Compliance requirements
The bidder must confirm that neither the company nor its management or supervisory board members, representatives or controlling persons 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 illegal use of child labour or other forms of human trafficking. Where applicable, the bidder must provide details of the conviction and describe measures taken to restore its reliability. The exclusion ground may also cover an ongoing exclusion obligation imposed by a court.
The bidder must not have outstanding tax or social security payment debts. The threshold specified for this condition is EUR 0, although in Estonia a tax debt certificate is not issued where the debt administered by the same tax authority is below EUR 100 or payment has been deferred. Obligations must have been paid or covered by a binding settlement, including interest and late-payment charges where applicable.
The bidder must confirm that awarding the contract would not breach international or Estonian sanctions and that it has not enabled an unlawfully staying foreign national to work. First-tier subcontractors will be checked; second-tier and subsequent subcontractors are not checked under these conditions and are not required to submit a European Single Procurement Document. The bidder may not use a subcontractor that would have to be replaced under the applicable procurement rules. In addition, subcontractors or suppliers accounting for more than 10% of the contract value may not be Russian citizens, residents or entities established in Russia, nor entities owned or controlled by such persons.
Qualification criteria and exclusion grounds
The bidder must have a responsible specialist with the qualification required for performing the construction works and an appropriate legal relationship within the meaning of Section 36 of the Estonian Earthworks Act or an equivalent law of another country. The bidder must provide the specialist’s details, profession, qualification and experience and, when requested, a professional qualification certificate, competence certificate, operating licence or equivalent document. For a specialist qualified abroad, a copy of an operating licence issued in the specialist’s country of residence or other proof of the right to perform the relevant work must be submitted.
During the 60 months preceding the start of the procurement procedure, the bidder must have completed, as the main contractor or as a subcontractor performing or organising all construction works, at least one complete construction or reconstruction of a culvert located within the regulated network of a land improvement system and registered in the relevant register, with a diameter of at least 1,600 mm. The contract details must be provided in the European Single Procurement Document. Upon request, the bidder must submit a list of at least one qualifying contract using the contracting authority’s form and confirmation from the client or main contractor that the work was properly performed and stating the bidder’s role. If relying on another entity’s resources, the bidder must provide that entity’s details and consent using the contracting authority’s form.
The tender must include the required price form and a EUR 650.00 tender guarantee issued by a credit or financial institution or an insurer, or provided by depositing the amount. The guarantee must remain valid at least until the end of the tender validity period. The tender must accept all procurement document conditions; conditional tenders are not permitted. The bidder must confirm compliance with the procurement documents and, where necessary, provide evidence explaining equivalence. The bidder must also confirm compliance with the contracting authority’s environmental requirements for forestry work, provide a justified statement of any trade secrets, and confirm that employees have been informed about labour rights, occupational health, occupational diseases, labour disputes and complaints procedures.