Compliance requirements
The bidder must confirm that neither it nor the members of its management, administrative or supervisory bodies have been finally convicted within the last five years for participation in a criminal organisation, corruption, money laundering or terrorist financing, use of child labour or other forms of human trafficking, participation in a criminal organisation, committing a terrorist act or offences related to terrorist activity, or any other exclusion grounds listed in the ESPD. If an exclusion ground applies, the bidder may submit evidence of self-cleaning measures where permitted. The ESPD also requires confirmation that the bidder will not use a subcontractor subject to replacement under Section 122(7) of the Public Procurement Act in performing the contract, and that subcontractors or suppliers linked to the Russian Federation will not be used for more than 10% of the contract value, as required by the sanctions rules.
Qualification criteria and exclusion grounds
The bidder must prove that it has at least one suitable previous construction contract completed within the 60 months before the start of the procurement. This requirement can be met in two alternative ways: either by having fully built or reconstructed at least 25 km of drainage ditches, at least 60 culverts with a diameter of at least 400 mm, and roads totalling at least 10 km or 50,000 m2; or by having fully carried out land improvement renewal or maintenance covering at least 125 km of ditch restoration, maintenance of at least 300 culverts, and road construction or reconstruction totalling at least 10 km or 50,000 m2. The bidder must provide the ESPD data on these contracts and, upon the contracting authority’s request, a list of the main contracts and the client confirmations that the works were carried out properly. The tender must comply with all requirements set out in the procurement documents; conditional tenders are not allowed. If equivalent solutions or evidence are used, their equivalence must be explained and proven. Required forms and confirmations must also be submitted, including a joint bid power of attorney if the tender is submitted jointly.