Compliance requirements
The bidder, its management or supervisory body members, and persons authorised to represent or control it must not have been finally convicted during the last five years of corruption, fraud, terrorism or terrorist offences, money laundering or terrorist financing, illegal child labour, human trafficking, or participation in a criminal organisation. The bidder must also have no outstanding tax or social security debt and must not have breached applicable environmental, social or labour law obligations.
Additional exclusion grounds may include bankruptcy, liquidation, insolvency proceedings, an agreement with creditors, assets being administered by a liquidator or court, suspended business activities, serious professional misconduct, agreements restricting competition, a conflict of interest, involvement in preparing the procurement, serious breach or early termination of previous public contracts, and the submission of false information or failure to provide required documents.
The bidder must not be subject to international sanctions and must not be established in Russia or Belarus. The bidder must not use subcontractors, suppliers or supporting entities representing more than 10% of the contract value if they are Russian nationals, entities established in Russia, entities more than 50% directly or indirectly owned by such persons or entities, or persons acting on their behalf or under their instructions. Participation is limited to entities established in Estonia, the European Union, the European Economic Area or a country covered by the WTO Government Procurement Agreement. The bidder must confirm that it will not use a subcontractor subject to an exclusion ground. Where an exclusion ground exists, evidence of remedial measures may be submitted in certain circumstances; the applicable submission procedure must be checked in the tender documents.
Qualification criteria and exclusion grounds
The bidder must be registered in the commercial register of its country of establishment. Its average annual net turnover from construction of public water supply and wastewater facilities during the last three financial years completed by the time of submission must be at least EUR 500,000. This must be provided using Form 4.
During the 36 months preceding the start of the procurement, the bidder must have completed at least one public water supply and wastewater pipeline construction project involving at least 1 km of pipelines. The bidder must provide a short description of the works, the performance period, the client’s contact details and, where applicable, the procurement reference number. Evidence of proper performance must be provided on request. This information must be submitted using Form 5.
The team must include a project manager or contractor’s representative holding at least a level 7 or higher diploma-level qualification as a water supply and wastewater engineer, at least three years of experience as a construction company project manager, and experience during the last three years in delivering at least three construction contracts as a 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 must have been completed by the tender submission deadline, except for any continuing warranty period. The project manager must have Estonian language proficiency at least at level C1 or speak Estonian as a native language.
The site manager must hold at least a level 6 or higher qualification as a water supply and wastewater engineer, 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 delivering at least three public water supply and wastewater construction contracts as a site manager or assistant. The site manager must have Estonian language proficiency at least at level B2 or speak Estonian as a native language. The project manager and site manager roles may be performed by the same person. Forms 6 and 8 must be submitted for key specialists. If a specialist’s employer is not participating in the bid, the employer’s consent must be submitted using Form 7.
The tender must be in Estonian, signed by the bidder’s legal or authorised representative, and prepared in accordance with the tender documents. Where applicable, the authorisation to sign (Form 3), joint tenderer authorisation (Form 1), tender form (Form 2), price schedule and subcontractor confirmation (Form 9) must be included. Conditional tenders are not permitted. If an equivalent solution is offered, its equivalence must be explained and supported with appropriate evidence.