Compliance requirements
The tenderer must confirm that neither it nor its management, administrative or supervisory body members or representatives have been finally convicted during the last five years of participating in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or other forms of trafficking in human beings. Compliance with tax and social security payment obligations is also checked; the stated threshold for tax debt is EUR 0. Grounds for exclusion may also include breaches of environmental, social or labour law obligations, bankruptcy or other insolvency, liquidation, administration of assets by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest, involvement in preparing the procurement, significant breaches of previous contracts, and the submission of false information or failure to provide required documents. Under Estonian law, the tenderer may additionally be excluded for facilitating the unlawful employment of a foreign national, being subject to international sanctions, having been convicted of tax offences, or lacking the right to participate in the procurement. If an exclusion ground applies, the tenderer may submit evidence of remedial measures restoring its reliability where this is permitted by law or the tender documents.
Qualification criteria and exclusion grounds
For both lots, the tenderer must provide, throughout the contract period, a team member holding at least the Estonian professional qualification level 6 Construction Engineer status, or an equivalent or higher qualification, specialising in building construction and competent to prepare building construction projects or manage design work. The tenderer must provide this person’s details and professional certificate number. For an equivalent or foreign qualification, the tenderer must submit evidence of the required competence, a copy of a foreign professional licence or certificate, or other proof of the right to perform the relevant work. The contracting authority may also request evidence of the qualified person’s relationship with the tenderer.
During the 36 months preceding publication of the contract notice, the tenderer must have properly completed at least one infrastructure design contract with a value of at least EUR 25,000 excluding VAT. The tender must include the contract description, value, performance period and information about the client and other contracting parties; for a public procurement contract, the procurement reference must also be provided.
For a joint tender, a power of attorney for the joint tenderers must be included. The tender must comply with all tender documents, and conditional tenders are not permitted. Where relevant, equivalence must be explained and supporting evidence attached. The tenderer must identify and justify any trade secrets, but may not classify the tender price or numerical indicators relating to evaluation as trade secrets. The tenderer must confirm compliance with sanctions restrictions and must attend the guided site visit at the time designated by the contracting authority before submitting the tender.