Compliance requirements
The tenderer and its relevant management, supervisory or representative persons must not have applicable convictions within the last five years, or an active exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour and human trafficking. Grounds also include unpaid taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation or comparable situations; suspension of business; serious professional misconduct; anti-competitive agreements; unmanageable conflicts of interest; involvement in preparing the procurement where this creates an unremediable competitive advantage; serious or repeated failures under previous contracts resulting in termination, damages or penalties; and false or misleading information, failure to provide required information or documents, or attempts to obtain confidential information improperly.
National grounds include enabling a foreign national to work unlawfully or in breach of applicable employment conditions, being subject to an international sanction, and conviction for tax offences. The tender documents may also provide for exclusion due to local tax arrears owed in the contracting authority’s area or restrictions on who may participate based on place of establishment. For tax and social security debts, the stated threshold is EUR 0; however, under Estonian rules a tax-debt certificate is not issued where the relevant tax debt is below EUR 100 or payment has been deferred. Where permitted, the tenderer may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The tenderer’s average net turnover for the last three completed financial years as of the start of the procurement (2023–2025) must be at least EUR 500,000. The tenderer must identify the person responsible for managing the construction works. That person must hold at least the professional qualification “Chartered Road Engineer, EstQF/EQF level 7” (excluding an initial qualification), specialising in road construction and maintenance/roads, with the selected competence of construction activity management, or an equivalent qualification. The contracting authority may request supporting qualification documents.
The tenderer must have an ISO 9001 quality management system, or an equivalent certified system, covering construction works, and an ISO 14001 environmental management system, or an equivalent certified system, for construction works. Valid certificates may be requested; equivalent evidence may be accepted where the tender documents allow it.
The tender must accept all tender-document conditions and must not be conditional. Prices must follow the specified pricing structure and give unit prices in euros, excluding VAT, to two decimal places. Unit prices must include all costs of the works; zero or negative prices are not permitted. The tenderer must confirm that no subcontractor subject to replacement on exclusion grounds will be used. If subcontractors are used, their names, contact details, legal representatives, scope of subcontracted work and percentage share must be provided by the contract commencement deadline, at the latest, when requested. Joint tenderers must submit an authorisation appointing their representative and state each member’s share and type of work where they rely on one another’s capacities. The tenderer must identify any confidential information in the tender and justify its designation. The tenderer must provide names and personal identification codes of authorised persons not identifiable from the commercial register, or confirm that there are no such persons. No specific award criteria or scoring details are stated in the supplied documents.