Compliance requirements
The bidder must confirm that neither it nor its management, administrative or supervisory body members, nor persons authorised to represent, decide for or control it, have been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, unlawful use of child labour or human trafficking-related offences. The check also covers any continuing exclusion obligation. Where applicable, the bidder must describe measures taken to restore its reliability and provide supporting evidence. The bidder must not have outstanding taxes or social security contributions; if a tax debt or payment arrangement exists, the required details must be provided. The bidder must also have no exclusion ground relating to enabling an unlawfully staying foreign national to work, and awarding the contract must not breach an international or Estonian sanction. For the exclusion-ground checks, the bidder must also provide the names and personal identification codes of authorised persons who are not visible in the commercial register or an equivalent register, or confirm that no such persons exist.
Qualification criteria and exclusion grounds
By the bid submission deadline, the bidder must hold a valid Community licence referred to in section 39(1) of the Estonian Public Transport Act for providing paid passenger transport. A foreign bidder must hold any registration or licence required in its country of establishment. Compliance must be confirmed in the ESPD, and the contracting authority may request a copy of the licence or other relevant evidence. The bidder must have appointed at least one transport manager who meets the requirements of Articles 4, 6, 8 and 9 of Regulation (EC) No 1071/2009 and the applicable requirements of the country of establishment. The manager’s name and professional competence must be stated in the ESPD; upon request, the bidder must provide the appointment documents and a certificate or other document proving professional competence. At least one bus meeting the requirements of the tender documents is required for contract performance. The bid must include the bus list using Tender Document Form 4, and no later than three calendar days before the transport service begins, the bus must be owned by the bidder or available to it on another legal basis. Evidence of this right of use must be submitted; the authority may also request type approvals or manufacturer documentation. The price must be submitted using Tender Document Form 5 by completing field D, without otherwise modifying the Excel file, with three decimal places and excluding VAT. In a joint bid, the required powers of attorney and the authorised representative’s consent must be included. Conditional bids are not permitted, and the bidder must confirm that it accepts all conditions set out in the tender documents.