Compliance requirements
The bidder must declare that neither it nor its management, administrative or supervisory body members or representatives have been finally convicted within the relevant period of participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or the use of child labour or human trafficking. Where an exclusion ground applies, the bidder may provide information about measures taken to restore its reliability where permitted.
Exclusion grounds cover failure to pay taxes or social security contributions; breaches of environmental, social or labour law obligations; bankruptcy, insolvency or liquidation proceedings; arrangements with creditors; assets administered by a liquidator or court; suspension of business; serious professional misconduct; agreements distorting competition; and an unavoidable conflict of interest. The bidder is also asked about serious breaches of previous contracts, false statements or failure to provide required information or documents, and attempts to improperly influence the contracting authority or obtain confidential information.
Estonian law additionally provides for checks concerning enabling the employment of a foreign national staying in Estonia without a legal basis, the applicability of international or Estonian sanctions, convictions for tax offences, and any restriction imposed by the contracting authority on the bidder’s country of origin. The stated threshold for tax and social security arrears is EUR 0; the notice explains that an Estonian tax debt certificate is not issued where the debt is below EUR 100 or payment has been rescheduled. For foreign bidders, the law of their country of establishment applies.
Qualification criteria and exclusion grounds
The bidder’s net turnover for its most recently completed financial year by the start of the procurement must be at least EUR 60,000. Joint bidders may aggregate their turnover. The bidder must state its turnover in the ESPD and, if requested, provide an extract from its annual report or other evidence; this evidence is not required from a bidder registered in Estonia if the information is publicly available to the contracting authority in a register. If relying on another entity’s turnover, the bidder must also provide that entity’s ESPD and, if requested, its consent and evidence of turnover. The other entity is jointly liable for the part of the contract for which its resources are relied upon.
During the 60 months preceding the start of the procurement, the bidder must have properly completed at least two contracts involving a bridge condition survey that included an assessment of the condition of the bridge structures. The bidder must provide a list stating the subject of each contract, the other contracting party and the dates of performance. If requested, the bidder must provide client confirmations of proper performance, the survey scope and the performance period. If relying on another entity’s technical capacity, the bidder must provide its ESPD and, if requested, its consent confirming that it will directly participate in performing at least the part of the contract for which its capacity is relied upon.
The bidder must confirm that its tender complies with the contract notice and procurement documents and submit the fully completed works handover and payment schedule as an Excel file. Prices for all work sections must be stated in euros to two decimal places, and the file must not be altered beyond what is necessary to complete it. The bidder must confirm that a project manager meeting the requirements in the draft contract will participate in contract performance; the project manager’s details are to be submitted after the contract is signed. The exact requirements must be checked in the draft contract.
For a joint tender, the bidders must submit a signed power of attorney for their representative and a separate ESPD for each joint bidder. The bidder must also provide the names and personal identification codes of authorised persons who are not identifiable to the contracting authority through a company register extract or its equivalent, or confirm that there are no such persons. Any information designated as a trade secret must be accompanied by reasons; the tender price and section prices may not be designated as trade secrets. The provided information does not specify the award criteria.