Compliance requirements
The bidder must confirm that neither it nor its representatives or controlling persons have received a final conviction within the last five years for matters such as participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing or human trafficking. The exclusion grounds also cover failure to pay taxes or social security contributions, breaches of environmental, social or labour law, bankruptcy or other insolvency situations, suspension of business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest and involvement in the preparation of the procurement in a way that creates an unjustified advantage. Other grounds may include serious breaches of previous public contracts, submission of false information, withholding information or failure to provide required documents. National grounds include, among other matters, breaches connected with enabling the employment of unlawfully resident foreign nationals in Estonia, sanctions-related restrictions, tax offences and breaches of any nationality or place-of-establishment restriction set by the contracting authority. Where an exclusion ground applies, the economic operator may, to the extent permitted, submit evidence of measures taken to restore its reliability. The bidder must be able to provide proof of payment of taxes and social security contributions, or information enabling the contracting authority to verify this.
Qualification criteria and exclusion grounds
The machine-readable notice did not include precise requirements concerning financial capacity, previous experience, turnover, personnel or professional certificates; these must be checked in the tender documents. The compliance requirements are as follows:
- The bidder must submit an unconditional and complete tender and confirm acceptance of all conditions set out in the contract notice and tender documents. Conditional, partial and alternative tenders are not allowed.
- The bidder must have inspected the work site and its condition in advance. Risks concerning the scope and cost of the works arising from inadequate inspection remain with the bidder, and the contracting authority will not accept subsequent claims based on this.
- The total tender price must be submitted in the required structure excluding VAT. The price must include all costs related to performing the service, including equipment, labour, transport, required permits and approvals, waste disposal, state fees and document preparation. The contract price will not be adjusted because of calculation errors.
- The bidder must provide the names and personal identification numbers of authorised representatives who are not shown on the company’s registry card, or confirm that no such persons exist.
- In the case of a joint tender, a power of attorney for the joint tenderers must be submitted; joint tenderers are jointly and severally liable for contract performance.
- The bidder must identify and justify any information considered a trade secret, or confirm that the tender contains no trade secrets. The tender price and other prohibited numerical evaluation indicators may not be designated as trade secrets.