Compliance requirements
The bidder and its representatives must not be 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 use of child labour or other forms of human trafficking. The bidder must not have unpaid taxes or social security contributions. The notice also covers breaches of environmental, social or labour-law obligations, bankruptcy, insolvency or liquidation proceedings, arrangements with creditors, administration of assets by a liquidator or court, suspended business activities, serious professional misconduct, anti-competitive agreements, conflicts of interest, involvement in preparing the procurement that creates an unavoidable competitive advantage, serious or repeated failures under previous public contracts, and false or withheld information or failure to submit required documents. National exclusion grounds include enabling the employment of an illegally residing foreign national, being subject to an international sanction, and certain tax offences. The bidder must confirm that the contract would not violate applicable international or Estonian sanctions. Where an exclusion ground exists, evidence of remedial measures restoring reliability may be submitted where legally permitted. First-tier subcontractors will be checked for the specified grounds; second- and subsequent-tier subcontractors are not checked under the stated conditions, and subcontractors are not required to submit a separate European Single Procurement Document. The bidder must not use a subcontractor who would have to be replaced under the applicable procurement legislation.
Qualification criteria and exclusion grounds
The bidder must provide at least one responsible person for the road construction works with a level 6 road engineer professional qualification, or an equivalent or higher qualification, specialising in road construction. The responsible person's identity and qualification details must be provided. An equivalent qualification must be supported by documentary evidence; for a person without the required Estonian qualification or certificate, the bidder must submit a copy of the licence issued in that person's home country or other proof of the right to perform the relevant work under that country's law. The contracting authority may request additional evidence of the person's relationship with the bidder in the context of this procurement.
The bidder must also have an appropriate legal relationship, under the Estonian Earthwork Act or the equivalent law of the bidder's country, with a responsible specialist for the drainage-system works, unless the bidder itself is a sole proprietor acting as the responsible specialist. The responsible person's details and evidence of an equivalent or higher qualification or authorisation must be submitted.
Within the 60 months preceding the start of the procurement, the bidder must have completed at least one qualifying construction contract as the main contractor or as a subcontractor responsible for or organising all construction works. The requirement can be met through either of the following alternatives:
- Alternative 1: a fully constructed or fully reconstructed land-improvement system comprising at least 25 km of drainage ditches, at least 35 culverts with a diameter of at least 400 mm, and at least 5 km or 25,000 m² of qualifying roads; or
- Alternative 2: land-improvement system renewal or maintenance comprising at least 125 km of drainage-network ditches, including vegetation and obstruction removal, at least 175 drainage-network culverts with a diameter of at least 400 mm, including sediment cleaning and restoration of covers and end sections, and at least 5 km or 25,000 m² of qualifying roads.
The bidder must provide the required contract details in the European Single Procurement Document. At the contracting authority's request, it must provide a confirmation from each client that the work was properly performed, or, where the bidder acted as the relevant main contractor's subcontractor, confirmation from that main contractor. If the bidder relies on another entity's capacity, the supporting entity's European Single Procurement Document must also be submitted. The bid must include a bid guarantee of EUR 1,750.00, provided as a bank or financial institution or insurer guarantee, or by depositing the amount into the contracting authority's account, and valid at least until the end of the bid validity period. The bidder must submit the price offer form, accept all tender-document conditions without reservations, explain and evidence any claimed equivalence, and provide the required information on joint bidders and subcontractors where applicable. The bidder must confirm compliance with RMK environmental requirements for forestry work, the applicable sanctions restrictions, and the required arrangements for informing employees about their rights and mechanisms for resolving occupational injuries, occupational diseases, labour disputes and complaints.