Compliance requirements
The bidder must confirm that neither the company nor its management or supervisory board members, procurist or authorised representatives 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 the unlawful use of child labour or trafficking in human beings. The bidder must also have no tax or social security payment arrears.
The exclusion grounds also cover breaches of environmental, social or labour law obligations; bankruptcy, liquidation or another insolvency situation; assets managed by a liquidator or court; suspended business activity; serious professional misconduct; anti-competitive agreements; conflicts of interest; prohibited involvement in preparing the procurement; and early termination, damages or sanctions resulting from a material breach of a previous public contract. False information, failure to provide required information or documents, and improper influence on the contracting authority's decision-making may also lead to exclusion.
National grounds additionally concern employing a foreign national without a legal basis, international sanctions and convictions for tax offences. Where an exclusion ground applies, the bidder may in certain cases provide evidence of remedial measures restoring its reliability. During contract performance, first-tier subcontractors will be checked for similar exclusion grounds; subcontractors are not required to submit a separate ESPD.
Qualification criteria and exclusion grounds
Within the 60 months preceding the start of the procurement, the bidder must have completed, as the main contractor or as a subcontractor responsible for or organising all construction works, at least one relevant construction contract or a set of contracts meeting one of the following alternatives.
Alternative 1: complete construction or reconstruction of at least 375 km of drainage ditches, at least 120 culverts with a diameter of at least 400 mm, and at least 14 km or 65,000 m² of eligible roads located in or serving a land improvement system. The roads may be registered roads serving a land improvement system, public roads or forest roads.
Alternative 2: complete renewal or maintenance of a land improvement system, including restoration of at least 125 km of ditches with clearing of vegetation, flow obstructions and sediment from banks, waterways and sediment basins; maintenance of at least 700 culverts with a diameter of at least 400 mm; and construction or reconstruction of at least 14 km or 65,000 m² of eligible roads.
The bidder must provide the relevant contract details in the ESPD. Upon request, it must submit the list of contracts using Form 2 of Annex 5 and confirmation from each client or relevant main contractor that the work was properly completed. If the bidder relies on another entity's capacity, it must provide that entity's details and consent using Form 3 of Annex 5.
The bidder must have a responsible specialist with the required competence for the land improvement works and an appropriate legal relationship with that specialist, or the self-employed bidder must act as the responsible specialist itself. The responsible person's details and proof of professional qualification or competence must be provided. For a foreign specialist, a copy of an authorisation or other document issued in the country of establishment must be submitted if the specialist does not hold the qualification or competence certificate required in Estonia.
The tender must include the price offer form, the required ESPD information and, where applicable, a power of attorney for a consortium and subcontractor details. For known subcontractors, the bidder must provide their names, contact details, information about legal representatives, and the size and nature of the subcontracted work.