Compliance requirements
The tenderer confirms that neither it nor its representatives or members of its management or supervisory bodies are subject to grounds for exclusion. These include convictions within the last five years, or a continuing exclusion period, for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering, terrorist financing, unlawful use of child labour or human trafficking.
Other grounds may include failure to pay taxes or social security contributions; bankruptcy or other insolvency proceedings; liquidation; administration of assets by a liquidator or court; suspension of business activities; breaches of environmental, social or labour law obligations; serious professional misconduct; agreements distorting competition; an unavoidable conflict of interest; an unremedied competitive advantage arising from involvement in preparing the procurement; material or repeated breaches of a previous contract; and misrepresentation or failure to provide required information or documents. The national grounds also include enabling a foreign national who is staying in the country unlawfully to work, being subject to an international sanction, and conviction for a tax offence.
The threshold for unpaid tax or social security contributions is EUR 0. However, an Estonian tax-debt certificate is not issued if the debt for taxes administered by the same tax authority, excluding interest not established by an administrative act, is below EUR 100 or payment has been deferred. For a foreign tenderer, the rules of its country of establishment apply. If a ground for exclusion applies, the tenderer may provide evidence of measures taken to restore its reliability where this is permitted. The tenderer must also confirm that it will not engage, during contract performance, a subcontractor who would have to be replaced under the law.
Qualification criteria and exclusion grounds
The tenderer’s net turnover must have been at least EUR 200,000 in each of the last three financial years closed by the start of the procurement. Joint tenderers and/or subcontractors may aggregate their turnover. The tenderer must confirm and provide turnover details in the ESPD; if the contracting authority cannot verify the turnover through annual reports in the commercial register, supporting evidence must be provided on request.
During the 60 months preceding the start of the procurement, the tenderer must have properly completed at least one construction or renovation contract for a similar public-use building in accordance with good construction practice. The building must have had a closed net floor area of at least 100 m², and the works must have included ventilation works. On request, the tenderer must provide the client’s confirmation of proper completion, including the building’s EHR code, the contract completion period and the closed net floor area.
During the 36 months preceding the start of the procurement, the tenderer must have properly completed at least one similar design contract. It must cover a renovation design for a public-use building with a closed net floor area of at least 100 m², take the acoustic requirements of the rooms into account and include a ventilation design. The work must have been properly completed by the start of this procurement. The tenderer must provide a list of contracts identifying the client and its representative, the design project, the contract price and the completion period.
The construction project manager must hold a professional qualification as a certified construction engineer at level 7 or higher, specialising in building construction and competent in construction management, or an equivalent qualification. The project manager must have experience with similar works on at least one building with a closed net floor area of at least 100 m².
The tender must include a pricing schedule. For a joint tender, a power of attorney for the joint tenderers must be included; the tenderer must identify and justify any information designated as a trade secret. The tender must comply with the procurement documents, and conditional tenders are not permitted. The tenderer must confirm that it has inspected the site. The document texts do not specify the award criteria.