bidders’ representative must be provided in a freely chosen format, and each joint bidder must submit an ESPD.