Compliance requirements
The bidder must confirm that neither the company nor any member of its management, administrative or supervisory body, or any person authorised to represent, make decisions for or control it, has been convicted within the previous five years—or remains subject to an active exclusion order—for participation in a criminal organisation, corruption, fraud, terrorist offences or offences related to terrorist activity, money laundering or terrorist financing, unlawful use of child labour, or human trafficking.
Grounds for exclusion also include failure to pay taxes or social security contributions. For Estonian tax debt, an amount below EUR 100 is not treated as debt, and rescheduled debt is taken into account as such; for foreign bidders, the rules of their country of establishment apply. The bidder must also confirm that it and the relevant persons have not enabled a foreign national residing in Estonia without a legal basis to work, or breached the conditions for a foreign national’s employment in Estonia, including by paying less than the statutory wage.
Awarding the contract must not breach an international or Estonian government sanction. Participation is limited to bidders and entities relied upon by the bidder that are established in Estonia, another EU Member State, an EEA contracting state, or a WTO member bound by the Government Procurement Agreement; entities established in the Russian Federation or Belarus may not participate. The bidder must confirm that it will not engage a subcontractor who would have to be replaced under the law. The contracting authority will check first-tier subcontractors; by the start of contract performance, the successful bidder must provide their names, contact details and information about their legal representatives. Evidence of remedial measures to restore reliability may be submitted where permitted by law or the procurement documents.
Qualification criteria and exclusion grounds
Within the 60 months preceding publication of the contract notice, the bidder must have properly completed at least one similar construction contract as the main contractor. The reference work must have involved construction of a new solar power plant with a production capacity of at least 100 kW, and the client must have accepted the work. The ESPD must identify the work and plant capacity, the bidder’s role, the contract and work period, and the client and its contact person. At the contracting authority’s request, the bidder must provide the client’s confirmation or other evidence that the work was properly completed.
The bidder must appoint a construction project manager responsible for managing the works and performing the contract. The project manager must hold at least one of the following qualifications: level 6 electrical engineer specialising in building electrical installations, with the relevant works-management competence and the optional competence for construction and operation; or a level 6 electrical engineer specialising in electrical networks and systems, with the required competence in organising their operation and the competence to construct and operate primary network equipment or relay protection and automation; or a class B electrical competence certificate. Evidence of the professional qualification or competence must be provided at the contracting authority’s request. For certificates issued abroad, evidence of equivalence must also be provided. If the project manager is not employed by the bidder or the bidder relies on another entity’s resources, the relevant participation confirmation or entity’s consent and that entity’s ESPD must be provided at the contracting authority’s request.
The tender must comply with the procurement documents; conditional tenders are not permitted. The tender price must follow the prescribed structure and be based on the completed bill of quantities. All unit-price and price fields, the total cost, the 24% VAT and the total including VAT must be completed, with prices stated to two decimal places. The specified work names, descriptions, units, quantities, other data and calculation formulas must not be changed or deleted.
The tender must identify the manufacturer and model of the solar panels, inverter and battery system, and include manufacturer datasheets or other documents proving compliance with the technical specification and applicable warranty requirements. For the inverter, compliance with operating-temperature requirements must also be evidenced. Any proposed equivalent must be explained and supported by evidence. The person submitting or signing the tender must be authorised to represent the bidder; a power of attorney must be included where required. Joint bidders must submit a power of attorney signed by all members and are jointly and severally liable for contract performance. The bidder must identify and justify any information claimed as a trade secret; the tender price and evaluation indicators may not be designated as trade secrets.