Compliance requirements
The bidder may be excluded if the bidder or relevant representatives have, 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 grounds also include tax or social security payment defaults; bankruptcy, insolvency, liquidation or comparable proceedings; assets managed by a liquidator or court; or suspended business activity.
Other grounds include serious professional misconduct; breaches of environmental, social or labour obligations; agreements with other businesses intended to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement that creates an unavoidable competitive advantage; significant or persistent failures under previous public contracts resulting in early termination, damages or comparable sanctions; and submitting false or misleading information, withholding required information or documents, or improperly obtaining confidential information. National grounds also cover enabling a foreign national to work without legal grounds, entering into a contract in breach of international or national sanctions, and convictions for tax offences. Where applicable, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must have completed, during the 36 months preceding the start of the procurement, at least one contract for the sale of polyethylene floating navigation marks suitable for use in ice conditions, meeting or closely resembling the requirements in the technical specification. The completed contract or contracts must have a combined value of at least EUR 60,000 excluding VAT. A contract may have started earlier, but must have been completed within that 36-month period. The bidder must provide details of the contract or contracts, including their value, dates and the other contracting party.
As of the bid submission date, the bidder must operate a quality management system based on ISO 9001:2015 or an equivalent standard, and an environmental management system based on ISO 14001:2015 or an equivalent standard. Evidence from an independent body is required for both systems.
The bid must include the buoy manufacturer’s name and country of establishment, manufacturer-issued technical specifications, and descriptions of the materials and manufacturing technology, with sufficient detail to assess compliance with the technical specification. The bidder must provide evidence that the buoys were manufactured in Estonia, another EU Member State, an EEA contracting state or a country party to the WTO Government Procurement Agreement. The bidder must also confirm that its place of residence or establishment is in one of those countries.
By submitting a bid, the bidder accepts all tender-document requirements; conditional bids are not permitted. If bidding jointly, the bidders must appoint an authorised representative and submit their power of attorney. The bidder must identify any trade secrets and explain their designation, or state that the bid contains none. Where an equivalent product or evidence is offered, the equivalence must be explained and supporting evidence included. The bidder must confirm that the goods are not subject to international sanctions and do not originate from sanctioned regions, and provide the names and personal identification codes of authorised persons not identifiable from the commercial register, or confirm that there are none. No award criteria are specified in the provided documents.