Compliance requirements
The bidder must confirm that neither the bidder, its management or supervisory body members, nor persons representing or controlling it have received a final conviction within the last five years for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or human trafficking. The bidder must also have no outstanding tax or social security payment obligations. Exclusion may also result from breaches of environmental, social or labour law, bankruptcy or other insolvency proceedings, liquidation, an agreement with creditors, assets administered by a liquidator or court, suspended business activities, serious professional misconduct, anti-competitive agreements, a conflict of interest, involvement in preparing the procurement, a serious breach of a previous public contract, false statements or failure to submit required documents, or improper acquisition of confidential information or influence over the contracting authority. The bidder must additionally confirm that it is not subject to international sanctions and has not enabled an unlawfully staying foreign national to work. Where tax or social security arrears exist, the relevant country and amount must be stated and, where applicable, evidence of payment or a binding settlement agreement must be provided. The required declarations and, where necessary, supporting evidence must be submitted for all exclusion grounds; remedial measures may be described if an exclusion ground applies.
Qualification criteria and exclusion grounds
The bidder must be registered in the Estonian commercial register or in an equivalent official register in its country of establishment, and must provide the registration details and, where required, documentary proof. To demonstrate technical and professional capacity, the bidder must have properly completed at least two contracts for similar works during the 60 months preceding the start of the procurement. Similar works are the construction of roads, streets, or car parks with street lighting. The tender must include a description of the works, their value, the bidder’s area of responsibility, the performance period, and the client’s and contact person’s details. The contracting authority may request confirmations from the clients that the works were properly completed. For contract performance, the bidder must provide a competent site manager who is present on site and holds at least Level 6 road engineering competence in construction activity management or construction management, or an equivalent qualification valid in another country. The bidder must submit the site manager’s details, qualification and experience information, and consent to participate until completion of the contract. The tender must confirm acceptance of the procurement document conditions, include the cost schedule required by Annex 4, and state the tender price in the required structure; conditional tenders are not permitted. Where applicable, equivalence must be explained and supporting evidence attached. Joint bidders must submit a power of attorney. The bidder must identify and justify any trade secrets; the tender price may not be classified as a trade secret. The bidder may not use a subcontractor that would have to be replaced under the law. If the international threshold applies, subcontractors or suppliers performing more than 10% of the contract value may not be Russian nationals, residents, entities established in Russia, or persons owned or controlled by them or acting on their instructions. First-tier subcontractors will be checked and must submit a European Single Procurement Document.