Compliance requirements
The bidder must confirm that neither it nor its representatives are subject to exclusion grounds such as final convictions within the last five years or an ongoing exclusion period for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or the unlawful use of child labour or other forms of human trafficking.
The bidder must not have outstanding tax or social security payment obligations. The bidder must also confirm that it is not in bankruptcy, liquidation, insolvency proceedings or a comparable situation, that its business is not suspended, and that it has not seriously breached professional, environmental, social or labour-law obligations. Other grounds include serious professional misconduct, agreements restricting competition, an unresolved conflict of interest, improper involvement in preparing the procurement, serious or repeated breaches of earlier public contracts, and submitting false or incomplete information or failing to provide required documents.
The bidder must also confirm compliance with the national exclusion grounds, including sanctions, employment of unlawfully residing foreign nationals, relevant tax offences and any applicable local tax debt. The bidder must not be established in the Russian Federation or Belarus. More than 50% of its ownership may not be held directly or indirectly by Russian nationals, Russian residents or entities established in Russia, and it may not act as a representative of or under the instructions of such persons or entities. It may not use, for more than 10% of the contract value, subcontractors, suppliers or supporting entities meeting those criteria. The bidder must also confirm that it will not use a subcontractor who would have to be replaced under the applicable procurement legislation.
Qualification criteria and exclusion grounds
- The bidder’s turnover in the field covered by the contract must have been at least EUR 200,000 during the required three financial years.
- The bidder must have completed at least one relevant major construction contract during the 60 months preceding the start of the procurement. The bidder must provide a description of the work, its value and period, the bidder’s area of responsibility, and the contracting authority’s contact details, together with evidence that the work was properly performed.
- The bidder must have at least one responsible specialist/project manager with higher education in construction, at least three years of experience managing construction works and experience managing at least one similar construction project. A CV in the required form must be submitted. If the specialist is not directly employed by the bidder, the tender must include the specialist’s confirmation of actual participation in contract performance. The same specialist or specialists must be identified in the European Single Procurement Document under technical and professional capacity.
- The bidder or its subcontractor must have submitted an economic activity notice in the Estonian Register of Economic Activities for the construction activity, or hold an equivalent registration or permit under the law of its country of establishment. A foreign bidder or subcontractor must provide evidence issued by the competent authority of its country. If the bidder relies on a subcontractor’s registration, that subcontractor must itself perform the relevant part of the contract.
- If subcontractors are used, the bidder must submit the required subcontracting form, specifying the subcontractor, its legal representatives, the nature of the subcontracted work or service and its percentage share.
- The tender must be unconditional, comply with all tender documents and use the required price structure. Any proposed equivalent products, standards or evidence must be explained and supported by appropriate proof where necessary.
- Joint bidders must appoint an authorised representative and submit the required power of attorney. Required CVs, subcontracting information and other forms must be attached to the tender.