Compliance requirements
A tenderer may be excluded if it or a person in its management or supervisory bodies has, within the last five years or while an exclusion period remains in force, been convicted of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking. Exclusion may also apply for breaches of tax or social security payment obligations, including tax arrears; breaches of environmental, social or labour law; insolvency, liquidation, bankruptcy, creditor arrangements, suspended business activities or similar circumstances; serious professional misconduct; anti-competitive agreements; an unmanageable conflict of interest; involvement in preparing the procurement where this creates an unavoidable competitive advantage; serious or persistent failures under previous contracts; false or misleading information, withheld information, failure to provide requested documents, or attempts to obtain confidential information or improperly influence the procurement. Further grounds include enabling a person without a legal basis to work in Estonia, being subject to an applicable international or Estonian government sanction, relevant tax-crime convictions, and any applicable restriction based on the tenderer's place of establishment. Where permitted, the tenderer may provide evidence of remedial measures restoring its reliability.
Qualification criteria and exclusion grounds
The tenderer must be registered in the business register of its country of establishment where required by that country's law. The register must be in an EU or EEA country, or in a country that is a party to the WTO Agreement on Government Procurement. The contracting authority may request a valid copy of the registration certificate; tenderers established in Estonia do not need to provide one.
The tenderer must hold a valid activity licence, or an equivalent licence, for the technical maintenance and repair of rolling stock used on public railways or for rail transport. The contracting authority will check the licence in the Register of Economic Activities and may request a copy if it cannot verify the licence there.
The tender must include the participation declaration using Annex 2 and a price offer in euros, following both the structure in the procurement register and the price schedule in Annex 8. All relevant fields in the price schedule must be completed, and the form must not be altered or supplemented. For a joint tender, include a power of attorney for the joint tenderers' representative, signed by all joint tenderers, using Annex 4; the joint tenderers accept joint and several liability. The tenderer must identify and justify any trade secrets in the tender or state that it contains none. The tender must comply with the procurement documents; any proposed equivalent must be explained and supported with evidence. The tenderer must confirm that awarding the contract on the basis of its tender would not breach international or Estonian government sanctions and provide supporting documents if requested.
The notice and documents provided do not specify the award criteria or other financial or experience requirements; these should be checked in the tender documents.