Compliance requirements
The bidder may be excluded if it, or a person authorised to represent, manage or control it, has a relevant conviction within the last five years or remains subject to an exclusion period for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour and other forms of human trafficking. The grounds also cover failure to pay taxes or social security contributions; the notice sets the threshold at EUR 0, while noting that Estonian tax-debt certificates are not issued for debts below EUR 100 or where payment has been rescheduled. Foreign bidders’ tax-debt certificates are issued under the law of their country of establishment.
Other grounds include breaches of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation, an arrangement with creditors, administration of assets by a liquidator or court, suspended business activities, or a comparable situation; serious professional misconduct; agreements intended to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement that creates an unavoidable competitive advantage; significant or repeated breaches of earlier contracts resulting in early termination, damages, price reduction or penalties; false or misleading information, failure to provide required information or requested documents, or attempts to obtain confidential information improperly.
National grounds also cover enabling a foreign national without a legal basis to work, being subject to international or Estonian government sanctions, and relevant tax offences by the bidder or its legal representatives. Where permitted for the applicable ground, the bidder may provide evidence of measures taken to restore its reliability.
Qualification criteria and exclusion grounds
The bidder’s aggregate net turnover for the last three financial years completed by the start of the procurement procedure must be at least EUR 1,000,000 excluding VAT. The bidder must provide the information in the ESPD; if it is not available electronically, the bidder must submit the relevant annual accounts or extracts showing net turnover.
The bidder, or the joint tenderers collectively, must have properly completed up to two road construction or renovation contracts during the 36 months preceding the start of the procurement procedure, with a combined value of at least EUR 1,000,000 excluding VAT. Provide descriptions of the contracts, their performance periods and the contracting parties’ details, including a client contact person’s telephone number and email address; for public contracts, include the reference numbers. Client confirmation letters may also be included if the contract details are not available in the public procurement register.
The team must include a project manager qualified at least as a Level 6 road engineer, specialising in road construction and maintenance and competent in managing construction activities, or equivalently qualified. It must also include: a Level 6 electrical engineer competent in design or holding B-level competence; a Level 7 diplomate engineer in water supply and sewerage, specialising in external water supply and sewerage; and a Level 6 road engineer specialising in roads and competent to prepare projects. Provide qualification details and certificate numbers in the ESPD; attach copies of diplomas or professional certificates where the information cannot be verified in the professional qualifications register.
If subcontractors are used, state their share of the total contract value in Form 3 and provide their consent in Form 4. A separate ESPD is required for subcontractors whose capacity the bidder relies on. The first-tier subcontractors will be checked for exclusion grounds and for the qualification requirements on which the bidder relies.
The bid must be unconditional, include the required documents and forms, and confirm acceptance of the procurement documents. Submit the price using the structure in Form 7, complete every line without amendments or added conditions, and include all costs necessary to perform the works, including taxes, charges, overheads, profit and ancillary or temporary works. Where equivalence is offered, explain it and provide supporting evidence. A bidder whose representative’s authority is not established by law or verifiable in public registers must submit the prescribed power of attorney. Joint tenderers must appoint an authorised representative, submit the prescribed power of attorney and accept joint and several liability for contract performance.