Compliance requirements
The bidder must confirm that neither the bidder, its management or supervisory board members, nor persons authorised to represent it have been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or human trafficking. The notice also covers breaches of environmental, social and labour-law obligations, bankruptcy or liquidation, insolvency, agreements with creditors, assets administered by a liquidator or court, suspended business activity, serious professional misconduct, anti-competitive agreements, conflicts of interest, prior involvement in preparing the procurement, and serious breaches or early termination of previous contracts. The bidder must not submit false information, fail to provide required information or documents, or improperly seek confidential information. The bidder must confirm that taxes and social security contributions have been paid and that awarding the contract would not breach international or Estonian sanctions. Exclusion grounds also cover enabling an unlawfully staying foreign national to work. The stated threshold for tax or social security debt is EUR 0, while the tax authority does not issue a certificate where tax debt is below EUR 100 or payment has been deferred. Where an exclusion ground exists, the contracting authority may request explanations and evidence of remedial measures.
Qualification criteria and exclusion grounds
The bidder must involve the following responsible qualified persons in contract performance: a road engineer, level 7, responsible for design, and a road engineer, level 6, responsible for construction management. One person may perform more than one role if they meet all applicable competence requirements. Works exceeding the person’s competence limits must be carried out under the guidance and responsibility of a person with the relevant professional qualification. The bidder must provide the responsible persons’ names, qualifications and professional certificate numbers. Upon request, copies of professional certificates and education documents, together with written consent from the persons to participate as responsible personnel, must be submitted. A bidder established outside Estonia must provide an equivalent professional qualification document or relevant confirmation with a reference to the law of its country of establishment. During the 60 months preceding the start of the procurement, the bidder must have properly completed at least two comparable construction contracts, each with a value of at least EUR 130,000 excluding VAT. Comparable contracts are contracts for constructing, reconstructing or restoring pavements of roads, streets or other carriageways and/or footways. For each contract, the bidder must provide the subject matter, contract and completion dates, value excluding VAT, work location, and the client’s name and contact details, together with evidence of proper completion. No precise turnover requirement was stated in the machine-readable notice. The tender must comply with all procurement documents; conditional tenders are not permitted, and the price must be submitted in the prescribed structure and in the separate price table in Annex 2. Joint bidders must provide a power of attorney. The bidder must confirm that it will not involve a subcontractor who would have to be replaced and that any required equivalence explanations and evidence are included with the tender.