Compliance requirements
The bidder must confirm that neither the bidder nor its management, administrative or supervisory body members, representatives or persons with control rights have been finally convicted during the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or illegal use of child labour or other forms of human trafficking. The bidder must also have no outstanding tax or social security payment debt, except in the cases permitted by the procurement documents and applicable law.
The bidder must confirm that it is not bankrupt, being liquidated, subject to insolvency or similar proceedings, that its assets are not administered by a liquidator or court, and that its business activities have not been suspended. Exclusion grounds may also include breaches of environmental, social or labour law, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement, serious or repeated breaches of previous public contracts, false statements, failure to provide required information or documents, and improper influence over the contracting authority’s decision-making.
The bidder must additionally confirm that entering into the contract would not breach an international or Estonian sanction and that it has not enabled a foreign national staying in Estonia without a legal basis to work. The threshold for tax and social security payment defaults is EUR 0; among other cases, a tax debt certificate is not issued where the debt administered by the same tax authority is below EUR 100 or payment has been deferred. The bidder must provide the required declarations and, where applicable, evidence and a description of remedial measures. First-tier subcontractors will be checked during contract performance; subcontractors are not required to submit a European Single Procurement Document. The bidder must confirm that it will not engage a subcontractor who would have to be replaced under Section 122(7) of the Estonian Public Procurement Act.
Qualification criteria and exclusion grounds
The procurement has two lots. A tender may be submitted for both lots, and contracts may be awarded to one bidder for a maximum of two lots.
- The bidder must be registered in a commercial register or an equivalent register. For an Estonian bidder, the relevant registration must be verifiable from a public database or a valid registration certificate must be submitted. A foreign bidder must provide a certificate from the competent authority in its country of establishment confirming the required registrations or authorisations; the certificate must have been issued within the 30 days preceding the tender deadline or later.
- For Lot I, the bidder must hold a registration in the Estonian Register of Economic Activities covering construction and the activity type for public water supply or sewerage. For Lot II, the registration must cover construction and the activity type for roads.
- For Lot I, the average annual turnover for the last three financial years completed before the start of the procurement, 1 January 2023 to 31 December 2025, must be at least EUR 500,000. For Lot II, the minimum average annual turnover for the same period is EUR 400,000. The bidder must state the turnover figures in the European Single Procurement Document, and the successful bidder must provide extracts from the financial statements for the three latest completed financial years if the information is not available to the contracting authority from a register.
- For Lot I, the bidder or the consortium as a whole must have completed, during the last 60 months, at least two contracts for constructing or reconstructing public water supply and sewerage pipelines, with at least 1,500 metres of pipeline constructed or reconstructed separately under each contract.
- For Lot II, the bidder or the consortium as a whole must have completed, during the last 60 months, at least two contracts for constructing or reconstructing publicly used roads, with at least 1,000 metres of publicly used road or roads constructed or reconstructed separately under each contract.
- The Lot I team must include a construction project manager and a site manager for public water supply and sewerage facilities. Each must hold at least a level 7 diploma in water supply and sewerage engineering with the required specialisation and construction management competence, or level 6 construction manager qualification with the relevant specialisation, or an equivalent foreign professional certificate. These two key persons may not be combined.
- The Lot II team must include a road construction project manager holding at least level 6 road engineering qualification with road specialisation and construction management competence, or an equivalent professional certificate. A higher-level qualification is permitted.
- Team details must be submitted using Form 4. For a person qualified abroad, a copy of the professional certificate or authorisation, or other evidence of the right to perform the relevant work, must be provided. If a key person is not employed by the bidder, an employer confirmation must be submitted.
- The required forms, bills of quantities and an unconditional tender must be submitted. Where applicable, the bidder must also provide the consortium declaration, subcontractor form, signing authorisation and a confirmation that resources will be made available when relying on another entity’s capacity.
- The tender guarantee is EUR 700 for Lot I and EUR 400 for Lot II. It must be provided as a guarantee from a credit or financial institution or insurer, or by depositing the security with the account designated by the contracting authority.
- The tender must comply with the procurement documents. Where a standard, technical solution, trademark or other reference is used, an equivalent solution is permitted, but its compliance must be justified and evidenced where necessary. Only justified information may be designated as a trade secret; the tender price and construction-work figures affecting evaluation may not be classified as trade secrets.