Compliance requirements
Exclusion grounds are checked in relation to the bidder and its management or supervisory body members and representatives. They include final convictions within the previous five years for participation in a criminal organisation, corruption, fraud, terrorist offences or offences related to terrorist activity, money laundering or terrorist financing, and child labour or human trafficking. Failure to pay taxes or social security contributions may also lead to exclusion. The stated threshold for tax debt is EUR 0, although under Estonian tax law a tax debt certificate is not issued where the debt is below EUR 100 or payment of the debt has been deferred.
Other possible grounds include breaches of environmental, social or labour-law obligations; bankruptcy, liquidation, insolvency, an arrangement with creditors, assets being administered by a liquidator or court, or suspension of business; serious professional misconduct; agreements intended to distort competition; a conflict of interest that cannot be avoided by other means; an unremedied competitive advantage arising from involvement in preparing the procurement; significant or repeated breaches of a previous public contract resulting in termination, damages or a penalty; false statements, failure to provide information or requested documents, or improper efforts to obtain confidential information or influence the decision-making process.
The grounds also include enabling a foreign national to work without legal grounds or in breach of the conditions for working in Estonia, a risk of breaching international or Estonian sanctions, conviction for a tax offence, and any participation restriction arising from law or the procurement documents. Where an exclusion ground applies, the bidder may provide evidence of measures taken to restore its reliability if this is permitted by the applicable law or procurement documents.
Qualification criteria and exclusion grounds
The bidder must have sufficient technical capability and equipment to carry out scheduled maintenance and emergency repairs on the six ladder trucks. The bidder must be able to perform scheduled maintenance at the contracting authority’s location in Tallinn and, when required, repairs at the vehicles’ locations; it must confirm that it has a mobile work facility. The bidder must also have a maintenance and repair workshop in Europe and provide its exact address.
The work must be performed by personnel accepted or authorised by the vehicle manufacturer and trained and qualified for the work. To demonstrate this, the bidder must provide either the manufacturer’s confirmation that the bidder is an official representative, or a list of the personnel performing the work together with manufacturer-issued certificates or other documents demonstrating their qualifications and authorisation. The bidder must also provide complete lists of the work and activities required by the manufacturer’s instructions for the 11th- and 12th-year scheduled maintenance, including the spare parts and technical fluids to be used.
The tender must comply with the procurement documents and be unconditional; it must remain valid for 3 calendar months from the tender submission deadline. For a joint tender, the bidder must submit a power of attorney signed by all joint bidders’ authorised signatories appointing a representative; otherwise, it must confirm that the tender is not submitted jointly. The bidder must identify any information claimed as a trade secret and justify that designation; the tender price and numerical information relating to award criteria may not be treated as trade secrets. The bidder must confirm that the goods offered are not subject to international sanctions and do not originate from sanctioned regions. If an equivalent solution is offered, its equivalence must be explained and supported with evidence. The materials provided with the notice do not specify award criteria; any applicable criteria should be checked in the procurement documents.