Compliance requirements
The exclusion grounds apply to the bidder and its management and supervisory board members and representatives. Grounds may include a final conviction within the last five years, or an exclusion period still in force, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, unlawful use of child labour or human trafficking. In certain cases, the bidder may submit evidence of measures taken to restore its reliability.
Failure to meet tax or social security contribution obligations is also an exclusion ground. The stated threshold for tax debt is EUR 0; however, the notice explains that the Estonian tax authority does not issue a tax-debt certificate if the debt is below EUR 100 or payment has been deferred. For a foreign bidder, tax-debt evidence is issued under the law of its country of residence.
A conviction for enabling a foreign national to work while staying in the country unlawfully, or for enabling breaches of the conditions for a foreign national’s employment in Estonia, is also an exclusion ground. The bidder must confirm that entering into the contract would not breach international or national sanctions. It must also confirm that it will not use, for more than 10% of the contract value, subcontractors or suppliers who are Russian nationals, residents or entities established in Russia; are more than 50% directly or indirectly owned by such persons or entities; or act on their behalf or under their direction.
Qualification criteria and exclusion grounds
The procurement is divided into two lots: construction of the Kopraraja boardwalk and stairs, and construction of visitor infrastructure at Pedassaare. For either lot, the bidder’s net turnover must have been at least EUR 24,000 in each of the last three financial years completed by the start of the procurement.
For the full contract period, the bidder must engage a responsible person in charge of the works who holds at least the qualification “Construction Works Supervisor, level 5”, “Construction Manager, level 6” or “Civil Engineer, level 6”, or an equivalent or higher qualification. The bidder must provide the works manager’s name and professional certificate number. For an equivalent qualification, evidence of the person’s competence must be provided. For a person qualified abroad, submit a copy of a professional or activity licence issued in their country of residence, or other evidence of their right to perform the relevant work. The contracting authority may request further information and documents showing the person’s relationship with the bidder.
Before submitting a bid, the bidder must attend a guided site visit at the time set by the contracting authority. The bid must comply with the tender documents; conditional bids are not permitted. If an equivalent solution is offered, the bidder must explain the equivalence and provide supporting evidence. In a joint bid, a power of attorney for the joint bidders must be submitted. The bidder must identify and justify any information claimed as a trade secret; the bid price and figures used in evaluation cannot be designated as trade secrets. The notice does not specify award criteria.
The exclusion grounds are set out in the extract on exclusion grounds and qualification requirements.