Compliance requirements
The bidder must confirm that neither the bidder, its management or supervisory board members, nor its 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 use of child labour or other forms of human trafficking. The bidder must also not have breaches concerning the payment of taxes or social security contributions, bankruptcy, insolvency or liquidation proceedings, assets administered by a liquidator or court, suspended business activities, serious professional misconduct, anti-competitive agreements, an unresolved conflict of interest, or a material breach of a previous public contract resulting in early termination, damages or a comparable sanction. The bidder must not submit false information, omit required information or documents, improperly influence the contracting authority's decisions, or seek confidential information. National exclusion grounds also cover sanctions-related restrictions, enabling an unlawfully staying foreign national to work, and convictions for tax offences. For tax or social security payment breaches, a tax authority may not issue a debt certificate where the debt is below EUR 100 or payment has been deferred. Where an exclusion ground applies, remedial measures demonstrating restored reliability may be submitted where permitted by the tender conditions.
Qualification criteria and exclusion grounds
The bidder's net turnover in the last financial year completed by the start of the procurement must be at least EUR 1,300,000. Joint bidders may aggregate their turnover. The turnover must be stated in the ESPD and, upon request, evidenced by an extract from the annual accounts or another document. If the bidder relies on another entity's turnover, it must submit that entity's ESPD and the required consent. The supporting entity is jointly and severally liable with the bidder for the relevant part of the contract and must provide financial resources where necessary.
Within the 60 months preceding the start of the procurement, the bidder must have properly completed at least one public road construction works contract involving the installation of at least 35,000 m² of the upper asphalt-concrete layer. The bidder must provide a list of the works and, upon request, a client confirmation stating the contract period, the installed surface area and proper completion. 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 relied upon, and the relevant consent must be submitted.
The bidder must confirm acceptance of all conditions in the contract notice and tender documents, submit a tender covering the requested scope, and not use a subcontractor who would have to be replaced under the applicable law. All payment items in the HD IV cost schedule must be completed; the listed items, names, work descriptions, parameters, units, quantities and other prescribed data may not be changed or deleted. The cost schedule totals must be stated in euros to two decimal places and submitted as a fully completed Excel file. The tender must identify any trade secrets and explain the designation, or state that it contains no trade secrets. For a joint tender, a power of attorney for the representative and a separate ESPD for each joint bidder are required. The bidder must also provide the names and personal identification codes of authorised persons not visible in the commercial register, or confirm that no such persons exist, and confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions.