Ordering development and maintenance services for Drupal-based websites

Exclusion grounds include final convictions within the preceding five years, or a continuing exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and child labour or other forms of human trafficking. The grounds also cover breaches of tax or social security contribution obligations; environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation or comparable proceedings; suspension of business; serious professional misconduct; agreements intended to distort competition; unmanageable conflicts of interest; involvement in preparing this procurement where it creates an unremediable competitive advantage; and significant or repeated failures under previous public contracts, including early termination, damages or comparable sanctions. A bidder may also be excluded for false or misleading information, withholding required information or documents, seeking confidential information to gain an improper advantage, enabling the unlawful employment of a foreign national, being subject to an international sanction, or convictions for tax offences. The grounds may concern the bidder and relevant members of its management, supervisory or administrative bodies, or persons authorised to represent, control or make decisions for it. For tax arrears, the notice states a threshold of EUR 0 and notes that tax arrears below EUR 100, excluding certain undetermined interest, or arrears whose payment has been rescheduled, do not result in a tax-debt certificate under the applicable Estonian rules. First-tier subcontractors are also checked for exclusion grounds during contract performance.

The bidder must submit a European Single Procurement Document (ESPD); this requirement also applies to each joint bidder and to entities whose technical or professional capacity is relied upon. The successful bidder must provide supporting documents on request. The bidder must have completed at least two contracts during the 36 months preceding the start of the procurement procedure. Each contract must have a value of at least EUR 50,000 excluding VAT and cover Drupal-based software development and/or maintenance services. For a reference framework agreement, the values of contracts performed under it may be added together. The ESPD must list the contracts, their values, dates and counterparties, and, where applicable, the procurement reference number. The contracting authority may seek confirmation from the counterparties if the information is not publicly available. The bidder must use a quality manual or another document or guide describing the quality assurance of its software development. The ESPD must describe the technical resources and measures used to assure, monitor and analyse work quality, or refer to the relevant quality document or guide. The bidder must also have averaged at least 10 employees, management-board members or other contract-based personnel working in software development and/or maintenance during the three years preceding the start of the procedure, and must report their numbers in the ESPD. The tender must be unconditional and confirm compliance with the procurement documents. The price submission must follow the specified price schedule and state the uniform hourly rate for development and maintenance services and the total price of the first contract, in euros excluding VAT to two decimal places. The tender must also include CVs in the prescribed forms for the project manager, two programmers, an analyst and a tester, and a project plan for the first contract in accordance with technical specification clause 1.1.3.15. The bidder must confirm compliance with environmental requirements, including primarily providing deliverables digitally, keeping digital files to an appropriate size and deleting unnecessary drafts and working files promptly. Where subcontractors are used, the tender must state their names and the share, size and nature of the work to be subcontracted; the contracting authority must be informed before engaging unnamed subcontractors for a significant part of the framework agreement. Joint bidders must appoint an authorised representative and submit an authorisation confirming joint and several responsibility. The tender must also provide the framework-agreement signatory’s name and authority, and the contract-performance contact’s details. The bidder must identify and justify any claimed trade secrets; prices and other numerical evaluation figures may not be designated as trade secrets. Any claimed equivalence must be explained and supported with evidence. Participation is restricted for entities based in Russia or Belarus, including entities whose capacity the bidder relies on.