Compliance requirements
The bidder must confirm that it, its management or supervisory board members, representatives and persons with control powers have not, during the last five years, been finally convicted of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the 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 bidder must not have outstanding taxes or social security contributions. The threshold for tax or social security debt is EUR 0, although the tax authority does not issue a debt certificate where the debt is below EUR 100 or payment has been deferred. The bidder must also not be bankrupt, in liquidation, subject to insolvency proceedings, in a similar situation with creditors, have assets administered by a liquidator or court, or have suspended its business activities.
Exclusion may also result from breaches of environmental, social or labour law, a serious breach of professional conduct, an agreement restricting competition, an unresolved conflict of interest, serious or repeated breaches of previous public contracts, the submission of false information or failure to submit required documents, improper influence over the contracting authority’s decision-making, or obtaining confidential information. The checks also cover enabling an unlawfully staying foreign national to work, the applicability of international sanctions, convictions for tax offences and the bidder’s legal right to participate. The bidder must confirm that the goods offered are not subject to international sanctions and do not originate from sanctioned regions. First-tier subcontractors will be checked during contract performance; subcontractors are not required to submit an ESPD.
Qualification criteria and exclusion grounds
The bidder’s net turnover in the last financial year completed before the commencement of the procurement must be at least EUR 1,600,000. Joint bidders may aggregate their turnover figures. Upon request, turnover must be proven by an extract from the annual report or another appropriate document. If the bidder relies on another entity’s resources, it must also submit that entity’s ESPD, the required consent, any necessary turnover evidence, and confirmation that the entity will provide financial resources if needed and assume joint and several liability for the relevant part of the contract.
During the 60 months preceding the commencement of the procurement, the bidder must have properly completed at least one public-road construction contract involving the installation of at least 50,000 m² of the upper asphalt-concrete pavement layer. The bidder must provide a list of the works and, upon request, a client’s confirmation stating the contract completion period, the installed pavement area and proper completion of the contract. If the bidder relies on another entity’s technical and professional capacity, it must submit that entity’s ESPD, consent and confirmation that the entity will participate directly in performing at least the part of the contract for which its capacity is used.
The tender must include a fully completed HD IV cost schedule in Microsoft Excel format. All payment-item prices must be entered in euros to two decimal places, and the predefined items, names, descriptions, parameters, units, quantities or other data in the cost schedule may not be changed or deleted. The bidder must confirm acceptance of the procurement conditions, submit a tender only for the matters requested by the contracting authority and not engage a subcontractor who must be replaced under the applicable law. For a joint tender, a power of attorney and a separate ESPD for each joint bidder are required. The bidder must also provide the details of authorised persons needed for exclusion-ground checks, or confirm that no such persons exist.