Compliance requirements
The bidder must confirm that no grounds for exclusion apply to it or to members of its representative, management or supervisory bodies. These include a final conviction for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, unlawful use of child labour or human trafficking. Failure to pay taxes or social security contributions is also covered.
Grounds for exclusion may also include breaches of environmental, social or labour-law obligations; bankruptcy, liquidation, insolvency, an arrangement with creditors, a similar situation, administration of assets by a liquidator or court, or suspended business activities; serious professional misconduct; agreements distorting competition; an unavoidable conflict of interest; involvement in preparing the procurement where it creates an unfair competitive advantage; a material or repeated breach of a previous public contract resulting in termination or compensation, a price reduction or a contractual penalty; submission of false information, failure to provide required information or documents, or improper acquisition or use of confidential information.
Further grounds include enabling the employment of a foreign national staying in Estonia without a legal basis or in breach of the conditions for employment in Estonia, and circumstances in which awarding the contract would breach an international sanction or a sanction of the Republic of Estonia. Possible grounds also include conviction for a tax offence and tax arrears relating to a local tax in the contracting authority’s location. In certain cases, the bidder may provide information on measures taken to restore its reliability; whether this is possible depends on the applicable procurement conditions.
Qualification criteria and exclusion grounds
The bidder must provide a team with the required competence throughout the contract. The team must include at least one lead expert within the meaning of § 34 of the Environmental Impact Assessment and Environmental Management System Act and at least one planner within the meaning of § 6(10) of the Planning Act. One person may perform both roles if they meet the requirements for each. Professional qualifications obtained abroad must be recognised in Estonia by the competent authority. A team member may be replaced only with the contracting authority’s prior approval and by a person with at least equivalent competence. At the contracting authority’s request, the successful bidder must submit a CV signed by the lead expert or planner; the relevant registers will be checked for the expert’s licence and valid professional certificate.
The tender must include the schedule and activity plan required by the technical description and confirm that the specialist professionals and experts listed in section 8 of that description will be provided with the required competence throughout the contract. The tender must comply with the procurement documents; conditional tenders are not permitted. The tender price must follow the prescribed structure for award criteria and evaluated indicators. If the bidder relies on another entity’s resources, it must submit that entity’s consent to participate in performing the contract and its ESPD. For a joint tender, a power of attorney for the joint bidders must be provided.
If the tender proposes an equivalent to a required standard, label or other technical basis, the equivalence must be explained and supported by evidence. The bidder must identify and justify any information in the tender claimed as a trade secret; the tender price and indicators corresponding to the award criteria may not be designated as trade secrets. The selected documents did not specify separate award-criteria weightings or a scoring system.