Compliance requirements
A bidder will be excluded if it is bankrupt, being liquidated, subject to bankruptcy or liquidation proceedings, has suspended business activities, or is in a similar situation under the law of its country of establishment. Exclusion also applies where the bidder has outstanding state tax, payment, environmental charge, tax or social security payment debts, unless the debt has been paid or deferred, or will be paid or deferred within 10 calendar days after receiving notice of the ground for exclusion. The bidder must not be subject to the grounds referred to in Section 95(1), points 1–3 and 5, of the Estonian Public Procurement Act, and must not be a related person to the technical consultant advising the beneficiary on the apartment building reconstruction. During the six-month reference period, the bidder’s employees’ average wage must have been at least 70% of the average wage in the same period in the sector corresponding to the subject matter of the contract; this requirement does not apply to an entity with no employees. A foreign bidder must provide evidence from an equivalent competent authority. The bidder must submit an electronically sealed Tax and Customs Board extract showing the average employee wage and a confirmation that no relevant criminal convictions exist; for a joint tender, the corresponding documents are required for all joint tenderers. If the grounds cannot be checked through public registers, the contracting authority may request evidence issued no more than two weeks before the tender submission deadline. The bidder will have 10 calendar days to provide missing evidence; failure to do so leads to exclusion.
Qualification criteria and exclusion grounds
The bidder must hold a valid economic activity notice in the Estonian Register of Economic Activities for construction, covering general construction, indoor climate systems, and internal or associated water supply or sewerage systems. If electrical works are performed, the bidder must also be registered for electrical works involving the construction and installation of electrical installations. A foreign bidder may provide equivalent evidence of competence instead of the Estonian registration.
The bidder’s net turnover in the financial year preceding submission of the tender must be at least twice the estimated value of the contract excluding VAT. The input does not state the estimated contract value, so the exact turnover amount cannot be specified. In a joint tender, at least one joint tenderer must meet this requirement independently; turnover figures may not be aggregated. Turnover data must be submitted using Form 4.
By the date of signing the construction contract at the latest, the bidder must be able to provide a construction-period guarantee confirmed by a credit or financial institution, amounting to 5% of the construction contract value. If it is not provided at contract signature, it must be provided within 10 calendar days after signature, and it must remain valid throughout the construction period. Depositing the corresponding amount into the beneficiary’s or a notary’s account is also acceptable, provided that the beneficiary remains the entitled party throughout the period. The tender must include confirmation that this guarantee can be provided.
Within the 60 months preceding the start of the procurement, the bidder must have completed at least one equivalent construction project as main contractor, with a value of at least half of the estimated VAT-free contract value. The project must have involved construction, extension or full reconstruction of a building and at least the construction or reconstruction of load-bearing structures and external envelopes, heat-recovery mechanical ventilation, and a new heating system. Completion must be evidenced by a handover and acceptance certificate signed by the client and contractor, or by a use notice or occupancy permit recorded in the Building Register. Form 5 must be submitted.
The team must include a project manager with at least the required Level 6 civil engineer or construction manager qualification, a site manager with at least a Level 5 construction works manager qualification, a ventilation and heating systems specialist with at least the required Level 6 qualification, a water supply and sewerage systems specialist with at least the required Level 6 qualification, and, where electrical works are performed, a person holding at least a Class B competence certificate or a Level 6 electrical engineer qualification. Foreign bidders may provide personnel with equivalent qualifications. The first and last names and professional certificate numbers of the specialists must be submitted.
For construction activities, the bidder must have a quality management system complying with ISO 9001 and an environmental management system complying with ISO 14001, or equivalent systems. Copies of the certificates or equivalent documents must be submitted, together with the issuer and certification details or a URL providing access to the information.
The tender must state the total price and include the completed construction works pricing table in Form 3. Any trade secret must be clearly identified and justified. A joint tender must include a power of attorney for the joint tenderers; if it is missing, the contracting authority may allow 10 calendar days for submission.