Reconstruction of roads at Tallinn Botanic Garden

The bidder may be excluded for final convictions within the preceding five years, or an ongoing exclusion period, involving 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 breaches of tax or social security payment obligations; unlawful employment of a foreign national; being subject to applicable international sanctions; and, where provided for, local tax arrears. Other grounds include breaches of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation, an analogous situation, creditor arrangements, administration of assets by a liquidator or court, or suspension of business; serious professional misconduct; agreements with other operators intended to distort competition; an unmanageable conflict of interest; involvement in preparing this procurement where the resulting competitive advantage cannot otherwise be remedied; and significant or repeated failures under earlier contracts resulting in early termination, damages, price reductions or penalties. Exclusion may also follow from false or misleading information, withholding required information or documents, or improperly seeking confidential information to gain an advantage. A bidder may also be excluded for relevant tax offences or for lacking the right to submit an offer under applicable restrictions. For tax-debt evidence under Estonian rules, a certificate is not issued where the debt administered by the same tax authority is below EUR 100, excluding interest not established by an administrative act, or where payment has been rescheduled. Where permitted, the bidder may provide evidence of measures taken to restore its reliability.

The bidder’s total net annual turnover must have been at least EUR 850,000 in each of the last three completed financial years. The bidder must provide the relevant turnover information in the European Single Procurement Document (ESPD). The person responsible for managing the construction works (the project manager) must hold at least the non-initial professional qualification “Diploma Road Engineer, EstQF/EQF level 7”, specialising in road construction and maintenance/roads, with the selected competence “Construction Management”, or an equivalent qualification. The bidder must identify this person in the ESPD and, at the contracting authority’s request, provide evidence of the qualification. This requirement also applies where the person is engaged as a subcontractor. During the 60 months preceding the start of the procurement, the bidder must have properly completed at least one construction contract for a publicly used road (as defined in the Construction Code), excluding road maintenance, under which at least 5,000 m² of asphalt surfacing was laid as the top layer. The ESPD must describe the contract, including the surfacing laid and its area, the completion period, and the other contracting party’s details, including a contact person’s telephone number and email address; for public contracts, include the procurement reference number. The contracting authority may request client confirmations and may contact the named clients to verify the experience. The bidder must have a certified ISO 9001 quality management system covering construction works, or an equivalent certified system, and an ISO 14001 environmental management system covering construction works, or equivalent certified environmental management measures. The bidder must confirm this in the ESPD and provide valid certificates upon request. Where the specified evidence cannot be provided for reasons beyond the bidder’s control, equivalent evidence of the relevant management measures may be accepted. The offer must comply with the tender documents and may not be conditional. Prices must follow the required price schedule and Appendix 2: all unit prices must be in euros, excluding VAT, to two decimal places. Every line of Appendix 2 must be completed without alteration, added conditions or blank entries, and the schedule must also be submitted in the procurement register. Prices must cover all costs needed to perform the contract; zero or negative unit prices are not permitted. The offer must include the required confirmation of compliance with these conditions. The bidder must confirm that it and persons acting on its behalf have not engaged in corruption in this procedure. If subcontractors are used, the successful bidder must, upon request and no later than the start of contract performance, provide their names, contact details, information about their legal representatives, the nature of the subcontracted work or services, and the percentage share of the subcontract. The bidder must confirm that it will not use a subcontractor who is subject to mandatory replacement under the applicable rules. Where a joint offer is submitted, the bidders must provide a power of attorney appointing their representative. The bidder must also identify authorised persons not ascertainable from the relevant register, including their names and personal identification codes, or confirm that there are no such persons. Any claimed trade secrets must be identified and justified; prices and other specified price-evaluation figures may not be designated as trade secrets. The machine-readable information provided does not specify the award criteria or their weighting; these should be checked in the official tender documents.