Reconstruction of the protective structures of the South Basin at Rohuküla Harbour

The tenderer must confirm that neither it nor its representatives or management and supervisory body members have received a final conviction during the last five years for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, unlawful use of child labour or human trafficking. The exclusion grounds also cover tax or social security payment arrears, breaches of environmental, social or labour law, bankruptcy or insolvency, liquidation, suspended business activity, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement, substantial breaches of previous contracts, and the submission of false information or failure to provide required documents. The tenderer must also not be subject to an international sanctions ground, a breach involving the employment of an illegally staying foreign national, or a restriction on the tenderer’s country of establishment set out in the tender documents. The threshold for tax and social security payment arrears is EUR 0; the tax authority does not issue a tax-debt certificate where the debt is below EUR 100 or payment has been deferred. Where an exclusion ground exists, evidence of remedial measures may be submitted where permitted by the contracting authority. The tenderer must provide the names and personal identification codes of authorised persons not visible in the relevant commercial register, or confirm that there are no such persons, and must submit the required conflict-of-interest and ethics declaration.

Within the 120 months preceding the start of the procurement, the tenderer must have properly performed at least one similar works contract involving the construction or reconstruction of a harbour or coastal protection structure, such as a pier, breakwater or shore reinforcement, with a length of at least 50 linear metres. The tenderer must provide the work description, contract value, scope of responsibility, performance period, and the client’s and contact person’s details. The contracting authority may request a client confirmation or other evidence that the works were properly completed; submitting it with the tender is recommended. If relying on another entity’s capacity, the tenderer must provide that entity’s ESPD, details of the relied-on contract and, upon request, the consent required under Form 3, including confirmation that the other entity will participate directly in performing the contract. The team must include a construction project manager acting as the contractor’s representative and responsible for construction management and contract performance. This person must hold at least a level 7 chartered construction engineer qualification in harbour construction and construction activity management, or an equivalent qualification. Evidence of the qualification must be submitted and, where applicable, the project manager’s signed participation confirmation or a foreign-issued licence, certificate, diploma or other equivalent evidence of entitlement must be provided. The tender must be unconditional and comply with the tender documents. The tender price must follow the prescribed structure, and a fully completed bill of quantities must be submitted as a spreadsheet file. All unit prices must be stated to the nearest cent, and the descriptions, units, quantities or calculation formulas in the bill of quantities may not be changed. Any equivalence must be explained and evidenced where necessary. If the tender is submitted by an authorised person, proof of authority or the Form 1 power of attorney must be provided; in a joint tender, a Form 2 power of attorney signed by all joint tenderers is required. The conflict-of-interest and ethics declaration must also be submitted, together with a justification for any information claimed as a trade secret. The names, contact details and legal representative information of first-tier subcontractors must be provided no later than the start of contract performance. Subcontractors or suppliers covered by the Russian sanctions regime may not account for more than 10% of the contract value.