Compliance requirements
The bidder must confirm that none of the exclusion grounds under § 95(1)(1)–(3) and (5) of the Estonian Public Procurement Act, taking account of § 95(2), apply. The bidder must not be bankrupt, in liquidation, subject to bankruptcy or liquidation proceedings, have suspended business activities or be in an equivalent situation under the law of its country of establishment. The bidder must not have outstanding state tax, duty, environmental charge, tax or social security payment debts under the law of its country of establishment. The bidder must confirm that its employees’ average wage during the six-month reference period was more than 70% of the average wage in the relevant field during the same period and must prove this with an extract from the Estonian Tax and Customs Board or an equivalent competent authority. In a joint tender, evidence must be provided for each joint tenderer. The bidder must also confirm that it is not a related person to the technical consultant advising the beneficiary on the apartment building reconstruction.
Qualification criteria and exclusion grounds
The bidder must be registered in the Estonian Register of Economic Activities for construction activities covering general construction, indoor climate systems, and building or associated water supply and sewerage systems. For electrical works, the bidder must also be registered for the construction, including installation, of electrical installations. These registration requirements do not apply to foreign bidders, who must provide equivalent evidence of competence where appropriate.
The bidder’s net turnover in the financial year preceding the start of the procurement procedure must be at least twice the estimated contract value excluding VAT. In a joint tender, this requirement must be met independently by at least one joint tenderer; turnover may not be aggregated. The bidder must also confirm that it can provide, by the contract signing date or within 10 calendar days thereafter, a performance security equal to 5% of the contract value. An acceptable security may be a guarantee confirmed by a credit or financial institution or the deposit of the relevant amount into the beneficiary’s or a notary’s account, with the beneficiary remaining entitled to it throughout the construction period.
Within the 60 months preceding the start of the procurement procedure, the bidder must have completed at least one equivalent construction project with a value of at least half of the estimated contract value excluding VAT. The project must have been performed as the main contractor for the construction, extension or full reconstruction of a building and must have included construction or reconstruction of load-bearing structures and the external envelope, a heat-recovery mechanical ventilation system, and a heating system. Completion must be evidenced by a signed handover and acceptance certificate or by a building register use notice or occupancy permit reference.
The construction team must include a project manager with at least level 6 construction engineer or construction manager qualification in the required field, a site manager with at least level 5 construction works manager qualification in general construction, a ventilation and heating systems specialist with at least the required level 6 qualification, a water supply and sewerage systems specialist with at least the required level 6 qualification, and, for electrical works, a person with at least a class B competency certificate or a level 6 electrical engineer qualification for consumer electrical installations. Foreign bidders may propose persons with equivalent qualifications. The names and relevant certificate or qualification numbers must be submitted.
The bidder must have an implemented construction-sector quality management system meeting at least ISO 9001 requirements and an environmental management system meeting at least ISO 14001 requirements, or equivalent documentation. The tender must comply with all procurement documents and may not be conditional. The bidder must use the required tender form, clearly itemising costs under the beneficiary’s cost headings; the specified rows may not be changed, although necessary works and quantities may be added. Joint tenderers must submit a power of attorney stating each party’s share and role and are jointly and severally liable. The tender must be submitted by a statutory or authorised representative, with a power of attorney where required. Any claimed trade secret must be identified and justified. If equivalence is relied upon, supporting evidence must be submitted. Non-employee team members must provide written consent to their participation in the contract.