Compliance requirements
Exclusion grounds are checked in relation to the bidder and members of its representative, management or supervisory bodies. These include final convictions within the previous five years for participation in a criminal organisation, corruption, fraud, terrorism, money laundering or terrorist financing, illegal use of child labour, or human trafficking. Tax offences and enabling a foreign national without a legal basis to work, or breaching the conditions for a foreign national’s employment in Estonia, are also covered.
Grounds for exclusion may include failure to pay taxes or social security contributions; breaches of environmental, social or labour law obligations; bankruptcy, liquidation, insolvency, an arrangement with creditors, assets administered by a liquidator or court, or suspension of business activities. The notice specifies a threshold of EUR 0 for tax debt. Additional information states that the tax authority does not issue a tax-debt certificate if the total debt for taxes administered by that authority, excluding interest not established by an administrative act, is below EUR 100 or payment has been rescheduled. For foreign bidders, the rules of their country of establishment apply.
The checks also cover serious professional misconduct, agreements intended to distort competition, conflicts of interest, involvement in preparing the procurement, and material or repeated breaches of previous public contracts that resulted in early termination, damages or a contractual penalty. Other grounds include submitting false information, failing to provide required information or documents, or seeking an unjustified advantage through confidential information. Awarding the contract must not breach international or Estonian sanctions. If an exclusion ground applies, the bidder may submit evidence of measures taken to restore its reliability where the procurement exceeds the international threshold or the tender documents allow this.
Qualification criteria and exclusion grounds
Within the 60 months preceding the start of the procurement, the bidder must have completed at least one contract as the main contractor or as a subcontractor responsible for carrying out or organising all construction works, meeting one of these alternatives:
• Alternative 1: construction or full reconstruction of a land improvement system, including at least 15 km of ditches, at least 30 culverts with a diameter of at least 400 mm, and at least 12 km or 60,000 m² of eligible roads.
• Alternative 2: complete renewal or maintenance of a land improvement system covering at least 75 km of ditches, including clearing or mowing the banks and removing vegetation, flow obstructions and sediment from watercourses and sediment basins; maintenance of at least 150 culverts with a diameter of at least 400 mm, including cleaning sediment and restoring covers and end structures; and construction or full reconstruction of at least 12 km or 60,000 m² of eligible roads. Eligible roads may include relevant roads serving a land improvement system, public roads or forest roads.
The bidder must provide details of the works in the ESPD. At the contracting authority’s request, the bidder must provide the client’s confirmation that the works were performed properly. Where the bidder relies on subcontractor experience, confirmation from the main contractor must also verify the bidder’s role. If relying on another entity’s capacity, the bidder must also provide that entity’s ESPD.
The bidder must have a responsible specialist for the construction works, as referred to in section 36 of the Land Improvement Act, or a person with equivalent competence. A sole proprietor may act as the responsible specialist. The bidder must provide the person’s details and, where necessary, evidence of competence. For a specialist from another country, the contracting authority may request evidence that the person’s qualifications or right to practise meet the requirements of that country. The authority may also request evidence of the specialist’s connection with the bidder.
The team must include an ichthyologist or hydrobiologist who will personally participate in contract performance. This person must hold a higher education degree in biology, hydrobiology, ecology or an equivalent field and have previous work experience in the assessment, study or restoration of stream habitats, fish populations, spawning grounds or the ecological status of water bodies. The bidder must submit a CV and copies of education documents, together with the person’s confirmation of participation in the procurement and contract performance. By submitting the CV, the bidder confirms that it has the individual’s written consent to process their personal data. The named team member must be used during contract performance; any replacement must meet at least the same requirements.
The bid must include the price offer form (Annex 1) and a tender guarantee, either a guarantee from a credit or financial institution or insurer, or money deposited into the contracting authority’s account. The guarantee must remain valid at least until the end of the bid validity period; its other detailed terms must be checked in the tender documents. A joint bid must include a power of attorney for the joint bidders.
The bidder must confirm that the bid complies with all tender document conditions; conditional bids are not permitted. If offering an equivalent solution, the bidder must explain equivalence and provide supporting evidence. The bidder must also confirm compliance with RMK environmental requirements for forestry work and that employees have been informed about their labour rights, occupational injuries and diseases, and procedures for resolving labour disputes and complaints. The bidder must confirm that it will not use a subcontractor subject to mandatory replacement on exclusion grounds. Any information identified as a trade secret must be justified; the bid price and figures used to assess the award criteria may not be treated as trade secrets.
The bidder must confirm that any goods offered are not subject to international sanctions and do not originate from sanctioned regions. The tender documents also state an EU restriction: subcontractors and suppliers who are Russian citizens, residents or entities established in Russia, entities more than 50% owned by such persons or entities, or persons acting on their behalf or instructions must not account for more than 10% of the contract value.