Compliance requirements
The tenderer must confirm that none of the exclusion grounds under Public Procurement Act § 95(1) points 1–5 apply. In practical terms, this means no relevant convictions for corruption, fraud, terrorism-related offences, money laundering or financing terrorism; no convictions for illegal employment of foreigners or violating foreign workers’ conditions, including paying below the statutory wage; no convictions for illegal use of child labour or human trafficking; no tax, environmental charge, social security or similar arrears in the home country; and no conflict with international or Government of the Republic sanctions. The machine-readable notice did not include any more precise exclusion requirements; they must be checked in the official tender documents.
Qualification criteria and exclusion grounds
The bidder must be entered in the commercial register of its country of establishment, if this is required under that country’s law. An Estonian bidder does not need to submit a register extract, but a foreign bidder must provide appropriate evidence of registration.
The bidder and/or its subcontractor must have performed at least 1 similar contract within the 60 months before the start of the procurement, related to the installation and/or replacement of a lifting gate. Form 2, the list of contracts, must be submitted with the contract name, short description, performance period and the other contracting party. If the bidder relies on a subcontractor, that subcontractor must also be added to the subcontractors table.
The bidder and/or its subcontractor must have qualified responsible persons for the works. At minimum, the following are required:
- a person supervising electrical works with a B-class competence certificate or equivalent or better;
- a construction manager with professional qualification Construction Manager, level 6, specialising in general construction work, or equivalent or better.
Form 3, the list of responsible specialists, and copies of documents proving competence must be submitted. A foreign bidder that does not have the relevant documents issued in Estonia must submit copies of the documents issued under the laws of its country of establishment and a confirmation that it will submit, within one month after signing the contract, the confirmation issued by the Consumer Protection and Technical Regulatory Authority regarding the above-mentioned responsible person’s qualification and competence.
The tender must be submitted according to the required structure in Form 1, the tender form. The tender must comply with the procurement documents and, where necessary, include an explanation of equivalence and evidence of equivalence. The bidder must also provide a short description and/or product sheet of the offered lifting gate so that the contracting authority can verify compliance.