Compliance requirements
The buyer will exclude a bidder if the bidder or a person authorised to represent, manage or control it has been convicted of participating in a criminal organisation, breaches of integrity, corruption, fraud, terrorism-related offences, money laundering or terrorist financing; enabling unlawful employment of a foreign national or breaches of the conditions for employing foreign nationals, including paying below the statutory wage rate; or unlawful child labour or human trafficking. Exclusion also applies where the bidder has outstanding tax, social security or environmental levy debts, or where awarding the contract would breach an international or Estonian government sanction.
The bidder must confirm that none of these grounds applies. A foreign bidder must provide the relevant criminal-record extract or equivalent document for the first group of grounds and a certificate from the competent authority concerning tax and social security debts. If the country does not issue such documents, or they do not cover all the required circumstances, an equivalent declaration or evidence may be submitted. Sanctions-related grounds are checked on the basis of the bidder’s declaration; the buyer may request further information or evidence where there is reasonable doubt.
Qualification criteria and exclusion grounds
The bidder must be registered in the commercial register or an equivalent register in its country of establishment if registration is required by that country’s law. A foreign bidder must provide a valid registration certificate or equivalent evidence.
The bidder or its subcontractor must have properly completed at least one road construction contract involving the installation of crash barriers during the 60 months preceding the commencement of the procurement. The bidder must submit the contract list form, stating the contract values, dates and other contracting parties.
The works manager responsible for the works must hold the professional qualification “Construction Manager, level 6” or an equivalent or higher qualification. Copies of documents proving the responsible persons’ qualifications and competence must be provided. A foreign bidder without documents issued under Estonian requirements must provide evidence issued in its country of establishment and confirm that it will submit the Consumer Protection and Technical Regulatory Authority’s confirmation of the person’s qualification and competence within one month after signing the contract.
If the bidder relies on another entity’s resources, it must identify that entity and the resources or right to operate in its tender and prove that they will be available for contract performance. Where the bidder relies on another entity’s right to operate, that entity must itself perform the relevant part of the contract.
The tender must comply with the procurement documents and must be unconditional. Prices must be entered in the buyer’s form in euros, exclusive of VAT, with all required price fields completed. Quantities used for comparison are indicative; payment will be based on the services actually ordered and the unit prices in the tender. If an equivalent solution is offered, sufficient explanations and evidence must be provided.
For a joint tender, a power of attorney for the joint tenderers must be submitted. The bidder must identify and justify any trade secrets in its tender, but may not designate the tender price, item prices or other numerical figures used in evaluation as trade secrets. The bidder must disclose any circumstances that may indicate a conflict of interest or competitive advantage and provide explanations where necessary.