Compliance requirements
The tenderer must confirm that neither it nor its management, supervisory or authorised representatives are subject to exclusion grounds, including final convictions within the last five years or an ongoing exclusion period for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or other forms of trafficking in human beings. The tenderer must also confirm compliance with tax and social security payment obligations, environmental, social and labour law obligations, insolvency and bankruptcy rules, professional conduct requirements, competition rules, conflict-of-interest requirements and restrictions related to prior procurement involvement or serious contract breaches. False information, failure to provide required information or documents, unlawful attempts to influence the procedure and obtaining confidential information are also exclusion grounds. The tenderer must additionally confirm that it is not subject to the national exclusion grounds concerning unlawful employment of foreign nationals or international sanctions. Tax and social security arrears are assessed with a threshold of EUR 0; under the stated national tax rules, a tax certificate is not issued where the debt is below EUR 100 or payment has been rescheduled. Where permitted, the tenderer may provide evidence of remedial measures demonstrating restored reliability. The first-tier subcontractors used during contract performance are checked for the applicable exclusion grounds, and a subcontractor with a relevant ground may have to be replaced.
Qualification criteria and exclusion grounds
The tenderer’s construction-sector net turnover must have been at least EUR 20,000,000 in each of the last three financial years completed before the start of the procurement. If the information is not available through a public database, the tenderer must provide the relevant annual accounts or extracts at the contracting authority’s request. The tenderer must provide a tender guarantee of EUR 50,000, either as a guarantee issued by a credit or financial institution or insurer, or by depositing the amount into the contracting authority’s specified account. The guarantee must remain valid at least until the end of the minimum tender validity period and must be extended or replaced if the tender validity period is extended. The tender must include confirmation that, before the real right agreements establishing the building rights are signed, the tenderer will obtain construction all-risk insurance and construction civil liability insurance at its own expense and submit copies of the policies. The property-damage cover under the construction all-risk policy must be at least equal to the concession contract price, and the personal- and property-damage cover under the civil liability policy must be at least 10% of the total concession contract value including VAT. Before those agreements are signed, the tenderer must also provide an unconditional, non-accessory, first-demand bank guarantee for the construction-period security in the amount of EUR 400,000, issued by an eligible credit institution. The tender must include the completed price schedule and works certificate template. The tenderer must submit one total offer for the building-right establishment fee, combining the fees for building rights I and II; the initial amount is EUR 36,465. Conditional tenders are not permitted, and the tenderer must confirm compliance with all procurement documents and the required pricing structure. Joint tenderers must provide a power of attorney for their authorised representative. If subcontractors are used, the tender must include the known subcontractor information in the required form and a signed confirmation for each subcontractor. The tenderer must not use a subcontractor that is subject to replacement under the applicable procurement rules and must not involve Russian-linked subcontractors or suppliers for more than 10% of the contract value under the stated sanctions restriction.