Compliance requirements
The bidder 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 participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, child labour or human trafficking. The bidder must also have no outstanding tax or social security payment obligations or other breaches of tax obligations.
The bidder must confirm that it is not bankrupt, being wound up, subject to insolvency proceedings or in a similar situation; that its business activity has not been suspended; and that it has not seriously breached professional conduct rules, distorted competition, been involved in an unresolved conflict of interest or obtained an undue advantage during preparation of the procurement. The bidder must also confirm that previous public contracts were not terminated early, and that no damages or comparable sanctions were imposed due to a material breach. It must not submit false information or omit material information in the procurement passport or required documents.
Mandatory exclusion grounds also cover enabling an unlawfully present foreign national to work, the applicability of international or Estonian sanctions and convictions for tax offences. The bidder must confirm that it will not use, for more than 10% of the contract value, subcontractors or suppliers that are Russian citizens, residents or entities established in Russia, or entities owned or controlled by them or acting on their instructions. Where an exclusion ground applies, the bidder may provide evidence of remedial measures restoring its reliability where permitted. The exact evidence requirements must be checked in the procurement passport and tender documents.
Qualification criteria and exclusion grounds
During the 36 months preceding the start of the procurement, the bidder must have properly completed at least one equivalent service with a value of at least EUR 50,000 excluding VAT. An equivalent service means maintenance of pool equipment and operation of water-treatment systems for a healthcare, rehabilitation, sports or other publicly used swimming pool. The bidder must provide a description of the reference, its value, performance period, client and contact details, and an explanation of its equivalence to this procurement. The contracting authority may verify the information with the client and request additional evidence.
For contract performance, the bidder must have at least one responsible specialist with at least two years of experience in maintaining pool equipment and operating water-treatment systems for a healthcare, rehabilitation, sports or other publicly used swimming pool. The tender must include the specialist’s name, occupation or profession, and a description of qualifications and experience. The bidder must involve the named specialist in performing the contract. Replacement is permitted only with the contracting authority’s prior written consent and a replacement specialist meeting at least the same qualification requirements. If the specialist is not an employee of the bidder or a joint bidder, the tender must include that person’s written consent to participate in contract performance.
The tender must be submitted by the bidder’s statutory or authorised representative. If submitted by an authorised representative, a power of attorney must be included; joint bidders must submit a joint-bidder power of attorney. The price must be submitted using the contracting authority’s pricing table. Conditional tenders are not permitted, and the bidder must confirm compliance with all tender-document requirements. Where relevant, an explanation and evidence of equivalence must be provided. The bidder must also describe and justify any trade secrets, or confirm that the tender contains none; the tender price may not be classified as a trade secret.