Compliance requirements
A bidder may be excluded if it or a person with management, supervisory or representative powers has a relevant final conviction within the previous five years, or remains subject to an exclusion period, for 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 breaches of tax or social-security payment obligations; violations of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation, suspension of business or comparable situations; serious professional misconduct; agreements intended to distort competition; unmanageable conflicts of interest; involvement in preparing the procurement that gives an unfair advantage which cannot otherwise be remedied; significant or repeated breach of a previous contract resulting in early termination, damages or comparable sanctions; and false or misleading information, failure to disclose required information or provide requested documents, or improper attempts to influence the procurement or obtain confidential information.
National grounds include enabling a person staying unlawfully in Estonia to work, or breaching the conditions for employing a foreign national; being subject to an international or Estonian government sanction that would make the contract unlawful; tax-related criminal offences; and restrictions on participation based on the bidder’s country of establishment or residence. The bidder must also confirm that it will not use a sanctioned subcontractor subject to replacement. A tax or social-security debt below EUR 100, or a debt whose payment has been deferred, is treated as described in the tender documents. Where applicable, the bidder may provide evidence of remedial measures restoring its reliability.
Qualification criteria and exclusion grounds
The bidder must be registered in its national commercial register where registration is required by the laws of its country. Foreign bidders must provide evidence of registration if requested.
The bidder’s team, including any joint bidders and subcontractors directly involved in performing the contract, must collectively include suitably qualified specialists for: road design (level 7 road engineer, with competence to prepare designs); road construction (level 6 road engineer, with competence in construction management); electrical design (level 6 electrical engineer qualified in electrical networks and systems, with competence in electrical network design, or equivalent); and electrical construction (level 6 electrical engineer qualified in electrical networks and systems, with competence in construction and operation of primary electrical equipment, or equivalent). One person may cover more than one role if they meet the qualifications for each. The bidder must provide each specialist’s name, qualifications and professional certificate number. Equivalent qualifications are accepted; supporting evidence may be required, together with the specialists’ written consent to take part in the contract.
The bidder must have completed at least two contracts during the 60 months preceding the start of the procurement for construction of a road, street, square or pedestrian/cycle path, each with a construction area of at least 2,000 m² and including construction of the sub-base. The bidder must provide a list of the contracts and details including the client and contact information, site address, area and contract period, together with evidence of proper completion.
The bid must accept the tender-document conditions and may not be conditional. The price must follow the prescribed structure and be submitted using the separate price schedule (Annex 4). Where an equivalent solution is offered in place of a specified standard, product or other reference, the bidder must explain the equivalence and provide evidence. Joint bidders must appoint an authorised representative and provide the relevant power of attorney. The bidder must identify and justify any trade secrets, but may not classify the bid price or other specified evaluation-related figures as trade secrets.
The bidder must confirm that it will not engage a subcontractor who would be subject to replacement under the applicable rules. The compliance document also sets out environmental conditions for indoor and outdoor furniture: wood must come from legal sources, with evidence such as an FSC certificate or FLEGT/CITES licence supplied at handover; REACH candidate substances exceeding 0.1% by mass must be declared and evidence provided at handover; furniture must be repairable using hand tools and supplied with disassembly and repair instructions; the warranty must be at least two years from handover and cover repairs and a replacement product during repairs; and spare parts or functionally equivalent components must be available for at least two years after handover.