Compliance requirements
The bidder must confirm that neither the bidder nor its management or supervisory board members, representatives or controlling persons have been finally convicted during the last five years of participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or offences involving child labour or human trafficking. The bidder must also have complied with its tax and social security payment obligations, except where the law permits the obligations to be regularised or deferred.
The exclusion grounds also cover breaches of environmental, social or labour law obligations; bankruptcy or liquidation; other insolvency situations; assets being administered by a liquidator or court; suspended business activities; serious professional misconduct; agreements restricting competition; conflicts of interest; unlawful involvement in the preparation of the procurement; and early termination, damages or comparable sanctions resulting from material breaches of previous procurement contracts. They may also apply where the bidder has submitted false information, failed to provide required information or documents, or improperly attempted to influence the contracting authority’s decision-making process.
The bidder must confirm that neither it nor an entity whose capacity it relies on is established or resident in the Russian Federation or Belarus. Contract award must not breach international or Estonian sanctions. The bidder must provide the required confirmations concerning sanctioned goods, subcontractors, suppliers and relied-upon entities. If tax or social security arrears exist, the bidder must provide the required explanations and, where applicable, evidence of payment or a binding repayment arrangement. Where permitted by the tender documents, a bidder facing an exclusion ground may submit evidence of remedial measures restoring its reliability.
Qualification criteria and exclusion grounds
During the 36 months preceding publication of the contract notice, the bidder must have provided at least three building technical maintenance services. Each reference building must have a closed net floor area exceeding 1,000 m², and the maintenance must cover the activities listed under EVS 807 code 280, including all activities under codes 281, 282, 283 and 284. The work must have been performed under concluded contracts and in accordance with good practice. For each contract, the ESPD must include the contracting partner’s name and contact details, the site address, the contract validity period and, where applicable, the procurement reference number.
The bidder must appoint a project manager with at least secondary education who, during the three years preceding publication of the contract notice, has managed maintenance works for at least two buildings with a closed net floor area exceeding 1,000 m², with management lasting at least six months for each service, or who holds at least a level 5 professional certificate as a responsible security systems specialist with the competence for installing and maintaining fire alarm systems, or an equivalent qualification. The project manager’s actual responsibility for performing similar contracts must, if requested, be proven by a client confirmation, contract or contract document signed by the client. Specialist details must be submitted using Form 4 together with proof of education. For qualifications obtained abroad, the bidder must provide a copy of the qualification document and confirmation from a competent Estonian authority that the foreign qualification is equivalent to the required qualification.
The tender must incorporate all conditions set out in the tender documents. The bidder must verify the service volumes and include the required services and work volumes in the price. The price must be submitted in euros, including the contract reserve and excluding VAT, both in the procurement system and in Form 3. All relevant fields in Form 3 must be completed, including the hourly rate; the fixed hourly rate for additional services must remain within the specified range, prices may not exceed the maximum amounts shown in the table, and zero prices are not permitted. Forms 2, 3 and 4 must be submitted. Where applicable, documents classified as trade secrets must be listed separately and the confidentiality must be justified.
The bidder must confirm that the tender complies with the tender documents and must provide explanations and evidence of equivalence where an equivalent solution is offered instead of a referenced standard, label or other requirement. In a joint tender, the joint bidders must appoint a representative and submit a power of attorney and confirmation of joint and several liability using Form 8. The machine-readable notice did not specify a precise financial capacity requirement, such as turnover; any other requirements must be checked in the tender documents.