Compliance requirements
The bidder must confirm that neither the company nor its management, supervisory body members, authorised representatives or other persons able to represent or control it have been finally convicted within the last five years, or remain subject to an exclusion period, for fraud, money laundering or terrorist financing, child labour or other forms of human trafficking, participation in a criminal organisation, terrorism-related offences or corruption. The bidder must also have no unpaid taxes or social security contributions. The relevant threshold is EUR 0; however, under Estonian tax rules, a tax debt certificate is generally not issued where the debt is below EUR 100 or payment has been deferred. The bidder must additionally confirm that it is not subject to an international sanction, has not enabled illegal employment of foreign nationals and is not using a subcontractor that must be replaced under the applicable public procurement rules. The bidder must provide the required confirmations and, where requested, supporting information or evidence. The first-tier subcontractors will be checked during contract performance; second-tier and subsequent subcontractors will not be checked, and subcontractors are not required to submit an ESPD.
Qualification criteria and exclusion grounds
The bidder must have an appropriate legal relationship with a responsible specialist qualified to perform the works under the applicable land improvement legislation, or the individual entrepreneur must be the responsible specialist. The bidder must provide the responsible person's details. Evidence of the required, equivalent or higher competence must be submitted. If the responsible person does not hold the required Estonian professional or competence certificate, the bidder must provide a copy of an authorisation issued in that person's home country or other evidence of the right to perform the relevant work under that country's law. 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 contract as the main contractor or as a subcontractor performing or organising all construction works. The bidder must meet either of the following alternatives: (1) fully construct or reconstruct a land improvement system including at least 10 km of drainage ditches, at least 15 culverts with a diameter of at least 400 mm, and at least 1 km or 5,000 m² of qualifying roads; or (2) fully perform land improvement system renewal or maintenance including restoration of at least 50 km of drainage ditches, maintenance of at least 60 culverts with a diameter of at least 400 mm, and construction or full reconstruction of at least 1 km or 5,000 m² of qualifying roads. The bidder must provide details of the completed contracts in the ESPD. At the contracting authority's request, a client confirmation of proper performance must be provided; where the bidder acted as a subcontractor, confirmation from the main contractor is required. If the bidder relies on another entity's capacity, that entity's ESPD must also be submitted.
The tender must include the completed price tender form, the EUR 750 bid guarantee valid at least until the end of the tender validity period, and any required power of attorney for a joint tender. The bidder must confirm compliance with the procurement documents, explain and substantiate any claimed equivalence, identify and justify any trade secrets, confirm compliance with RMK environmental requirements for forestry works, comply with restrictions concerning sanctioned subcontractors and suppliers, and confirm that employees have been informed of their rights and procedures for resolving occupational disputes and complaints. Any subcontractors planned for contract performance must be identified together with their contact details and the size and nature of their involvement.