Compliance requirements
The bidder must confirm that neither the bidder nor its management, administrative or supervisory body members or representatives have, within the last five years, been finally convicted of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking. Compliance with tax and social security payment obligations is also checked.
The exclusion grounds also cover bankruptcy, liquidation or other insolvency situations; breaches of environmental, social or labour law; serious professional misconduct; anti-competitive agreements; conflicts of interest; serious breaches of previous procurement contracts; false information; and failure to submit required documents. The bidder must also provide confirmations concerning international sanctions and the employment of unlawfully staying foreign nationals. Where relevant, the bidder may provide evidence of remedial measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder’s net turnover must have been at least EUR 300,000 in each of the last three financial years. If the company has operated for less than three years, the requirement is calculated as the average turnover for the period of operation.
During the last 60 months, the bidder must have fully constructed or reconstructed, as the main contractor or as a subcontractor carrying out or organising all construction works, at least one qualifying land improvement system project. The experience must cumulatively include at least 5 km of drainage ditches, at least 10 culverts with a diameter of at least 400 mm, and at least 1 km or 5,000 m² of qualifying roads. The bidder must provide the relevant contract details in the ESPD and, upon request, a list of the works and evidence of proper completion. If relying on another entity’s capacity, the bidder must provide that entity’s details and consent.
The bidder must have a responsible specialist for the land improvement works under an appropriate legal relationship, or a self-employed bidder must act as the responsible specialist itself. The bidder must provide the responsible person’s name, position, professional qualification and experience, together with evidence of competence. For a person qualified abroad, evidence of equivalent competence or the right to perform the relevant work must be submitted.
The tender must comply with all procurement documents; conditional tenders are not permitted. The tender price must be submitted using the form in Annex 2. The bidder must also provide the details of known subcontractors using Annex 4, or state that no subcontractors are planned or that they are not known when the tender is submitted. For a joint tender, a power of attorney for the joint tenderers must be included. The bidder must confirm that it will not use subcontractors or suppliers connected with the Russian sanctions regime for more than 10% of the contract value and will not use a subcontractor subject to replacement under Section 122(7) of the Estonian Public Procurement Act.