Compliance requirements
A bidder will be excluded if it is bankrupt or being wound up, is subject to insolvency or winding-up proceedings, has suspended its business activities, or is in a comparable situation. Exclusion also applies where the bidder has outstanding national taxes, duties or environmental charges, or unpaid tax or social security contributions. The ground is remedied if the debt is paid or a repayment arrangement is made within 10 calendar days of receiving the relevant notice.
The bidder must not be subject to any of the grounds in points 1–3 or 5 of subsection 95(1) of the Public Procurement Act, taking subsection 95(2) into account. Tax and Customs Board records must show that, during the six-month reference period, the bidder’s employees’ average wage was not below 70% of the average wage in the relevant sector for the same period. The reference period ends in the calendar month preceding the month before the procurement was commenced. For a bidder established or commencing business later, the period begins in the month of establishment or commencement. The wage requirement does not apply if the bidder has no employees. A foreign bidder must provide evidence from an equivalent competent authority.
The bidder must not be a related person to the technical consultant advising on the apartment building’s reconstruction. In a joint tender, the tender is excluded if any joint bidder is subject to an exclusion ground. If the absence of an exclusion ground cannot be checked in public registers and evidence was not submitted with the tender, the contracting authority may require the evidence within 10 calendar days; failure to provide it by the deadline results in exclusion.
Qualification criteria and exclusion grounds
All the following requirements apply to every lot.
- The bidder must be registered for construction activities covering general construction, indoor climate systems, and internal or associated water supply or sewerage systems. For electrical work, registration must cover construction and installation of electrical installations. Foreign bidders do not need an Estonian register entry and may provide equivalent evidence of competence where applicable.
- The bidder’s net turnover in the financial year preceding submission of the tender must be at least twice the estimated value of the contract to be awarded, calculated exclusive of VAT. Turnover must be stated to the nearest euro.
- No later than the date of signing the construction contract, the bidder must be able to provide an on-demand guarantee issued by a credit institution, financial institution or insurer, for 5% of the construction contract value excluding VAT. If the contract is signed before the guarantee is provided, it must be submitted within 10 calendar days of signing. The guarantee must remain valid throughout the construction period. A deposit of the corresponding amount into the contracting authority’s or a notary’s account is also acceptable, provided the contracting authority remains entitled to the funds throughout the construction period. Joint bidders may meet this requirement together.
- During the 60 months preceding commencement of the procurement, the bidder must have completed at least one equivalent construction project as main contractor, with a value of at least half the estimated value of the contract to be awarded. The project must have involved construction, extension or whole-building reconstruction and included at least construction or reconstruction of the load-bearing structures and external envelope, heat-recovery mechanical ventilation, and a new heating system. Completion must be evidenced by a handover and acceptance certificate or by building register data showing an occupancy notice or occupancy permit. The bidder must provide the project and building details, dates and value, and information confirming the required works and its role as main contractor. Evidence must include a reference to the building register occupancy notice or permit, or a copy of the handover and acceptance certificate approved by the client and contractor.
- The team must include the following qualified specialists: a project manager with at least a level 6 building engineer qualification, specialising in building construction and competent in managing construction activities, or a level 6 construction manager qualification specialising in general construction; a site manager with at least a level 5 construction foreman qualification specialising in general construction; a ventilation and heating systems specialist with at least a level 6 heating, ventilation and cooling engineer qualification and the required competencies in managing construction of heating and ventilation systems, or a level 6 construction manager qualification specialising in indoor climate systems; and a water supply and sewerage specialist with at least a level 6 water supply and sewerage engineer qualification and competence in managing construction activities, or a level 6 construction manager qualification specialising in internal or associated water supply and sewerage systems. Electrical work requires a person with at least a B-class competence certificate or a level 6 electrical engineer qualification for consumer electrical installations. Foreign bidders may provide specialists with equivalent qualifications. The bidder must provide each specialist’s name and qualification certificate number. If relying on another person’s qualifications, the bidder must include that person’s signed commitment to participate in contract performance.
- The team must include an authorised architect at level 7, or a person with equivalent foreign qualifications, responsible for ensuring that the building design complies with the requirements of the New European Bauhaus. The architect’s confirmation must be provided.
- The bidder must have a quality management system in the construction sector meeting at least the requirements of EVS-EN ISO 9001 or an equivalent system, and an environmental management system meeting at least EVS-EN ISO 14001 or an equivalent system. The relevant evidence must be submitted.
- For a joint tender, a power of attorney appointing an authorised representative must be included. The price must be submitted in the required structure, together with the tender form specified in the procurement documents; the sum of its component prices and unit prices must equal the price stated in the tender. The bidder must identify any trade secret and explain its designation; the tender price and figures used to assess the award criteria may not be designated as trade secrets. By submitting a tender, the bidder confirms acceptance of the procurement document conditions. Conditional tenders are not permitted. The machine-readable notice does not provide details of the award criteria.