Compliance requirements
A tenderer may be excluded if it, or a person on its management, supervisory or control body or authorised to represent or control it, has a relevant conviction within the previous five years or remains subject to an exclusion period for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or child labour and human trafficking. Other grounds include unpaid taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation or comparable situations; suspension of business; serious professional misconduct; agreements distorting competition; an unmanageable conflict of interest; involvement in preparing the procurement that creates an advantage which cannot otherwise be prevented; and serious or repeated breaches of previous contracts resulting in early termination, damages or comparable sanctions. Exclusion may also apply for false or misleading information, failure to provide required information or documents, improper attempts to influence the procedure or obtain confidential information, enabling unlawful employment of a foreign national, being subject to international sanctions, tax offences, or not being entitled to participate under any restriction set in the tender documents. Where permitted, the tenderer may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The tenderer’s net turnover in its latest financial year completed by the start of the procurement must be at least EUR 95,000. Joint tenderers may aggregate their turnover. The tenderer must provide turnover information in the ESPD and, if requested, an extract from the annual report or other evidence; this is not required from an Estonian-registered tenderer where the information is publicly available to the contracting authority. If relying on another entity’s turnover, the tenderer must provide that entity’s ESPD and, if requested, its consent confirming the provision of financial resources and joint and several liability for the relevant part of the contract.
During the 60 months preceding the start of the procurement, the tenderer must have properly completed at least one construction or reconstruction contract involving the construction or reconstruction of a building ventilation system. The tenderer must list the work in the ESPD and, if requested, provide the client’s confirmation of the work performed, its completion period and proper completion. If relying on another entity’s technical capacity, the tenderer must provide that entity’s ESPD and, if requested, its consent; that entity must directly perform at least the part of the contract for which its capacity is relied upon.
The tenderer must confirm acceptance of the contract notice and procurement-document conditions, that its tender covers all matters for which the contracting authority requested competing tenders, and that it will not engage a subcontractor required to be replaced. Every price item in the price breakdown must be completed; the prescribed work descriptions and other supplied information must not be altered or deleted. Prices must be stated in euros to two decimal places, and the completed price breakdown must be submitted as an Excel file. The tenderer must identify and justify any trade secrets; the tender price and figures used to assess the award criteria may not be classified as trade secrets.
For a joint tender, the tenderers must appoint an authorised representative by signed power of attorney and submit a separate ESPD for each joint tenderer. The tenderer must also provide the names and personal identification codes of persons authorised to represent, make decisions for or control the tenderer if they are not apparent from the relevant register, or confirm that there are no such persons. References in the procurement documents to standards or other specifications allow equivalent solutions, but equivalence must be explained and evidenced where applicable. The tenderer must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions. No award criteria are specified.