Compliance requirements
The bidder must confirm that neither the bidder nor its management, supervisory body members, authorised representatives or other persons able to represent or control it are subject to exclusion grounds. These include final convictions within the relevant five-year period or an ongoing exclusion period for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and the use of child labour or other forms of human trafficking.
The bidder must also have no outstanding tax or social security payment obligations. The stated threshold for tax and social security debt is EUR 0; the notice explains that a tax debt certificate is not issued where the debt is below EUR 100 or payment has been deferred, subject to the applicable rules.
Further exclusion grounds concern breaches of environmental, social or labour law; bankruptcy, insolvency, liquidation or similar situations; agreements with creditors; assets administered by a liquidator or court; suspended business activity; serious professional misconduct; anti-competitive agreements; conflicts of interest; involvement in preparing the procurement; serious or repeated breaches of previous public contracts; false or withheld information, failure to submit requested documents or attempts to obtain confidential information improperly.
The bidder must additionally confirm that it has not enabled unlawful employment of a foreign national, is not a subject of an international sanction, and has not been convicted of tax offences where the applicable national exclusion ground applies. Where an exclusion ground exists and the applicable rules permit it, the bidder may provide evidence of measures taken to restore its reliability. First-tier subcontractors are checked during contract performance and must not be subject to the applicable exclusion grounds.
Qualification criteria and exclusion grounds
The bidder must have completed, during the 60 months preceding the start of the procurement, at least one qualifying construction contract as the main contractor or as a subcontractor responsible for carrying out or organising all construction works. The bidder must meet either of the following experience alternatives:
- Alternative 1: complete construction or complete reconstruction of a land improvement system, including at least 35 km of ditches, at least 50 culverts with a diameter of at least 400 mm, and at least 5 km or 25,000 m² of the specified land improvement, public or forest roads.
- Alternative 2: complete renewal or maintenance of a land improvement system, including restoration of at least 175 km of ditches and maintenance of at least 250 culverts with a diameter of at least 400 mm, as well as construction or complete reconstruction of at least 5 km or 25,000 m² of the specified roads.
The bidder must provide the details of the completed contract in the European Single Procurement Document. At the contracting authority’s request, the bidder must provide confirmation from the client, or from the relevant main contractor where the bidder acted as a subcontractor, that the work was properly performed. If the bidder relies on another entity’s capacity, that entity’s European Single Procurement Document must also be submitted.
The bidder must have a legal relationship with a responsible specialist meeting the qualification requirements under the Land Improvement Act or equivalent requirements in the bidder’s country of establishment. The responsible person’s details and qualification evidence must be submitted. A foreign qualification may be evidenced by a licence or other document proving the person’s right to perform the relevant work under the law of the country of origin. The contracting authority may request additional evidence of the specialist’s connection with the bidder.
The tender must include the required price offer form, a EUR 1,750 tender guarantee valid at least until the end of the tender validity period, and all required confirmations and documents. A conditional tender is not permitted. Equivalent solutions may be offered where the tender documents refer to standards, technical specifications, marks or other references, but equivalence must be explained and supported by evidence. Joint bidders must appoint an authorised representative and submit the relevant authorisation. Known subcontractors, their contacts, the scope and nature of subcontracting must be disclosed where applicable.