Compliance requirements
The tenderer may be excluded if it, or a person in its management, administrative or supervisory body or authorised to represent, decide for or control it, has a relevant conviction within the last five years or is still subject to an exclusion period. The listed offences include participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and the use of child labour or other forms of human trafficking. Where permitted for this procurement, the tenderer may provide evidence of measures taken to restore its reliability.
Exclusion grounds also include failure to meet tax or social security contribution obligations, enabling a foreign national to work without legal grounds or in breach of applicable employment conditions, and a contract award that would breach an international or Estonian government sanction. The notice records a zero threshold for tax and social security arrears; it also states that, under Estonian tax rules, a tax-debt certificate is not issued for a tax debt below EUR 100 (excluding interest not established by an administrative act) or where payment has been deferred. Foreign tenderers are assessed under the rules of their country of establishment.
Qualification criteria and exclusion grounds
The tenderer must meet these qualification and compliance requirements:
- During the 60 months preceding the start of the procurement, the tenderer must have properly completed, as the main contractor, at least two contracts for road construction or reconstruction. Each contract must be worth at least EUR 100,000 excluding VAT, and the works must have been accepted by the client during that period. The tenderer must list the contracts, including their periods, values and information about the other contracting parties. At the contracting authority’s request, the tenderer must provide confirmations from those parties that the work was properly completed in accordance with the contract and good construction practice.
- The person responsible for managing the construction works must hold at least road engineer, level 6, or an equivalent professional qualification.
- The tenderer must have a valid notice of economic activity in the Estonian Register of Economic Activities for the activity “Construction”, specifically road construction.
- By submitting a bid, the tenderer confirms acceptance of all procurement-document requirements. Conditional bids are not permitted. The price must follow the structure in the pricing worksheet, and the completed pricing form must include all cost schedules and the consolidated price table.
- The tenderer must confirm that it will not engage, during contract performance, a subcontractor who would have to be replaced under section 122(7) of the Estonian Public Procurement Act.
- Any information claimed as a trade secret must be identified and the claim justified. The bid price and component prices, and other figures or indicators used in evaluating bids, may not be classified as trade secrets. The provided documents do not specify the award-scoring details.