Compliance requirements
The bidder must confirm that neither it nor its management, supervisory or representative persons are subject to exclusion grounds arising from final convictions for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or other forms of human trafficking. The bidder must also have fulfilled its tax and social security payment obligations. The relevant threshold is EUR 0; tax or social security debt below EUR 100 may be treated under the applicable national rules, and an officially deferred debt may be handled in accordance with those rules. Further exclusion grounds concern breaches of environmental, social or labour law, bankruptcy, insolvency or liquidation proceedings, arrangements with creditors, comparable insolvency situations, administration of assets by a liquidator or court, suspended business activities, serious professional misconduct, agreements distorting competition, conflicts of interest, involvement in preparing the procurement, serious or repeated failures in previous public contracts, false or misleading information, failure to provide required information or documents, and attempts to obtain confidential information or improperly influence the contracting authority. National exclusion grounds also cover enabling an unlawfully staying foreign national to work, being subject to an international sanction, and convictions for tax offences. Where relevant, the bidder must disclose the circumstances and any self-cleaning measures and provide supporting information. During contract performance, first-tier subcontractors are checked; second- and subsequent-tier subcontractors are not checked under the documented procedure, and subcontractors are not required to submit a separate ESPD.
Qualification criteria and exclusion grounds
The bidder must have properly completed at least one contract similar to the procurement subject. Relevant experience includes construction or reconstruction of a public outdoor space, park, square, promenade, cycle or pedestrian path, or another comparable publicly accessible outdoor area. The reference work must include all of the following: construction or reconstruction of pedestrian paths, squares or other outdoor areas using paving stones or equivalent surfacing; construction or reconstruction of outdoor or street lighting; and site maintenance and/or landscaping works. Under at least one reference contract, the bidder must also have prepared, or arranged the preparation of, the working-level project documentation required for the construction works. The requirements may be met through different contracts. Only work properly completed and accepted by the client during the applicable reference period may be counted; for continuing contracts, only the portion completed and accepted by the start of the procurement may be used. For works performed under a framework agreement, the bidder may rely on properly completed contracts or orders concluded under that framework agreement. At least one reference must be provided, with the contract name and description, work description, value, completion period, client name and contact details, and the procurement reference number where applicable. The bidder must clearly identify which required works were performed under each reference. The contracting authority may request confirmation from the other contracting party or other evidence. The bidder must nominate a project manager responsible for organising the construction works. The project manager must hold a professional qualification covering management or construction management, or an equivalent qualification that gives the person the competence to independently manage the relevant construction works at the required level. The bidder must submit the project manager’s name, personal identification code and competence by the tender deadline; the authority will verify the qualification in the professional register and may request documentary proof. A proposed replacement may be only a person meeting an equivalent qualification requirement. The tender must comply with all procurement documents and may not be conditional. The bidder must follow the prescribed price-submission structure and confirm that funds are available for the performance security. If submitting a joint tender, the authorised representative’s power of attorney must be included. The bidder must also confirm that it will not use a subcontractor who would be subject to mandatory replacement under the applicable procurement law. Where the documented environmental requirements apply, the bidder must use only legally sourced timber, declare REACH candidate substances exceeding 0.1% by mass and provide the relevant evidence at delivery, provide repair and disassembly instructions, grant a warranty of at least two years from delivery, and ensure spare parts or functionally equivalent components are available for at least two years after delivery.