Compliance requirements
Exclusion grounds include convictions within the previous five years, or an exclusion period still in force, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and child labour or human trafficking. They also cover unpaid taxes or social security contributions; tax or social security debt below EUR 100 is treated under the stated threshold rules, including where payment has been deferred. Other grounds include bankruptcy, insolvency or liquidation proceedings, an arrangement with creditors, assets managed by a liquidator or court, suspended business activity, serious professional misconduct, agreements intended to distort competition, false or misleading information, failure to provide required information or documents, improper attempts to influence the procurement or obtain confidential information, and certain comparable situations under national law. National grounds also include enabling the unlawful employment of a foreign national, being subject to an international sanction, tax-related offences, and restrictions on participation based on the bidder’s country of establishment. Where permitted for this procurement, a bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder must be registered in the business register of its country of establishment or an equivalent register. The contracting authority will check Estonian registrations itself. A bidder registered abroad must provide a reference to the competent register or a suitably apostilled or legalised certificate no more than one month old on the bid submission date.
During the 60 months before the procurement began, the bidder must have completed at least three qualifying design contracts: at least one main or detailed design contract for a settlement’s water supply and/or sewerage network; at least one main or detailed design contract for constructing and/or reconstructing a wastewater treatment plant; and at least one main or detailed design contract for constructing and/or reconstructing a water treatment plant. The bidder must list the contracts in the ESPD and, if requested, provide evidence that the work was properly performed.
The person responsible for design work (project manager) must hold at least a level 7 certified water supply and sewerage engineer qualification, or an equivalent European Qualifications Framework qualification, specialising in external water supply and sewerage and competent to prepare designs for those systems. The bidder must provide the project manager’s details in the ESPD and, if requested, evidence of the qualification; the person may be employed by the bidder or engaged as a subcontractor.
The bid must comply with the procurement documents and may not be conditional. Joint bidders must appoint an authorised representative and provide the power of attorney. The bid price must follow the structure specified in the pricing schedule. The bidder must identify and justify any trade secrets, but may not classify the bid price or other specified evaluation-related figures as trade secrets. Where the bid relies on an equivalent solution, the equivalence must be explained and supporting evidence provided when needed.