Compliance requirements
The bidder must confirm that neither the bidder, its management or supervisory board members, nor persons authorised to represent or control it have been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, child labour or human trafficking offences. The bidder must also have no outstanding tax or social security payment obligations, except where permitted by law; the notice specifies a EUR 100 threshold for tax debt checks and also addresses deferred obligations.
The exclusion grounds also cover breaches of environmental, social or employment law, bankruptcy, liquidation or other insolvency situations, arrangements with creditors, assets managed by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest and prior involvement in preparing the procurement. They also include material or repeated breaches of previous public contracts resulting in early termination, damages, a price reduction or a contractual penalty, as well as false information, failure to submit required information or documents, and improper attempts to influence the contracting authority’s decision-making.
The bidder must not have been convicted of enabling an unlawfully present foreign national to work or of breaching foreign workers’ pay or employment conditions, must not be subject to international or Estonian sanctions, and must not have been convicted of tax offences. The bidder must provide the required ESPD declarations and, where relevant, describe remedial measures taken to restore its reliability and submit supporting evidence.
Qualification criteria and exclusion grounds
Within the 36 months preceding the start of the procurement, the bidder must have properly completed at least one similar design contract. The work must concern a building or building complex with a closed net floor area exceeding 300 m² and must have been carried out at preliminary design and detailed and/or working design stages, including issuance of a building permit and preparation of a design for a non-residential building or its reconstruction. The contract value must be at least EUR 50,000 excluding VAT. Where the contract was performed as a joint bidder or subcontractor, only the part actually and properly performed by the bidder and its value will be taken into account.
The ESPD must include the contract description, signing and completion dates, total value, the bidder’s area of responsibility, the value of the bidder’s completed part, and the contracting authority’s name and contact details. At the contracting authority’s request, the bidder must provide confirmation from the other contracting party that the work was properly completed. If the information is not reasonably available from public databases, the bidder must provide additional explanations, data or documents within up to five working days of receiving the request.
The tender must comply with all procurement documents, be unconditional and follow the prescribed structure for submitting the tender price. Where relevant, equivalence must be explained and supporting evidence attached. In a joint tender, a power of attorney from the joint bidders must be submitted. The bidder must submit the required declarations and bidder information form and identify any trade secrets with reasons; the tender price and numerical indicators characterising the tender in relation to the award criteria may not be classified as trade secrets. Neither the bidder nor its subcontractors may be domiciled or established in the Russian Federation or the Republic of Belarus. Visiting the site before submitting a tender is mandatory, and the visit must be confirmed on the registration sheet.