Compliance requirements
The bidder must confirm that neither the bidder nor its management, administrative or supervisory body members or authorised representatives 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 other forms of human trafficking. The bidder must also have no tax or social security debt, bankruptcy, liquidation, insolvency proceedings, serious professional misconduct, anti-competitive agreement, unresolved conflict of interest or material breach of previous public contracts. The bidder must confirm that it has not submitted false information, failed to provide required information or documents, or attempted to improperly influence the contracting authority. The notice also covers unlawful employment of foreign nationals, international sanctions and convictions for tax offences. The threshold for tax and social security debt is EUR 0; under Estonian rules, the tax authority does not issue a certificate where the debt is below EUR 100 or payment has been deferred. Where an exclusion ground exists, evidence of remedial measures may be submitted where applicable. During contract performance, first-tier subcontractors will be checked; subcontractors are not required to submit a separate ESPD.
Qualification criteria and exclusion grounds
The bidder must have completed at least one compliant works contract during the 60 months preceding the commencement of the procurement. The requirement may be met under one of two alternatives.
- Alternative 1: a drainage system fully constructed or reconstructed, comprising at least 20 km of ditches, at least 35 culverts with a diameter of at least 400 mm, and at least 3 km or 15,000 m² of qualifying roads fully constructed or reconstructed.
- Alternative 2: drainage system renewal or maintenance works fully carried out, including restoration of at least 100 km of ditches with the specified cleaning and maintenance activities, maintenance of at least 175 culverts with a diameter of at least 400 mm, and full construction or reconstruction of at least 3 km or 15,000 m² of qualifying roads.
The works must have been performed as the main contractor or as a subcontractor responsible for carrying out or organising all construction works. The bidder must provide contract details in the ESPD and, on request, a confirmation from the client or main contractor that the work was properly completed and describing the bidder’s role. If the bidder relies on another entity’s capacity, that entity’s ESPD must also be submitted.
The bidder must have the required legal relationship with a responsible specialist for carrying out drainage works, or a self-employed bidder must itself be the responsible specialist. The bidder must provide the person’s name, position, qualifications and experience, together with evidence of the required professional qualification or equivalent competence. For a specialist from another country, a copy of a licence or other document proving the right to perform the relevant work in that country must be provided.
The tender must include the price offer form and a EUR 2,000.00 tender guarantee in the form of a guarantee from a credit or financial institution or insurer, or a deposit of funds into the contracting authority’s account. The guarantee must remain valid at least until the end of the tender validity period. The tender must comply with all procurement documents; conditional tenders are not permitted. Where necessary, evidence explaining equivalence must be included. In a joint tender, a power of attorney from the joint bidders must be provided. If subcontracting is planned, the bidder must provide the subcontractors’ names, contact details and the size and nature of the subcontracted part.