Compliance requirements
The bidder must not be subject to exclusion grounds. This means that neither the bidder nor the persons authorised to represent it may have been convicted of participation in a criminal organisation, corruption, fraud, terrorism, money laundering, illegal use of child labour or human trafficking. The bidder must also have no tax, fee or environmental charge arrears, and no tax or social security contribution arrears under the law of its country of establishment. The contract award must not breach an international sanction or a sanction of the Government of the Republic of Estonia.
If the bid is submitted together with a foreign company, documents confirming the absence of exclusion grounds for the company and its representatives must be submitted together with the bid if the contracting authority cannot verify them from public databases. The bidder must also confirm that it will not involve subcontractors or suppliers accounting for more than 10% of the contract value if they are citizens, residents or entities established in the Russian Federation, or if they are owned or controlled by such persons or act under their instructions. In addition, the bidder must confirm that it will not use a subcontractor that would have to be replaced under Section 122(7) of the Public Procurement Act, and that the offered goods are not subject to international sanctions and do not originate from sanctioned territories.
Qualification criteria and exclusion grounds
The bidder’s total net turnover for the last three financial years ended by the start date of the procurement must be at least EUR 600,000 excluding VAT, including at least EUR 200,000 in each year. If the bidder is not registered in Estonia or the data cannot be verified from public sources, the contracting authority may request extracts from annual reports or other evidence. Joint bidders may rely on each other’s figures.
The bidder must have properly performed at least one construction contract requiring a building permit within the last 60 months, under which either a gravel-surfaced road or a road with a harder surface of a higher category was built. The value of the works carried out under one contract must be at least EUR 50,000 excluding VAT, and at least EUR 50,000 must have been paid to the bidder under that contract. The contract may have started before the 60-month period, but the specified works must have been completed properly. The contracting authority may request additional documents for the reference contract, including a client confirmation.
With the bid, the bidder must confirm that it has reviewed the procurement object and the tender documents, understands all circumstances affecting the bid price, has the intellectual property and personal data processing rights needed to submit the bid and perform the contract, and that the offered equipment or goods are new, unused, defect-free and comply with the technical requirements. The bidder must also provide a power of attorney if the bid is not submitted by the legal representative, and in the case of a joint bid, a joint bidders’ power of attorney and confirmation. If needed, documents proving the representation rights and powers of a foreign company must also be submitted.