Compliance requirements
The bidder, a member of its management, administrative or supervisory body, or another person authorised to represent, make decisions for or control the bidder must not have received a final conviction within the previous five years for participation in a criminal organisation, corruption, fraud, terrorist offences or related activity, money laundering or terrorist financing, unlawful use of child labour, or human trafficking, where the relevant exclusion ground applies. Where an exclusion ground exists, the bidder may provide evidence of measures taken to restore its reliability if that option is available for the procurement.
The bidder must have no outstanding tax or social security contribution debt. The notice sets the threshold at EUR 0. The Estonian tax authority does not issue a tax-debt certificate where the debt for taxes administered by that authority is less than EUR 100 or payment has been rescheduled. For foreign bidders, the rules of their country of establishment apply.
An exclusion ground also applies if the bidder or a responsible person associated with it has been penalised for enabling the employment of a foreign national staying in the country unlawfully or for enabling a breach of the conditions for a foreign national’s employment in Estonia. A further exclusion ground applies where awarding the contract to the bidder would breach an international sanction or a sanction imposed by the Government of Estonia. The bidder must confirm that this sanctions-related ground does not apply. The contracting authority may request further information or evidence if it has justified doubts.
Qualification criteria and exclusion grounds
The bidder’s total net turnover must have been at least EUR 100,000 in each of the last three financial years completed by the start of this procurement. For a business operating for a shorter period, the relevant period depends on its date of establishment or commencement of business.
The works must be carried out with a site manager holding a Level 6 construction engineer qualification and/or a Level 6 construction manager qualification, specialising in building construction with competence in managing construction activities. The bidder must submit the specialist table (Form I) and evidence of the site manager’s qualification, such as a professional certificate, certificate of qualification or extract from the professional register.
The bid must comply with the tender documents and must be unconditional. The price must follow the prescribed structure, and the unit-price schedule (Annex 3 to the tender documents) must be submitted. If an equivalent solution is offered, the bidder must explain its equivalence and provide supporting evidence.
For a joint bid, the joint bidders must appoint an authorised representative from among themselves and submit a power of attorney. The bidder must identify information in the bid that it considers a trade secret and justify that designation; the bid price and figures relating to the award criteria may not be designated as trade secrets. The bidder must also provide the names and personal identification numbers or dates of birth of persons authorised to represent, make decisions for or control the business in connection with the contract, if those persons are not shown in the Commercial Register or an equivalent register extract. Alternatively, the bidder may confirm that it has no such persons.
The bidder must confirm that it will not use a subcontractor during contract performance who would have to be replaced under § 122(7) of the Public Procurement Act. Subcontractors and suppliers may not account for more than 10% of the contract value if they are Russian citizens, residents or entities established in Russia; are more than 50% directly or indirectly owned by such persons or entities; or act as their representative or on their instructions. The bidder must also confirm that the goods offered are not subject to international sanctions and do not originate from a sanctioned region.
The information provided does not specify the award criteria in detail; check the tender documents for them.