Compliance requirements
The bidder must confirm that none of the applicable exclusion grounds exists. These include final convictions within the relevant period for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and the use of child labour or other forms of human trafficking. The bidder must also confirm compliance with tax and social security payment obligations; the notice specifies a zero threshold, while tax debt evidence is not issued in Estonia where the debt is below EUR 100 or payment has been deferred.
Further exclusion grounds cover bankruptcy, insolvency or liquidation proceedings, comparable situations under national law, assets administered by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, conflicts of interest, involvement in preparing the procurement that creates an unfair advantage, and serious or persistent breaches of previous contracts resulting in early termination, damages or comparable sanctions. The bidder may also be excluded for false information, failure to provide required information or documents, attempts to improperly influence the contracting authority, or obtaining confidential information.
National exclusion grounds include being subject to international sanctions, enabling the employment of unlawfully staying foreign nationals, certain convictions for tax offences, and lacking the right to submit a tender under applicable national restrictions. The bidder must provide the required confirmations and, where relevant, details and evidence concerning convictions, tax or social security debts, insolvency, misconduct or other exclusion situations. Where permitted, evidence of remedial measures restoring reliability may be submitted. First-tier subcontractors are checked during contract performance; they do not have to submit a separate European Single Procurement Document. The official tender documents should be checked for the full scope and evidence requirements.
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 850,000. Joint bidders may add their turnover figures. The bidder must provide the turnover information in the European Single Procurement Document and, upon request, submit an extract from the latest annual report or other evidence, unless the information is publicly available to the contracting authority. If the bidder relies on another entity’s financial capacity, that entity must provide the required undertaking and be jointly and severally liable for the relevant part of the contract.
Within the 60 months preceding the start of the procurement, the bidder must have properly completed at least one contract for construction works on a public road involving the installation of at least 20,000 m² of the upper asphalt-concrete pavement layer. The bidder must list the contract and, upon request, provide confirmation from the client stating the performance period, the installed pavement area and that the contract was properly completed. If the bidder relies on another entity’s technical or professional capacity, that entity must participate directly in contract performance at least to the extent corresponding to the relied-upon capacity.
The bidder must accept all conditions in the contract notice and tender documents, submit a tender only for the requested competing items, and not involve a subcontractor who would have to be replaced under the applicable procurement law. The cost schedule must be completed in full in the specified Excel format; the listed payment items, descriptions, parameters, units, quantities and other preset data may not be changed or deleted. Price totals must be submitted in euros to two decimal places. The bidder must identify and justify any trade secrets. In the case of a joint tender, separate European Single Procurement Documents must be submitted for all joint bidders together with the required authorisation. The bidder must also provide information on authorised representatives not visible in the commercial register. Precise document and submission details must be checked in the official tender documents.