Compliance requirements
The bidder may be excluded for relevant final convictions within the preceding five years involving participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or other forms of human trafficking. Exclusion grounds also cover unpaid taxes or social security contributions; violations of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation or comparable situations; serious professional misconduct; agreements intended to distort competition; an unresolved conflict of interest or improper involvement in preparing the procurement; and significant or repeated breaches of earlier contracts resulting in early termination, damages or comparable sanctions. Providing false or misleading information, withholding required information or evidence, improperly seeking confidential information, or enabling the unlawful employment of a foreign national may also lead to exclusion. The bidder must also confirm that contracting with it would not breach international or Estonian sanctions and that it has not engaged prohibited subcontractors or suppliers covered by the applicable EU sanctions restrictions. The first-tier subcontractors are subject to checks for the stated exclusion grounds. Where the law and procurement conditions allow, the bidder may provide evidence of measures taken to restore its reliability. For tax-debt evidence in Estonia, the notice explains that a certificate is not issued where the relevant tax debt is below EUR 100, excluding interest not established by an administrative act, or where payment has been rescheduled.
Qualification criteria and exclusion grounds
The bidder must have completed at least one qualifying construction contract within the 60 months preceding the start of the procurement, acting either as the main contractor or as a subcontractor responsible for carrying out or organising all construction work. The experience requirement may be met by either of these alternatives:
- **Alternative 1 – construction or full reconstruction:** under a drainage-system construction project, complete at least 30 km of ditches and at least 40 culverts with a diameter of at least 400 mm, and complete or fully reconstruct at least 2 km or 10,000 m² of qualifying roads. These may be registered roads serving a drainage system, public roads or forest roads.
- **Alternative 2 – renewal or maintenance:** restore at least 150 km of ditches in the regulated drainage network, including clearing vegetation, obstructions and sediment; maintain at least 200 culverts with a diameter of at least 400 mm, including cleaning sediment and restoring covers and end structures; and complete or fully reconstruct at least 2 km or 10,000 m² of qualifying roads of the types described above.
The bidder must list the relevant completed contracts in its European Single Procurement Document. At the contracting authority’s request, it must provide confirmation from the client—or, where the bidder was a subcontractor, from the main contractor—that the work was properly performed and that the bidder carried out or organised all the construction work. If relying on another entity’s capacity, the bidder must also provide that entity’s European Single Procurement Document.
The bidder must have a legal relationship with a responsible specialist qualified for the works under the applicable drainage legislation, or the bidder must itself be that specialist. The bidder must provide the specialist’s details and evidence of equivalent or higher competence. For a specialist qualified abroad, provide the relevant foreign licence or other evidence of the right to perform the work under the law of that country.
The offer must include the completed price form. The bidder must provide the required tender guarantee, either as a financial-institution or insurer guarantee meeting the tender documents or as a deposited cash amount; it must remain valid through the end of the offer validity period. Joint bidders must appoint an authorised representative and include the power of attorney. The offer must be unconditional and comply with the tender documents; where an equivalent solution is offered, explain and substantiate its equivalence. The bidder must also confirm compliance with RMK’s environmental requirements for forestry work and that it has informed its employees of their rights and the applicable processes for resolving occupational health, occupational disease, employment dispute and complaint matters.