Compliance requirements
A bidder must be excluded if the bidder, a member of its administrative, management or supervisory body, or another person authorised to represent, make decisions for or control the bidder has been convicted of participating in a criminal organisation, breaching a duty of integrity or committing a corruption-related offence, fraud, a terrorism-related offence, money laundering or terrorist financing. Exclusion also applies to convictions for enabling a foreign national residing unlawfully in the country to work, or for violating the conditions for a foreign national’s employment in Estonia, including paying less than the required wage; for unlawful use of child labour; or for an act related to human trafficking. A bidder must also be excluded if it has outstanding public tax, levy or environmental-charge debts, or tax or social security contribution debts under the laws of its country of establishment.
The contracting authority may exclude a bidder that has materially or repeatedly breached an important term of a previous public contract, where this resulted in termination or withdrawal from the contract, a price reduction, compensation for damages or a contractual penalty. A bidder may also be excluded for providing false information about compliance with selection criteria or failing to provide required information or additional documents.
An undertaking established or resident in the Russian Federation or the Republic of Belarus may not participate in the procurement.
Qualification criteria and exclusion grounds
During the 60 months preceding the start of the procurement, the bidder must have duly completed at least three contracts for electrical construction works similar to the subject of this procurement. At least one contract must have had a value of EUR 40,000 or more, excluding VAT. The bidder must submit a list of contracts stating their performance periods, information about the other parties (including the buyer’s representative’s telephone number and email address), and procurement reference numbers where applicable. The contracting authority may request evidence of proper performance if it cannot obtain the information from public or private databases without significant expense.
The bidder must have an electrical works lead with a valid A competence certificate and/or a qualification of at least level 6 under the Occupational Qualifications Act. The lead must hold the relevant evidence when bids are submitted and be listed in Elektrilevi’s partner portal before bids are opened. For switching operations related to the works, the bidder must also have a worker with valid switching rights, listed in the portal before bids are opened. For low-voltage works only (0.22–1 kV), low-voltage switching rights are sufficient; in other cases both low- and medium-voltage switching rights are required, including where low-voltage work requires switching on the medium-voltage side. Applications for switching rights must follow instruction J387. The bidder must also have a person appointed as responsible for the work operation and listed in the partner portal before bids are opened. Applications for this person’s rights must follow documents J31 and J3284.
The bid must accept all tender document conditions; alternative or conditional bids are not permitted. The price table must use the form provided in the tender documents, and every unit-price field must be completed. The instructions for completing management system document V178 must also be taken into account when preparing the work.
The bidder must provide the name, job title and contact details of the contract signatory, as well as the name, job title and contact details of the contact person for contract-performance matters. If the signatory’s authority is not based on the company’s articles of association, a power of attorney must be included with the bid. The bidder must identify any information in the bid that it considers a trade secret and justify that designation, or confirm that the bid contains no trade secret.
The invoice payment period depends on the contract value: 14 calendar days for contracts up to EUR 59,999; 35 days for contracts from EUR 60,000 to EUR 249,999; and 45 days for contracts of EUR 250,000 or more. If the bidder joins the contracting authority’s factoring programme, the payment period is 95 calendar days from receipt of the invoice.