Compliance requirements
The bidder may be excluded if it or a person with management, supervisory or representative authority has a relevant final conviction within the last five years, including for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or human trafficking. Grounds also include failure to pay taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation or comparable circumstances; suspended business activity; serious professional misconduct; agreements intended to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement that creates an advantage which cannot otherwise be neutralised; and serious or repeated failures under previous public contracts resulting in early termination, damages or comparable sanctions.
A bidder may also be excluded for false or misleading information, withholding required information or documents, failure to provide requested supporting documents, or improperly seeking confidential information or influencing the procurement decision. National grounds include enabling a foreign national to work without legal grounds, being subject to an international sanction that would make the contract unlawful, and conviction of the bidder or a relevant representative for tax offences. For tax arrears in Estonia, the notice explains that a tax-debt certificate is not issued where the arrears are below EUR 100 or payment has been rescheduled; foreign bidders are subject to the rules of their country of establishment.
Qualification criteria and exclusion grounds
The bidder’s annual net turnover in road construction must have been at least EUR 440,000 in each of the last three financial years. During the 60 months preceding the start of the procurement, the bidder must have properly completed at least five road construction works with asphalt concrete surfacing, each covering at least 2,000 m². Submit confirmations signed by the clients for these works.
The bidder must engage directly a project manager who will lead the works. The project manager must hold at least Road Engineer, Level 6, specialising in Road Construction and Maintenance, with the selected competence in Construction Activity Management or Construction Management, or an equivalent qualification at EQF level 6. The project manager must have at least two years’ experience as a construction project manager. Submit the completed project manager form and the bidder’s participation statement using the buyer’s forms; provide evidence of equivalence where applicable.
The bid must comply with the tender documents and must not be conditional. Submit the price using the buyer’s prescribed price table and structure, entering unit prices to the nearest euro cent. A price of zero is not permitted, and the table must not otherwise be altered. Where equivalence is offered for a specified standard, technical reference, product or other requirement, explain the equivalence and provide supporting evidence.
For a joint bid, appoint an authorised representative and submit a power of attorney; joint bidders are jointly and severally liable for contract performance. Confirm that no subcontractor subject to replacement under the applicable rules will be used. The tender documents also require a declaration identifying any trade secrets and explaining their designation; bid prices and specified evaluation-related figures may not be classified as trade secrets. During contract performance, first-tier and subsequent-tier subcontractors are subject to checks and must submit a European Single Procurement Document. The bidder must also provide the required confirmation concerning international sanctions applicable to the goods offered.