Compliance requirements
The contracting authority will exclude a bidder if the bidder, or a member of its administrative, management or supervisory body, a procurator or another person authorised to represent, decide for or control the bidder, has been convicted of participation in a criminal organisation, breach of the duty of integrity, corruption, fraud, terrorist offences or related incitement, aiding or attempt, money laundering or terrorist financing.
The bidder will also be excluded if the above persons have been convicted of enabling work for a foreign national staying in the country without legal basis or of enabling a breach of the conditions for employing a foreign national in Estonia, including paying wages below the statutory wage rate; or of illegal use of child labour or human trafficking.
The bidder will be excluded if it has tax, fee or environmental charge arrears under Estonian law, or tax or social security contribution arrears under the law of its country of establishment.
The bidder will also be excluded if contract award would breach an international sanction or a Government of the Republic sanction within the meaning of the International Sanctions Act.
The contracting authority may exclude a bidder that has seriously or persistently breached an essential term of a previously concluded public contract, resulting in termination, withdrawal, price reduction, compensation of damage or payment of a contractual penalty.
The contracting authority may also exclude a bidder that has provided false information about the absence of exclusion grounds or compliance with the qualification requirements, or has failed to submit the required data or additional documents.
The bidder must submit confirmations of the absence of exclusion grounds on the HD Annex 5 form. In a joint tender, all joint bidders must submit the confirmations and complete the relevant fields on HD Annex 5.
Qualification criteria and exclusion grounds
The bidder must be registered in the commercial register of an EU Member State, an EEA contracting state or a WTO GPA member state, if this is required by the laws of the bidder’s country of establishment. On request, the bidder must provide a copy of a valid registration certificate; an Estonian bidder does not need to provide it.
Within the 36 months before the start of the procurement, the bidder must have performed at least one contract worth at least EUR 25,000 excluding VAT. Under that contract, railway superstructure maintenance and/or construction and/or repair works had to be carried out on public railway lines. On request, the bidder must provide the client’s confirmation that the works were carried out without material breaches.
If the bidder relies on the resources of another undertaking, it must provide details of that person and also submit that person’s confirmations on HD Annex 5.1.
An object manager must be included in the team as the responsible person. The object manager must have at least railway track mechanic level 4 professional qualification, or an equivalent qualification in the country of establishment. In addition, within the previous 36 months the person must have performed the duties of a works manager or object manager in at least one railway infrastructure maintenance and/or repair contract worth at least EUR 20,000 excluding VAT, including temporary restriction or closure of rail traffic and reopening of traffic or lifting of the restriction at the end of the work period. The person must have been directly responsible for work quality and safe rail traffic at all stages. The bidder must submit the object manager’s CV on HD Annex 7. The professional certificate must be verifiable in the SA Kutsekoda public register, or a copy of the document proving the qualification must be provided. A foreign professional certificate must, where required, have been recognised by the competent Estonian authority (TTJA), or proof must be provided that an application for recognition has been submitted. The certificate or its recognition must remain valid for the entire contract period.