Compliance requirements
The bidder and its representatives must not have been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, child labour or human trafficking offences. The bidder must also have no outstanding tax or social security payment obligations, except where permitted by law.
The bidder must not have breached applicable environmental, social or labour law, be bankrupt, undergoing liquidation or insolvency proceedings, be in a comparable insolvency situation, or have suspended business activities. Exclusion may also apply for serious professional misconduct, anti-competitive agreements, an unresolved conflict of interest, an unfair advantage gained through involvement in preparing the procurement, significant or repeated breaches of previous public contracts, or the submission of false information or failure to provide required documents.
The contracting authority will also check breaches concerning the employment of unlawfully residing foreign nationals, compliance with international sanctions, convictions for tax offences and legal restrictions on participation in the procurement. The bidder must provide the relevant declarations in the ESPD and, where applicable, describe the breach, provide evidence and explain remedial measures taken to restore reliability. For a joint bid, each joint bidder must submit a separate ESPD and a power of attorney; the bidder must also provide details of authorised persons who are not visible in the commercial register, or confirm that no such persons exist.
Qualification criteria and exclusion grounds
The bidder's net sales in the last financial year completed by the start of the procurement must be at least EUR 30,000. Joint bidders may add their turnover figures together. At the contracting authority's request, the bidder must provide an extract from the annual report or another document proving the turnover, unless the information is publicly available to the authority from a public register. If the bidder relies on another entity's turnover, it must submit that entity's ESPD and the required undertaking; the supporting entity is jointly and severally liable with the bidder for the relevant part of the contract.
During the 36 months preceding the start of the procurement, the bidder must have properly completed at least one contract worth at least EUR 30,000 excluding VAT. The contract must have concerned the design, at least at detailed design stage, of a navigational aid or a port facility such as a quay, bridge, mole or breakwater. The reference list must include the contract description, value, dates, client and the bidder's area of responsibility. At the contracting authority's request, the bidder must provide the client's confirmation of proper completion, the performance period and the value excluding VAT. If the bidder relies on another entity's technical or professional capacity, that entity must participate directly in performing at least the part for which its capacity is relied upon.
The bidder must confirm acceptance of all conditions set out in the contract notice and tender documents and submit the bid using the required price structure. The bid must identify any trade secret and justify that designation, or confirm that it contains no trade secrets. A person meeting the requirements set out in the draft contract must participate in contract performance; that person's details must be submitted to the contracting authority after the contract is signed.