Compliance requirements
A tenderer, including each member of a joint tender, will be excluded if it is bankrupt or in liquidation, subject to bankruptcy or liquidation proceedings, has suspended business activities or is in a comparable situation. Exclusion also applies where the tenderer has outstanding national tax, payment or environmental charge debts, or tax and social security payment debts, unless the debt has been paid or rescheduled, or is paid or rescheduled within 10 calendar days after receiving notice of the ground for exclusion. The tenderer must not be subject to the exclusion grounds specified in Section 95(1), points 1–3 and 5 of the Estonian Public Procurement Act. The average remuneration of its employees during the reference period must also be at least 70% of the average remuneration in the field corresponding to the subject matter of the contract; this requirement does not apply where the tenderer has no employees. The reference period is six calendar months ending in the month before the month preceding the month in which the procedure was launched; for a newly established business, it starts in the month of establishment or commencement of business. A foreign tenderer must provide evidence from an equivalent competent authority in its country of establishment. The tenderer must not be a related person to the technical consultant advising the beneficiary on the apartment building reconstruction. Tax and remuneration data will be checked through registers or, where necessary, by evidence. If public-register checks are not possible, the contracting authority may request evidence issued no more than two weeks before the tender submission deadline. The tenderer will receive 10 calendar days to submit missing evidence; failure to do so results in exclusion.
Qualification criteria and exclusion grounds
The tenderer must have a registered economic activity notice in the field of construction covering general construction, indoor climate systems, and internal or associated water supply and sewerage systems. If electrical works are performed, the tenderer must also be registered for construction and installation of electrical installations. Foreign tenderers may provide equivalent evidence of competence.
The tenderer’s net turnover in the financial year preceding submission of the tender must be at least twice the estimated contract value excluding VAT. The input did not state the estimated contract value or the resulting exact turnover amount. The tenderer must be able to provide, by the contract signing date or within 10 calendar days after signing, a 5% performance guarantee confirmed by a credit or financial institution and valid throughout the construction period. Depositing the corresponding amount into the beneficiary’s account or a notary’s account is also acceptable if the beneficiary remains the entitled party throughout the period.
During the 60 months preceding the launch of the procedure, the tenderer must have completed at least one equivalent construction project as the main contractor, with a value of at least half the estimated contract value. The project must have involved construction, extension or full-building reconstruction and must have included construction or reconstruction of the building’s load-bearing structures and external envelope, heat-recovery mechanical ventilation, and a new heating system. Evidence must include the project name and building details, timing and value, together with the number of the building register occupancy notice or occupancy permit, or a copy of an acceptance certificate signed by the client and contractor.
The team must include a project manager with at least a level 6 building engineer qualification specialising in building construction and the required competence, or a level 6 construction manager qualification specialising in general construction. An object manager with at least a level 5 construction foreman qualification specialising in general construction is also required. The team must further include a ventilation and heating systems specialist with at least a level 6 heating, ventilation and cooling engineer qualification or an appropriate level 6 construction manager qualification; a water supply and sewerage systems specialist with at least a level 6 relevant engineer or construction manager qualification; and, where electrical works are performed, a person with at least a Class B competence certificate or a level 6 electrical engineer qualification for consumer electrical installations. The name and qualification or competence certificate number of each person must be provided, and the persons must participate in performing the works. Equivalent qualifications are allowed for foreign persons.
The tenderer must have a quality management system meeting at least EVS-EN ISO 9001 and an environmental management system meeting at least EVS-EN ISO 14001 in the field of construction, or equivalent documented systems. The tender must be submitted using the contracting authority’s form, with costs shown by the specified cost lines. Conditional tenders are not permitted. For a joint tender, a power of attorney must identify the size and nature of each member’s share of the contract; the members are jointly and severally liable. The tender must be submitted by a statutory or authorised representative, and an authorisation must be attached where applicable. If relying on an equivalent solution, the tenderer must provide evidence of equivalence. The tenderer must identify and justify any trade secret, or state that the tender contains none. If non-employed team members are used to demonstrate competence, written consent from each person to participate in contract performance must be provided.