Compliance requirements
The contracting authority will exclude a bidder if any exclusion ground under Section 95(1) of the Public Procurement Act applies. The bidder must confirm that neither the bidder nor persons with representation, management or control rights have been convicted of corruption, fraud, a terrorist offence, money laundering, terrorist financing, or offences related to the use of child labour or human trafficking. The bidder must also confirm that it has no tax, fee or environmental charge arrears, or equivalent arrears in its country of establishment, and that the contract award does not breach an international sanction or a sanction of the Government of the Republic of Estonia. If the bid is submitted with a foreign entity, documents proving the absence of exclusion grounds must also be provided for that entity and its representation and control persons. If the contracting authority cannot verify the information from public registers, it may request additional evidence.
Qualification criteria and exclusion grounds
The bidder must have total net turnover of at least EUR 3,000,000 excluding VAT for the last three completed financial years before the start of the procurement, with at least EUR 1,000,000 in each year. If the bidder is not a legal entity registered in Estonia, or if the information is not available to the contracting authority from public sources, or if the submitted information does not allow the authority to verify compliance in substance, the bidder must provide extracts from annual reports and/or other documents proving compliance. Joint bidders may rely on each other’s figures.
The bidder must have properly performed at least one construction contract for a 110 kV or higher-voltage substation within the 60 months preceding the publication date of the contract notice, including design work for such a substation. The contract value must have been at least EUR 450,000 excluding VAT, and at least EUR 450,000 must have been paid to the bidder under the contract. The contract may have started before the 60-month period and does not have to be completed by the notice date, but the required works and design must have been performed properly within the period set by the contracting authority. On request, the bidder must submit additional documents, including a client reference, if the authority cannot verify the information from public registers without significant effort. The authority may provide a form.
If the bidder relies on another entity’s figures, the supporting entity must provide a written confirmation signed by an authorised signatory stating: no exclusion grounds under Section 95(1) of the Public Procurement Act, consent to the reliance, an explanation of how it will participate in performance so that the bidder can use its previous experience, and confirmation that the bidder and the supporting entity are jointly liable for proper performance of the contract.