Compliance requirements
The bidder must confirm that neither it nor its management or supervisory body members or authorised representatives have been finally convicted during the last five years of corruption, fraud, terrorist offences, money laundering or terrorist financing, illegal use of child labour, human trafficking or participation in a criminal organisation. Exclusion may also apply for breaches of tax or social security payment obligations, environmental, social or labour law, bankruptcy or other insolvency, liquidation, suspended business activity, serious professional misconduct, anti-competitive agreements, conflicts of interest, serious breaches or early termination of previous public contracts, or the submission of false information or failure to provide required documents. The notice also covers offences relating to employing unlawfully present foreign nationals, international sanctions and tax offences. The bidder must confirm that its place of residence or establishment is in Estonia, an EU Member State, an EEA contracting state or a country covered by the relevant public procurement agreement, and that it is not established in Russia or Belarus. The bidder must not use prohibited subcontractors, suppliers or supporting entities, including Russian persons or entities owned or controlled by them. Where an exclusion ground exists, the bidder must provide the required explanations and, where applicable, evidence of remedial measures demonstrating restored reliability.
Qualification criteria and exclusion grounds
The bidder must be registered in the relevant business register of its country of establishment; for an Estonian company, the contracting authority will verify the registration itself. The bidder’s average annual net turnover from construction of public water supply and wastewater facilities during the last three financial years completed before submission of the bid must be at least EUR 500,000. Turnover must be provided using Form 4.
During the 36 months preceding the start of the procurement, the bidder must have completed at least one project involving the construction of public water supply and wastewater pipelines, with at least 1 km of such pipelines constructed within the project. The bidder must provide a short description of the contract, the performance period, client and contact details, and the procurement reference number where applicable. Evidence of proper performance must be provided upon request. Experience must be submitted using Form 5.
The team must include a project manager or contractor’s representative holding at least level 7 Diplôme-level water supply and wastewater engineer qualification, with at least three years of experience as a construction company project manager and experience during the last three years in implementing at least three construction contracts as project manager. The total length of public water supply and wastewater pipelines constructed under those contracts must be at least 1 km. The referenced works must have started in 2021 or later and been completed by the bid submission deadline, although the construction warranty period may still be running. The project manager must have Estonian language proficiency of at least level C1 or be a native speaker.
The site manager must hold at least level 6 water supply and wastewater engineer qualification, have at least three years of experience as a contractor’s site manager or assistant site manager, and have experience during the last three years in implementing at least three public water supply and wastewater construction contracts. Estonian language proficiency must be at least level B2 or the person must be a native speaker. The project manager and site manager roles may be performed by the same person.
The designer must hold either level 7 Diplôme-level or level 8 authorised water supply and wastewater engineer qualification, specialising in external water supply or wastewater, with competence in design or design management. At least three years of design experience and experience during the last three years in preparing at least three projects are required; the total length of pipelines designed under those projects must be at least 1 km. The referenced works must have started in 2021 or later and been completed by the bid submission deadline, although the construction warranty period may still be running. The designer must have Estonian language proficiency of at least level C1 or be a native speaker.
The bidder must submit the key specialists list using Form 6 and CVs using Form 8. If a key specialist’s employer is not participating in the bid, the employer’s consent using Form 7 must be attached; a bidder from another country must provide, where necessary, evidence of equivalent professional qualifications. In a joint bid, a power of attorney using Form 1 must be included. The bid must be submitted in Estonian, signed by the bidder’s legal or authorised representative, and Form 3 must be attached where the signatory acts under authorisation. The bid must comply with all tender documents and must be unconditional. The price must follow the prescribed structure and be provided using Form IV Price Schedule. Where subcontractors are used, their confirmations must be submitted using Form 9. Any equivalent solution must be explained where necessary and supported by evidence of equivalence.