Compliance requirements
The bidder must confirm that it, its management or supervisory board members, representatives and controlling persons have not, during the last five years, been finally convicted of participation in a criminal organisation, corruption, fraud, terrorism, money laundering, terrorist financing, child labour or human trafficking offences. Where applicable, the bidder must describe measures taken to restore its reliability and provide supporting evidence.
Possible exclusion grounds also include unpaid taxes or social security contributions, breaches of environmental, social or labour-law obligations, bankruptcy, liquidation or other insolvency proceedings, an agreement with creditors, assets being administered by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, an unresolved conflict of interest, a material breach of a previous public contract, the submission of false information, or failure to provide required information or documents.
The bidder must also confirm that it has not allowed an unlawfully staying foreign national to work, that awarding the contract would not breach international or Estonian sanctions, and that it will not use a subcontractor that is subject to mandatory replacement because of an exclusion ground. The required confirmations concerning taxes, anti-corruption measures, Russian and Belarusian connections, and sanctions must be submitted.
Qualification criteria and exclusion grounds
- The bidder must have relevant annual turnover in the construction works sector of at least EUR 200,000 over the last three financial years.
- The bidder must have completed at least one significant construction contract meeting the contracting authority’s specified characteristics within the 60 months preceding the commencement of the procurement. The submission must include the work description, value, period, the bidder’s area of responsibility, the client and contact details, and evidence that the work was properly performed.
- The team must include at least one responsible construction project manager with higher education in construction, at least three years of experience managing construction works, and experience managing at least one similar construction project. A completed CV in the required format must be submitted, and the same project manager must be identified in the ESPD. If the project manager is not employed directly by the bidder, the bid must include the person’s confirmation of actual participation in contract performance.
- The bidder or its subcontractor must have submitted an economic activity notice in Estonia for the construction activity or hold an equivalent registration or permit under the law of its country of establishment. A bidder or subcontractor established outside Estonia must provide evidence issued by the competent authority. If the bidder relies on a subcontractor’s capacities, that subcontractor must itself perform the relevant part of the contract.
- The bid must comply with the tender documents, be unconditional, and state the price in the structure specified by the contracting authority. Where applicable, equivalence must be explained and supported by evidence.
- In a joint bid, the parties must appoint an authorised representative and submit a power of attorney. Where subcontracting is used, the information required in Annex 4 must be submitted, including the nature of the work or service and the subcontracting share as a percentage. The bidder must also submit the project manager’s CV in the format set out in Annex 5.
- The bidder must confirm compliance with anti-corruption requirements, that neither it nor its subcontractors are established in Russia or Belarus, and that the ownership, representation and subcontracting restrictions related to Russia-related sanctions are observed. Under the sanctions rules, the share of prohibited subcontractors, suppliers or relied-upon entities may not exceed 10% of the contract value.