Compliance requirements
The bidder must confirm that neither the company nor its management, supervisory body members, authorised representatives or controlling persons have been finally convicted within the last five years, or remain subject to an exclusion period, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or other forms of human trafficking. The bidder must also confirm compliance with tax and social security payment obligations. The stated threshold is EUR 0; however, under Estonian tax rules a tax debt certificate is not issued where the total debt administered by the same tax authority, excluding interest not determined by an administrative act, is below EUR 100 or payment of the debt has been deferred. Foreign bidders must provide evidence in accordance with the law of their country of establishment.
The bidder must not be in breach of environmental, social or labour-law obligations and must not be bankrupt, insolvent, in liquidation, subject to similar proceedings, have its business suspended, or have assets administered by a liquidator or court. Exclusion grounds also cover serious professional misconduct, agreements distorting competition, conflicts of interest, involvement in preparing the procurement giving an unfair advantage, serious or repeated failures under previous public contracts resulting in termination or sanctions, and false or omitted information or failure to submit requested documents. The bidder must confirm that no applicable national exclusion ground concerns enabling unlawful employment of foreign nationals, being the subject of an international sanction, or convictions for tax offences. Where permitted, the bidder may provide information on remedial measures demonstrating restored reliability.
Qualification criteria and exclusion grounds
The bidder must have a legal relationship, under Estonian law or equivalent law in its country of establishment, with a responsible specialist competent to perform the required drainage-system works. A self-employed bidder may act as the responsible specialist itself. The bidder must provide the responsible person's details and evidence of the required or equivalent qualification. If the person does not hold the required Estonian professional qualification or competence certificate, the bidder must submit a copy of the licence issued in that person's country of establishment or other evidence of the right to perform the relevant work. The contracting authority may request additional evidence of the person's connection with the bidder.
Within the 60 months preceding the start of the procurement, the bidder must have completed at least one qualifying construction-work contract as main contractor or as a subcontractor responsible for or organising all construction works. It must meet either of the following experience alternatives:
- Alternative 1: complete construction or complete reconstruction of a drainage system comprising at least 10 km of ditches, at least 25 culverts with a diameter of at least 400 mm, and at least 3 km or 15,000 m² of qualifying roads; or
- Alternative 2: complete drainage-system renewal or maintenance comprising restoration of at least 50 km of ditches, including vegetation, flow obstruction and sediment removal, maintenance of at least 125 culverts with a diameter of at least 400 mm, including cleaning and restoration of covers and headwalls, and construction or complete reconstruction of at least 3 km or 15,000 m² of qualifying roads.
The bidder must provide the relevant contract details in the European Single Procurement Document. At the contracting authority's request, it must provide client confirmations that the work was properly performed; where the bidder acted as a subcontractor, confirmation must also establish that it was responsible for or organised all construction works. If the bidder relies on another entity's resources, that entity's European Single Procurement Document must be submitted.
The tender must include the required price-offer form and must be unconditional and compliant with all procurement documents. A tender guarantee of EUR 1,250.00 must be provided by a credit or financial institution or insurer, or by depositing the amount with the contracting authority; it must remain valid at least until the end of the tender validity period. Joint bidders must submit a power of attorney appointing an authorised representative. The bidder must confirm compliance with RMK environmental requirements for forestry work, explain any claimed trade secrets, and provide equivalence evidence where applicable. The bidder must not use a subcontractor subject to mandatory replacement under the applicable procurement law, and must observe the restrictions concerning Russian-linked subcontractors or suppliers exceeding 10% of the contract value, international sanctions, and employee procedures for labour disputes and complaints.