Compliance requirements
The bidder must declare in the ESPD that neither it nor its representatives or members of its administrative, management or supervisory bodies are subject to grounds for exclusion. These grounds include convictions within the previous five years for participation in a criminal organisation, corruption, fraud, terrorist offences or offences related to terrorist activities, money laundering or terrorist financing, and unlawful use of child labour or human trafficking. Any exclusion period still in force under a conviction also applies.
Unpaid taxes or social security contributions may also be grounds for exclusion. In Estonia, a tax-debt certificate is not issued if the debt for taxes administered by the same tax authority is below EUR 100 or payment has been deferred; for foreign bidders, the law of their country of establishment applies. A further ground is a conviction for enabling a foreign national residing unlawfully in Estonia to work, or for breaching the conditions for a foreign national’s employment in Estonia. A bidder may also be excluded if entering into the contract with it would breach an international sanction or a sanction imposed by the Government of Estonia.
Where a ground for exclusion applies, the bidder may provide information about measures taken to restore its reliability if this is permitted for the procurement.
Qualification criteria and exclusion grounds
The bidder must be established or resident in Estonia, another European Union Member State, a contracting party to the European Economic Area Agreement, or a member of the World Trade Organization that has acceded to the Government Procurement Agreement.
The bidder’s team must include a responsible project manager who performs the owner’s supervision and personally participates in contract delivery. The project manager must hold at least a Level 7 Chartered Construction Engineer qualification with competence in owner’s supervision, or an equivalent qualification, and a licence for heritage supervision. Owner’s supervision and heritage supervision may be carried out by different people. The bidder must provide in the ESPD the names of the project manager and heritage supervisor, as well as the project manager’s professional certificate number.
The successful bidder must submit the CVs of these people before work begins. A person residing outside Estonia must provide documents showing that they are authorised to perform the relevant supervision under the laws of their country of residence. Copies of foreign professional certificates or equivalent documents, and any additional evidence, must be provided at the contracting authority’s request. If a key person is employed by an entity that is not participating as a bidder or joint bidder and the bidder will not employ that person, the bid must include that person’s ESPD and a freely worded confirmation of their consent to take part in contract delivery. If relying on another entity’s capacity, the bidder must also submit that entity’s ESPD.
Joint bidders must submit a power of attorney naming their authorised representative and confirming joint and several liability for performance of the contract. The bid must comply with the tender documents; conditional bids are not permitted. The price must follow the specified format. The bidder must identify and justify any trade secrets in its bid; the bid price and figures relevant to the award criteria may not be designated as trade secrets. During contract performance, the contractor must, where possible, use online meetings, avoid unnecessary printing, keep digital files to an appropriate size and delete unnecessary digital materials when the work is complete. The provided text does not specify the award criteria.