Compliance requirements
The bidder must not be subject to exclusion grounds, including a final conviction for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or other forms of human trafficking. The checks also cover members of the bidder’s management and supervisory bodies, proxies, and other persons authorised to represent, direct or control the bidder.
The bidder must not have outstanding tax or social security payment obligations. Other possible exclusion grounds include breaches of environmental, social or labour law obligations; bankruptcy, liquidation or another insolvency situation; assets administered by a liquidator or court; suspended business activities; serious professional misconduct; agreements restricting competition; conflicts of interest; involvement in preparing the procurement that created an undue advantage; material breaches of previous contracts; and the submission of false information or failure to provide required information.
The bidder, any joint bidder, and any entity whose capacity is relied upon must not be established in the Russian Federation or Belarus. The bidder must confirm that it will not use subcontractors or suppliers covered by the Russian sanctions restrictions for more than 10% of the contract value. Entering into the contract must also not breach international or Estonian sanctions. If an exclusion ground applies, any self-cleaning measures and supporting evidence must be disclosed in the European Single Procurement Document and provided to the contracting authority where requested.
Qualification criteria and exclusion grounds
Within the 36 months preceding publication of the contract notice, the bidder must have provided technical maintenance services for at least two buildings with a closed net floor area exceeding 1,000 m². Each reference must include all maintenance activities covered by EVS 807 codes 281, 282, 283 and 284, and the services must have been performed properly under a concluded contract and in accordance with good practice. The European Single Procurement Document must include a list of the contracts with the contracting party’s name, contact details, the site address and the contract validity period; the procurement reference number must also be provided where the contract resulted from a public procurement. At the contracting authority’s request, the bidder must provide a confirmation from the previous client that the services were performed properly and to the required extent.
The bidder must appoint a project manager who has at least secondary education and, during the three years preceding publication of the contract notice, has managed technical maintenance services for at least two buildings with a closed net floor area exceeding 1,000 m², with management lasting at least six months in total for each service; alternatively, the project manager must hold at least the level 5 professional certificate for a responsible security systems specialist, with the competence for installing and maintaining fire alarm systems, or an equivalent qualification. The project manager’s responsibility for delivering similar contracts must be demonstrable, if requested, by a client confirmation, contract or contract document signed by the client. Details of the specialist and proof of education must be submitted in Form 4. For a qualification obtained abroad, the bidder must provide a copy of the qualification document and a document issued by the competent Estonian authority confirming its equivalence.
The tender must incorporate all requirements of the tender documents, and the bidder must verify the service volumes. The price must be submitted in euros both in the procurement register’s price schedule and in Form 3, including the reserve and excluding VAT. Form 3 must be completed in full, including the fixed hourly rate for additional services; this rate must remain within the specified range and fixed additional-service prices must not exceed the maximum amounts in the table. Cross-subsidisation and zero pricing are not allowed. The bidder must submit the participation application in Form 2 and, where applicable, a list of documents treated as trade secrets with reasons. For a joint tender, the power of attorney, appointment of the representative and confirmation of joint and several liability must be submitted in Form 8. The tender must comply with the tender documents; where an equivalent solution is offered, its equivalence and supporting evidence must be explained in the tender.