Compliance requirements
The bidder must not be subject to the exclusion grounds set out in § 95(1), points 1–5, or § 95(4), point 12, of the Public Procurement Act, and must confirm that these grounds do not apply. If the company has persons who are not visible in the commercial register but are authorised to represent or control the company or make decisions on its behalf, their name and personal identification code must be provided, or the bidder must confirm that no such persons exist. If a foreign bidder, consortium member, relied-upon entity or subcontractor participates, the required documents proving the absence of exclusion grounds must be submitted for the entity and the relevant management, supervisory and representative persons. A subcontractor whose resources are relied upon must also confirm that no exclusion grounds apply.
Qualification criteria and exclusion grounds
The bidder must have completed, during the 60 months preceding publication of the contract notice, at least one contract under which it purchased, supplied and installed at least one plate fender at a port berth, with a total value of at least EUR 35,000 excluding VAT, including the installation work. The bidder must submit the contract details using Annex 3, including a brief description, value, performance period, details of the other contracting party and, where applicable, the procurement reference number.
The person responsible for dismantling and installing the fender systems must hold at least level 6 civil engineering professional qualification, specialising in port construction and in the occupational field of construction activity management or construction management, or an equivalent qualification. The bidder must provide the person’s name and professional certificate number. If the qualification was obtained outside Estonia, copies of the documents proving the qualification must be submitted.
If the bidder relies on another entity’s resources, it must submit the consent of that entity’s legal representative using Annex 5 and identify the subcontractor and its direct participation in contract performance to the extent corresponding to the relied-upon resources. In the case of a consortium, Annex 6 must be submitted where necessary, specifying the size and nature of the contract section to be performed by each consortium member.
The tender must be unconditional and signed by the bidder’s legal or authorised representative; where signed by an authorised representative, a power of attorney must be attached. The bidder must submit a technically compliant description of the fender systems, including the brand, type, model designation and manufacturer. The tender price must include all costs necessary to achieve the procurement objective, remain final for the entire contract period, and be accompanied by the price table in Annex 4. Where necessary, equivalence must be explained and supported by evidence. The work must be performed in an environmentally responsible manner, including separate waste collection and recycling. The offered goods must not be subject to international sanctions or originate from a sanctioned region.