Compliance requirements
The bidder must confirm that it, its representatives, and members of its management or supervisory bodies have not been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or human trafficking-related offences. The confirmations also cover proper payment of taxes and social security contributions; the notice sets the relevant threshold at EUR 0, and notes that a tax authority may not issue a tax debt certificate in certain cases where the debt is below EUR 100 or payment has been deferred.
The bidder must confirm that it has not breached environmental, social or labour law obligations, is not bankrupt, being liquidated or otherwise insolvent, does not have assets administered by a liquidator or court, and has not suspended its business activities. There must also be no serious professional misconduct, agreement restricting competition, conflict of interest, unjustified involvement in preparing the procurement, or material breach of previous contracts resulting in early termination, damages or another sanction.
Exclusion may also result from submitting false information, failing to provide material information or required documents, or improperly influencing the contracting authority’s decision-making process. The bidder must additionally confirm that no national exclusion grounds apply in relation to enabling an illegally staying foreign national to work, international sanctions, local tax debt, or convictions for tax offences. Where applicable, the bidder may provide evidence of remedial measures restoring its reliability. First-tier subcontractors will be checked during contract performance, and the bidder may not engage a subcontractor who is subject to replacement under the applicable rules.
Qualification criteria and exclusion grounds
The bidder must be registered in the Estonian commercial register or an equivalent register in its country of establishment and must provide the registration details and, where required, supporting evidence.
Throughout the 48-month service period, the bidder must hold professional liability insurance with coverage of at least EUR 30,000. The tender must confirm that the necessary financial resources are available or can be obtained.
The bidder’s average annual turnover in waste and refuse-related services must have been at least EUR 100,000 over the last three completed financial years.
During the 36 months preceding the start of the procurement, the bidder must have completed at least one waste station operation service contract or at least one waste transport service contract. The bidder must provide the reference contract description, value, performance period, contracting authority and contact person details, and describe its area of responsibility.
The tender must include a service description. It must comply with all tender documents, be unconditional, and follow the price structure specified on the page for award criteria and measurable indicators. If an equivalent solution is offered, the equivalence must be explained and supporting documents included. For a joint tender, a power of attorney from the joint tenderers must be submitted. The bidder must identify any trade secrets and justify that designation, or confirm that the tender contains no trade secrets. The bidder must also confirm that the place of residence or establishment of the bidder, its subcontractors and relied-on entities is not in the Russian Federation or the Republic of Belarus.