Compliance requirements
A bidder must be excluded if the bidder or relevant representatives have final convictions for participation in a criminal organisation, breach of integrity obligations, corruption, fraud, terrorism-related offences, money laundering, terrorism financing, illegal employment of foreign nationals, unlawful use of child labour or trafficking in human beings. Exclusion also applies where the bidder has tax, social security or environmental levy debts, or where the bidder or a relevant management or supervisory board member is subject to international sanctions. The bidder must confirm that none of the mandatory exclusion grounds under the applicable Public Procurement Act provision applies.
The contracting authority may also exclude a bidder for breaches of environmental, social or labour-law obligations, insolvency or liquidation, serious professional misconduct, anti-competitive agreements or coordinated conduct, an unremediable conflict of interest, an undisclosed advantage arising from involvement in preparing the procurement, serious or repeated failures under previous public contracts, false or misleading information, tax-related convictions, or lack of the legal right to submit a tender. The bidder must confirm that none of these discretionary exclusion grounds applies. Participation is not permitted for companies established or resident in the Russian Federation or the Republic of Belarus.
Qualification criteria and exclusion grounds
The bidder’s net turnover in each of the last three completed financial years must be at least EUR 200,000. The bidder must provide extracts from the annual accounts for those three financial years showing the turnover, unless the information concerning an Estonian-registered legal entity is publicly available to the contracting authority from a state database. If the financial year does not coincide with the calendar year, the requirement applies to the last three completed financial years, and at least six months must have elapsed since the end of the last completed financial year by the tender submission date.
During the 60 months preceding the start of the procurement, the bidder must have properly completed at least three contracts for electrical construction works similar to the subject matter of this procurement. At least one of those contracts must have had a value of at least EUR 100,000 excluding VAT. The bidder must submit a list stating the performance period, the other contracting party’s details and contact information, and the reference numbers for public contracts. Evidence of proper performance must be provided upon request unless the contracting authority can obtain it from public or private databases without disproportionate cost.
The team must include a person responsible for managing electrical works who has valid A-level competence and/or a qualification corresponding to at least level 6 under the Estonian Occupational Qualifications Act, holds the relevant evidence by the tender submission date, and is registered in the Elektrilevi Partner Portal before the submission deadline. The team must also include a person with switching rights for work-related switching operations in the 0.22–20 kV electricity network, registered in the portal before tenders are opened. For low-voltage-only works, at least MP switching rights are required; in other cases both MP and MV switching rights are required, including where low-voltage works require switching on the medium-voltage side. A person responsible for the work operation must also be registered in the portal before the submission deadline.
The tender must include a fully completed price table with all unit-price fields filled in, comply with all procurement documents, and contain no conditions or additional terms. The tender must include the names, positions and contact details of the contract signatory or signatories and a contract-performance contact person; a power of attorney must be added if signing authority does not arise from the articles of association. For a joint tender, the bidders must appoint an authorised representative and submit the relevant power of attorney. Materials, equipment and goods, including components, used in the works may not be produced in or originate from Russia or Belarus; origin certificates may be requested.