Compliance requirements
The bidder will be excluded if the bidder, or a member of its administrative, management or supervisory body, its procurator, or a person authorised to represent, control or make decisions for the bidder has a relevant criminal conviction, including for participation in a criminal organisation, corruption, fraud, terrorism, money laundering or terrorist financing. Exclusion also applies to convictions for enabling the employment of an unlawfully residing foreign national or violating the conditions for employing a foreign national in Estonia, including paying wages below the statutory rate, as well as for unlawful use of child labour or human trafficking.
The bidder must not have outstanding national tax, payment or environmental charge liabilities, or tax or social security contribution debts under the law of its country of establishment. Awarding the contract must not breach an international sanction or a sanction imposed by the Republic of Estonia.
The contracting authority may also exclude a bidder for a material or repeated breach of a previous public contract where this resulted in withdrawal from the contract, termination, a price reduction, compensation for damage or a contractual penalty. A bidder may also be excluded for providing false information or failing to submit required information or documents. The bidder must submit a declaration confirming the absence of exclusion grounds.
Qualification criteria and exclusion grounds
The bidder must hold a registration in the owner’s supervision field in the Register of Economic Activities. The required competence may also be demonstrated through a subcontractor, but in that case the bidder must submit the subcontractor’s details, consent to relying on its resources, and confirmation that it will participate in performing the contract.
The contract must be performed with a responsible owner’s supervision specialist who has a Level 7 professional qualification as a chartered civil engineer, specialising in building construction and possessing competence in owner’s supervision, or an equivalent qualification. The specialist must have at least 5 years of experience in owner’s supervision and, during the 36 months preceding the start of the procurement, experience supervising the construction works of at least one similar construction project. A similar project may involve sports or leisure infrastructure, a technical facility or another comparable facility where a building or structure and technical systems or technical facilities were constructed or reconstructed.
The bid must include the responsible specialist’s CV, stating the professional qualification, a list of completed contracts, and confirmation that the specialist can be used until the end of the contract period. If the specialist is not registered as the bidder’s competent person, the specialist must sign the CV. The bidder must also be able to provide specialists competent to supervise water supply and sewerage works and electrical works. One person may perform several specialist functions if they hold the required qualification and competence. At the contracting authority’s request, the bidder must provide the specialists’ details and evidence of their qualifications and competence.
The bid must be submitted by the bidder’s legal or authorised representative; an authorisation document must be included when applicable. The bidder must submit the participation application, the responsible specialist’s CV and the CVs of the specialists for the separate technical disciplines. The bid price must follow the required structure and be final, including all costs related to contract performance. If subcontractors are used, their consent and details must be submitted. Any trade secret must be identified and justified, but the bid price and item prices may not be classified as trade secrets.