Compliance requirements
A bidder may be excluded if it or a person with powers of representation, decision-making or control has a relevant final criminal conviction from the past five years, or remains subject to an exclusion period. The grounds include participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking, and the specified tax offences. Where legally permitted for this procurement, the bidder may provide evidence of measures taken to restore its reliability.
Exclusion may also apply for unpaid taxes or social security contributions. The notice sets the threshold at EUR 0; under the stated Estonian tax rules, a tax debt of less than EUR 100, excluding interest not established by an administrative act, is not treated as such for issuing a tax-debt certificate, and a debt whose payment has been rescheduled is treated according to the applicable rules. Other grounds include breaches of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation or similar circumstances; serious professional misconduct; agreements intended to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement where an advantage cannot otherwise be remedied; serious or persistent breach of a previous contract resulting in early termination, damages or comparable sanctions; false or misleading information, withholding required information or documents, or improperly seeking confidential information; enabling unlawful employment of a foreign national; being subject to international sanctions; and tax-related criminal convictions. A restriction on participation based on the bidder’s place of establishment applies where provided for in the tender documents.
Qualification criteria and exclusion grounds
The bidder’s net turnover for the last financial year completed by the start of the procurement must be at least EUR 75,000. Joint bidders may aggregate their turnover. At the contracting authority’s request, the bidder must provide an extract from its annual report or other evidence of turnover if the information is not publicly available to the authority. If relying on another entity’s turnover, the bidder must provide that entity’s ESPD and, upon request, its consent. That entity must make financial resources available for contract performance if needed and is jointly and severally liable with the bidder for the part of the contract supported by its turnover.
During the 60 months preceding the start of the procurement, the bidder must have properly completed at least one construction or reconstruction contract involving a building ventilation system. At the authority’s request, the bidder must provide the client’s confirmation of the works, the contract completion period and proper performance. If relying on another entity’s technical or professional capacity, the bidder must provide its ESPD and, upon request, its consent; that entity must participate directly in performing at least the part of the contract for which its capacity is relied upon.
The bidder must confirm acceptance of the contract notice and procurement-document conditions, submit an offer covering all requested matters, and not use a subcontractor that must be replaced under the applicable rules. The offer must include the fully completed price breakdown in Excel format: every payment item must be priced in euros to two decimal places, and the specified work descriptions and other supplied information must not be changed. The offer must comply with the procurement documents; if an equivalent solution is offered, its equivalence must be explained and supported with evidence. The bidder must confirm that the goods offered are not subject to international sanctions and do not originate from a sanctioned region.
For a joint bid, a separate ESPD is required for each joint bidder, together with a signed power of attorney appointing their representative. The bidder must provide the names and personal identification codes of persons empowered to represent, make decisions for or control it who are not shown in the commercial register or equivalent register, or confirm that there are no such persons. Any information designated as a trade secret must be justified; the bid price and indicators used in evaluation may not be designated as trade secrets. The supplied documents do not specify the award criteria.