Compliance requirements
A bidder will be excluded if it is bankrupt, being wound up, subject to bankruptcy or liquidation proceedings, has suspended its business activity 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 or environmental-charge debts, or tax and social-security contribution debts, unless the debt has been paid or rescheduled, or is paid or rescheduled within 10 calendar days after receiving notice of the exclusion ground. The bidder must not be subject to the grounds listed in subsection 95(1), points 1–3 and 5, of the Estonian Public Procurement Act. The average salary of the bidder’s employees during the reference period must not be less than 70% of the average salary in the same period in the field corresponding to the subject matter of the contract; this requirement does not apply to an entity with no employees. The reference period is six calendar months ending in the month before the month preceding the month in which the procurement was launched. A foreign bidder must provide evidence from an equivalent competent authority in its country. The bidder must also not be a related party to the technical consultant advising the beneficiary on the apartment building reconstruction. Tax and other evidence may be requested if the information cannot be verified through public registers; such evidence must generally have been issued no more than two weeks before the submission deadline. If requested information or documents are not submitted within the 10-calendar-day period granted by the contracting entity, the bidder will be excluded.
Qualification criteria and exclusion grounds
For the construction works, the bidder must be registered in the Estonian Register of Economic Activities in the field of construction, covering general construction, indoor climate systems, and internal or related water-supply and sewage 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 professional capacity.
The bidder’s net turnover in the financial year preceding submission of the bid must be at least twice the estimated value of the contract excluding VAT; the turnover must be stated to the nearest euro. By the date of signing the construction contract, the bidder must be able to provide an on-demand guarantee issued by a credit or financial institution or an insurer, amounting to 5% of the contract price excluding VAT. If not provided earlier, the guarantee must be submitted within 10 calendar days after contract signing and remain valid throughout the construction period. Depositing an equivalent amount with the beneficiary or a notary is also accepted.
Within the 60 months preceding the launch of the procurement, the bidder must have completed at least one equivalent construction project as the main contractor, with a value of at least half of the estimated contract value. The project must have involved constructing, extending or fully reconstructing a building and must have included 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 building register notice of use or occupancy permit number, or by a handover and acceptance certificate signed by the client and contractor.
The team must include a project manager with at least level 6 building engineer or construction manager qualifications, a site manager with at least level 5 construction foreman qualifications, a ventilation and heating systems specialist with the required level 6 engineering or construction manager qualifications, a water-supply and sewage systems specialist with the required level 6 qualifications, and an electrical works specialist with at least a class B certificate of competence or a level 6 electrical engineer qualification for consumer electrical installations. The bid must state the names and professional certificate numbers of these persons. If the bidder relies on another person’s qualifications, signed commitments from those persons to participate in contract performance must be included.
The bidder must have an ISO 9001-compliant or equivalent quality management system and an ISO 14001-compliant or equivalent environmental management system applied in the construction field. The bid price must be submitted in the required structure and on the prescribed bid form; the sum of the component prices and unit prices must equal the stated total price. For a joint bid, a power of attorney for the joint bidders’ authorised representative must be included. The bid must be unconditional and comply with all tender documents. Any trade secret must be identified and justified; the bid price and relevant numerical figures used for evaluation may not be classified as trade secrets.