Compliance requirements
A bidder may be excluded if the bidder, a member of its management, administrative or supervisory body, or an authorised representative has 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, unlawful use of child labour or human trafficking, and the exclusion period is still in force.
Additional exclusion grounds may include breaches of tax or social-security payment obligations; breaches of environmental, social or labour law; bankruptcy; insolvency or liquidation proceedings; assets managed by a liquidator or court; suspended business activities; serious professional misconduct; anti-competitive agreements; conflicts of interest; involvement in preparing the procurement that created an advantage; serious breach or early termination of a previous contract; false information; or failure to submit required information and documents. The procedure also checks grounds related to employing a foreign national without a legal basis, international sanctions, tax offences and restrictions on the bidder’s right to participate.
The bidder must declare that no exclusion grounds apply and provide supporting evidence when requested by the contracting authority. In certain cases, the bidder may submit explanations and evidence of measures taken to restore its reliability. First-tier subcontractors will be checked during contract performance; subcontractors are not required to submit a separate procurement passport. The bidder must also confirm that it will not use a subcontractor who would have to be replaced under the law. In addition, the bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions.
Qualification criteria and exclusion grounds
The bidder’s net turnover in its most recently completed financial year at the time the procurement was launched must be at least EUR 900,000. Joint bidders may aggregate their turnover. Turnover details must be provided, and, upon request, an extract from the annual report or another supporting document must be submitted, unless the information is publicly available to the contracting authority from an Estonian register. If the bidder relies on another entity’s turnover, it must provide that entity’s details and consent; the supporting entity will be jointly and severally liable with the bidder for the relevant part of the contract.
During the 60 months preceding the launch of the procurement, the bidder must have properly completed at least one public-road construction contract involving the installation of at least 30,000 m² of the upper asphalt-concrete layer. The bidder must provide a list of the works and, upon request, a confirmation from the client stating that the contract was properly completed, together with the completion period and the installed surface area. If the bidder relies on another entity’s technical and professional capacity, that entity must participate directly in contract performance at least to the extent for which its capacity is used.
The tender must include a fully completed cost schedule in Excel format. All payment-item price fields must be completed, the pre-filled data in the cost schedule may not be amended or deleted, and prices must be stated in euros to two decimal places. The bidder must confirm acceptance of the contract notice and tender-document conditions and provide information on authorised representatives where required. In a joint tender, separate qualification declarations for all joint bidders and an appropriate power of attorney must be submitted.