Compliance requirements
The bidder must confirm in the ESPD that neither the bidder, its management or supervisory body members, nor persons authorised to represent, decide for or control the bidder 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 child labour or human trafficking offences. The exclusion grounds also cover breaches of tax or social security payment obligations, enabling an unlawfully staying foreign national to work, breaches of international or Estonian sanctions, and any participation restrictions set out in the tender documents. The bidder must also confirm that taxes and social security contributions have been paid or that a binding payment arrangement is in place. Where an exclusion ground applies, evidence of remedial measures may be submitted for a procurement exceeding the international threshold or where the tender documents allow this. The complete list of all 11 exclusion grounds applicable under Sections 95(1)(1)–(5) and 95(4)(12) of the Public Procurement Act must be checked in the ESPD and tender documents.
Qualification criteria and exclusion grounds
The bidder’s net turnover for the latest financial year completed by the start of the procurement must be at least EUR 20,000. Joint bidders may aggregate their turnover figures. If the bidder relies on another entity’s turnover, that entity’s ESPD must also be submitted and, upon request, the consent required by HD I Form 2a must be provided; the supporting entity is jointly and severally liable with the bidder for the relevant part of the contract.
Within the 36 months preceding the start of the procurement, the bidder must have properly completed at least one design contract for the construction of a publicly used road, with a value of at least EUR 20,000 excluding VAT. The contract must have resulted in a design for the construction of a bridge, viaduct, tunnel or wildlife crossing located on a railway or publicly used road. The ESPD must include the contract description, value, performance period, client details and the bidder’s scope of responsibility. Upon request, the bidder must provide the client’s confirmation of proper performance, the completion period and the length of the relevant structure.
If the bidder relies on another entity’s technical or professional capacity, that entity’s ESPD and, upon request, the consent required by HD I Form 2b must be submitted. The supporting entity must participate directly in contract performance at least to the extent for which its capacity is used.
The bidder must confirm acceptance of the conditions in the contract notice and tender documents. The submission must include a fully completed HD IV work-part handover and payment schedule in Excel format; all work-part prices must be stated in euros to two decimal places, and the file structure, formulas, names, work descriptions and rows must not be altered. For a joint tender, separate ESPDs for all joint bidders and a signed power of attorney must be submitted. The bidder must also provide the names and personal identification codes of authorised persons not visible in the commercial register, or confirm that no such persons exist.