Compliance requirements
The bidder must confirm that neither it nor any member of its management or supervisory bodies, nor any representative, is subject to grounds for exclusion. These include final convictions within the last five years for participation in a criminal organisation, corruption, fraud, terrorist offences or offences related to terrorist activity, money laundering or terrorist financing, and the use of child labour or human trafficking. Failure to pay taxes or social security contributions is also covered. The stated threshold for tax debt is EUR 0; the Estonian tax authority does not issue a tax-debt certificate where the debt is below EUR 100 or payment has been rescheduled.
Other grounds may include breaches of environmental, social or labour-law obligations; bankruptcy, liquidation, insolvency proceedings, an arrangement with creditors, a similar situation, assets being administered by a liquidator or court, or suspended business activities; serious professional misconduct; agreements restricting competition; an unavoidable conflict of interest; involvement in preparing the procurement that creates an unfair competitive advantage; material or repeated breach of a previous contract resulting in termination or compensation, a price reduction or a contractual penalty; submission of false information, failure to provide information or requested documents, or obtaining confidential information to gain an unfair advantage. Grounds may also include the application of international sanctions to the bidder or its representative, enabling a foreign national to work without legal grounds, conviction for a tax offence, and local tax debt in the contracting authority’s jurisdiction. Where applicable, the bidder may provide information about measures taken to restore its reliability.
Qualification criteria and exclusion grounds
Within the 60 months preceding the start of the procurement, the bidder must have properly completed at least one contract for maintenance of publicly used roads and repairs related to road maintenance. The total length of roads maintained under the contract must meet the requirement for the lot bid for: at least 150 km for Audru, 70 km for Paikuse and 115 km for Tõstamaa. A bidder applying for several lots must have at least one contract meeting the highest road-length threshold among those lots. The ESPD must include contract details, including road length, contract period and the contracting authority representative’s contact details.
For each lot, the bidder must have at least one responsible person, a road maintenance supervisor, with a level 6 qualification in road engineering, specialising in road construction and maintenance, or an equivalent qualification. The ESPD must identify the person and qualification and provide the certificate number, issue date and issuer.
By the time the contract is performed, the bidder must have, or be able to obtain or use, the following equipment for each lot: two tipper trucks equipped with a spreader and grader blade; a motor grader with a rear comb-blade drag; a loader with a bucket capacity of 1–3 m³; a 13–20-tonne excavator; a mechanised pothole repair machine with electronically controlled bitumen emulsion and aggregate dosing, such as SAVALCO, SHÄFFER or equivalent; a GPS device enabling the machine route and working time to be monitored and giving the contracting authority daily real-time access to that data; a brush-cutting and shredding machine for light scrub; dust-control equipment; and a crew vehicle for transporting workers. The bidder must list the equipment in the ESPD. If requested, the successful bidder must provide equipment registration certificates and evidence of the right to use equipment it does not own.
The bidder must have a valid environmental management system for road construction or road maintenance that meets at least ISO 14001 or equivalent requirements. Compliance is confirmed in the ESPD; on request, the bidder must provide a certificate or equivalent evidence. If the system is not certified, the bidder must provide a description of its internal environmental management system. Confirmation from an independent audit firm or accredited certifier that the system meets at least ISO 14001 requirements is accepted as equivalent evidence.
The bid must cover all requirements and works specified in the tender documents; conditional bids are not permitted. The price must be submitted using the form for the relevant lot: Form 3 for Audru, Form 4 for Paikuse and Form 5 for Tõstamaa. A joint bid must include a power of attorney, a separate ESPD for each joint bidder and confirmation of joint and several liability. If the bidder relies on another entity’s resources, it must provide that entity’s consent to participate in performing the contract. Any claimed equivalence must be explained and supported with evidence. The bidder must identify any trade secrets in the bid and justify their designation. The bidder may not involve, in performing the contract, subcontractors or suppliers exceeding 10% of the contract value if they are Russian nationals or residents, entities established in Russia, entities more than 50% owned by such persons or entities, or representatives of or entities acting on their instructions. The documents provided do not specify the award criteria or scoring; these should be checked in the tender documents.