Compliance requirements
The bidder must confirm that neither the bidder nor its management, supervisory or authorised representatives have a final conviction within the relevant five-year period, or an ongoing exclusion obligation, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or other forms of human trafficking. The same checks apply to first-tier subcontractors during contract performance; second- and later-tier subcontractors are not checked under the stated procedure, and subcontractors are not required to submit a procurement passport.
The bidder must not have unpaid taxes or social security contributions. The notice states that an unpaid tax certificate is generally not issued where the total debt administered by the same tax authority, excluding interest not established by an administrative act, is below EUR 100 or payment of the debt has been deferred; foreign bidders are assessed under the law of their country of establishment.
The bidder must not be bankrupt, subject to insolvency or liquidation proceedings, in an equivalent domestic situation, under the control of a liquidator or court, or have suspended business activities. The bidder must not have committed a serious breach of professional conduct, entered into arrangements intended to distort competition, have an unresolvable conflict of interest, participated improperly in preparing the procurement, or previously caused a public contract or concession to be terminated early or triggered damages or comparable sanctions. The bidder must not have submitted false or misleading information, withheld required information, failed to provide requested documents, or improperly sought confidential information or influence over the procurement decision.
Additional national exclusion grounds concern unlawful employment of foreign nationals, being subject to an international sanction, convictions for tax offences, and restrictions on the right to submit a tender based on the bidder’s place of residence or establishment. The bidder must disclose any relevant circumstances and, where permitted, may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder’s net turnover in the last financial year completed before commencement of the procurement must be at least EUR 160,000. Joint bidders may combine their turnover figures. Upon request, the bidder must provide an extract from the annual report or other evidence proving the turnover, unless the information is publicly available to the contracting authority from the commercial register. If the bidder relies on another entity’s financial capacity, that entity must provide the required information and undertake joint and several liability for the relevant part of the contract; the required consent and, where necessary, turnover evidence must be submitted.
During the 60 months preceding commencement of the procurement, the bidder must have properly completed at least one publicly used road construction contract under which at least 2,000 m² of the upper asphalt-concrete pavement layer was installed. The bidder must provide a list of the relevant contracts and, upon request, a client confirmation stating the contract period, the area of upper asphalt-concrete pavement installed and that the contract was properly performed. If the bidder relies on another entity’s technical or professional capacity, that entity must provide the required information and participate directly in contract performance at least to the extent of the capacity relied upon.
The price schedule must be completed for every payment item in the required cost schedule. The bidder may not change or delete the listed items, descriptions, parameters, units, quantities or other data provided by the contracting authority. Price totals must be stated in euros to two decimal places, and the completed cost schedule must be submitted as an Excel file. The bidder must confirm acceptance of all conditions in the contract notice and procurement documents, submit an offer only for the requested scope, and confirm that no subcontractor subject to replacement under the applicable procurement law will be used. For a joint tender, separate procurement passports are required for all joint bidders and an authorised representative’s power of attorney must be submitted. The bidder must also identify authorised persons not shown in the commercial register, or confirm that there are none, and confirm that the offered goods are not subject to international sanctions or originating from sanctioned regions.