Compliance requirements
The bidder may be excluded for specified convictions 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 tax or social security contribution arrears; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, creditor arrangements or suspended business activity; serious professional misconduct; agreements that distort competition; unmanageable conflicts of interest; involvement in preparing the procurement that creates an unpreventable competitive advantage; serious or persistent failures under earlier contracts; and false, misleading or withheld information, failure to provide requested supporting documents, or improper efforts to obtain confidential information or influence the procurement. The relevant conduct may concern the bidder or persons authorised to represent, manage or control it. For certain grounds, the bidder may provide information about remedial measures to restore its reliability where permitted by law or the procurement documents.
The bidder must also confirm that awarding the contract would not breach applicable international or Estonian sanctions. The notice identifies as a mandatory ground the enabling of employment of a foreign national staying in Estonia without a legal basis, and also refers to exclusion in cases involving international sanctions and to an optional ground for tax-related offences.
Qualification criteria and exclusion grounds
The bidder’s net turnover in the most recent financial year completed by the start of the procurement must be at least EUR 150,000. The structured qualification entries also list minimum turnover figures of EUR 85,000 and EUR 150,000, so the applicable interpretation of these figures should be checked in the tender documents. Joint bidders may aggregate their figures. If relying on another entity’s turnover, the bidder must identify that entity and, on request, provide its consent to make the resources available and accept joint liability for the relevant part of the contract.
In the 36 months before the procurement began, the bidder must have completed at least one road-materials study worth at least EUR 50,000 excluding VAT. The reference must include its name and description, client and contact details, value, and start and end dates. If another entity’s technical capacity is relied upon, that entity must be identified, provide consent on request, and participate directly in performing the relevant part of the contract.
The bidder must accept the conditions in the contract notice and procurement documents and submit an offer for all matters for which competing offers are requested. The completed price breakdown spreadsheet must include the prices for every work type; stage prices must be in euros to two decimal places. The spreadsheet must not be altered beyond what is necessary to complete it. The bidder must confirm that the contract will be performed by persons meeting the requirements in section 11 of the technical specification; documents evidencing their experience are due after contract award as provided in the draft contract. The precise personnel requirements are not included in the available text.
For a joint bid, the bidders must provide a signed authorisation appointing their representative and submit a separate European Single Procurement Document for each joint bidder. The bidder must provide the names and personal identification codes of authorised persons not identifiable from the relevant business register, or confirm that there are no such persons. Any claimed trade secret must be identified and justified; bid prices and other specified evaluation figures cannot be designated as trade secrets. No award criteria are specified in the available text.