Compliance requirements
The exclusion grounds include at least participation in a criminal organisation and corruption. For these grounds, the bidder is asked whether the company or a member of its administrative, management or supervisory body, a procurator or another person with representation rights has been finally convicted within the last five years, or whether the exclusion period set out in the conviction still applies.
If an exclusion ground exists, the bidder may submit evidence of self-cleaning measures to restore reliability, where permitted. The questions also ask whether the information is electronically available and what the relevant evidence is.
In addition, the bidder must confirm compliance with EU Council sanctions: subcontractors and suppliers representing more than 10% of the contract value may not be citizens, residents or undertakings established in the Russian Federation, nor persons or entities owned or controlled by them or acting on their instructions. If this requirement is not met, the contracting authority may reject the tender.
The machine-readable notice did not include precise exclusion grounds; these must be checked in the tender documents.
Qualification criteria and exclusion grounds
The bidder must have professional liability insurance covering risks arising from waste treatment, including damage caused to third parties. For lot 1, the insurance sum must be at least EUR 60,000; for lot 2, at least EUR 30,000. The ESPD must confirm the existence of the insurance or the intention to conclude it, and the bidder must provide a copy of the policy or the insurer’s confirmation if requested.
During the 36 months preceding the publication of the tender, the bidder must have treated mixed municipal waste at a rate of at least 12,000 tonnes per year. This is a technical and professional capacity requirement, and the exact proof must be provided in the ESPD or upon the contracting authority’s request.
The bidder must use a compliant waste treatment facility with an environmental permit that allows treatment of the waste required for the relevant lot. The bidder must provide the name of the facility, the permit number, the treatment capacity and a description of the treatment technology.
The tender must be submitted by the bidder’s legal representative or an authorised representative. If an authorised representative submits the tender, a power of attorney must be included. In the case of a joint tender, the authorised representative of the joint bidders must be named and the joint bidders’ power of attorney must be attached. The bidder must confirm compliance with the tender documents and submit the bid price form and other required confirmations.
The machine-readable notice did not include precise qualification or compliance requirements; these must be checked in the tender documents.