Compliance requirements
A bidder will be excluded if the bidder, a member of its administrative, management or supervisory body, a procurator, or a person authorised to represent, make decisions for or control the bidder has been convicted of participation in a criminal organisation, breach of the duty of integrity, corruption, fraud, a terrorist offence or an offence related to terrorist activities, money laundering, or terrorist financing. Grounds for exclusion also include convictions for allowing a foreign national who is unlawfully present in the country to work, or for enabling a breach of the conditions for a foreign national’s employment in Estonia, including paying less than the required wage; and for unlawful use of child labour or an offence related to human trafficking. The bidder must not have outstanding national taxes, charges or environmental charges, or tax or social security contribution arrears under the laws of its country of establishment.
The contracting authority may also exclude a bidder that has materially or repeatedly breached essential terms of a previous public contract where this led to withdrawal from or termination of the contract, a price reduction, compensation for damage or a contractual penalty. Exclusion may also apply if the bidder provided false information about compliance with the selection criteria or failed to provide required information or additional documents. The bidder must confirm that none of the mandatory or discretionary grounds for exclusion apply.
Qualification criteria and exclusion grounds
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 of this contract. At least one contract must have been worth EUR 65,000 or more, excluding VAT. The bidder must provide a list of contracts stating their performance periods, the other contracting parties and the contact details of the client’s representative, and, for public contracts, the procurement reference numbers. The contracting authority may request evidence that the contracts were properly performed.
The bidder’s team must include a worker authorised to carry out the required switching operations in 0.22–20 kV electricity networks, registered in Elektrilevi’s Partner Portal before tenders are opened. For low-voltage works only, low-voltage switching rights are sufficient; in other cases, both low- and medium-voltage switching rights are required. The team must also include a person appointed to be responsible for the work operation, registered in the Partner Portal before the tender submission deadline. The person directing the electrical works must hold valid A-class competence and/or a qualification of at least level 6 under the Professions Act, possess the relevant evidence, and be registered in the Partner Portal before the submission deadline.
The tender must comply with the procurement documents and be unconditional. The bidder must submit a price table using the form in the procurement documents and complete every unit-price field. The bidder must provide the name, job title and contact details of each contract signatory, as well as the contact person for contract-performance matters. If a signatory’s authority to represent the bidder does not arise from the articles of association, a power of attorney must be included. For a joint tender, a power of attorney for the joint bidders must be provided. The bidder must identify any trade secrets and explain why they qualify as such; the tender price and figures relating to the award criteria may not be designated as trade secrets. Materials, equipment and goods originating from or produced in Russia or Belarus may not be used in the works, and the contracting authority may request certificates of origin. Companies established in Russia or Belarus may not participate.
The contracting authority’s standard payment periods run from receipt of the invoice: 14 calendar days for contracts up to EUR 59,999; 35 calendar days for contracts from EUR 60,000 to EUR 249,999; and 45 calendar days for contracts of EUR 250,000 or more. Joining the contracting authority’s factoring programme results in a payment period of 95 calendar days. The supplied documents do not specify the award criteria; these should be checked in the procurement documents.