Compliance requirements
A bidder must be excluded if it or a person with authority to represent, direct or control it has been convicted of participation in a criminal organisation, breach of integrity obligations, corruption, fraud, terrorism-related offences, money laundering or terrorist financing; offences involving unlawful employment or underpayment of foreign workers; or illegal child labour or human trafficking. Exclusion is also mandatory for tax, social security contribution or environmental charge arrears, and where the bidder or a relevant management or supervisory body member is subject to an international sanction, unless awarding the contract would not breach that sanction.
The contracting authority may also exclude a bidder for breaches of environmental, social or labour obligations; bankruptcy, liquidation, suspended business or a similar situation; serious professional misconduct; collusion or other anti-competitive conduct; an unavoidable conflict of interest; involvement in preparing the procurement where this creates an unremediable competitive advantage; serious or repeated failure to perform a previous public contract; false or missing information or documents concerning exclusion or qualification; attempts to improperly influence the contracting authority, obtain confidential information or otherwise mislead it; convictions for tax offences; or lack of the legal right to submit a bid. The bidder must confirm that none of the mandatory or discretionary exclusion grounds apply.
Qualification criteria and exclusion grounds
The bidder’s net turnover must have been at least EUR 100,000 in each of the two most recently completed financial years. The bidder must provide extracts from the annual accounts for those years showing net turnover, unless the information is publicly available to the contracting authority in an Estonian register.
During the 60 months preceding publication of the contract notice, the bidder must have completed at least three electrical construction contracts for a network operator within the meaning of the Electricity Market Act. The combined value of the reference contracts must be at least EUR 200,000 excluding VAT. The bidder must submit a list stating each contract’s value, dates, contracting parties and, where available, the public procurement register reference number. Evidence of proper performance must be provided on request if the contracting authority cannot obtain it from databases without significant effort.
The bidder must have an electrical works supervisor with valid A-level competence and/or a qualification of at least level 6, registered in the EPP environment before bids are opened. It must also have a person appointed as responsible for the work operation, registered in EPP before bids are opened. The building project must be prepared by a qualified level 7 chartered civil engineer and/or a general-construction designer with a qualification of at least level 7; current evidence of the designer’s qualification must be submitted.
The bid must comply with all procurement documents, and conditional bids or bids with additional conditions are not permitted. The bidder must submit the completed price schedule using Form 1 and fill in every unit-price field. If subcontractors are planned, their details must be provided using Form 2. The bidder must provide the contract signatory’s name, title, contact details and evidence of authority to sign; a power of attorney is required if signing authority does not arise from the articles of association. A contact person for contract matters must also be named.
The bidder must confirm that its registered or residential location is not in Russia or Belarus. Materials, equipment and goods used in the works, including components, must not originate from Russia or Belarus; the contracting authority may request certificates of origin. The bidder must identify and justify any trade secrets, but may not classify the bid price or other specified evaluation-related figures as trade secrets.
Payment is due within 14 calendar days for contracts up to EUR 59,999, 35 days for contracts from EUR 60,000 to EUR 249,999, and 45 days for contracts of EUR 250,000 or more. Participation in the contracting authority’s factoring programme results in a 95-calendar-day payment period.