Compliance requirements
Mandatory exclusion applies if the bidder or a person authorised to represent, manage, supervise or control it has been convicted of participation in a criminal organisation, breach of integrity obligations, a corrupt act, fraud, a terrorist offence or related conduct, money laundering or terrorist financing; enabling the unlawful employment of a foreign national or a breach of the conditions for employing a foreign national in Estonia, including payment below the statutory minimum; or unlawful use of child labour or human trafficking. A bidder with outstanding national tax, levy or environmental charge debt, or tax or social security contribution debt under the law of its country of establishment, must also be excluded.
The contracting authority may also exclude a bidder that has seriously or repeatedly breached an essential term of a previous public contract, resulting in termination, withdrawal, a price reduction, compensation or a contractual penalty. It may exclude a bidder that has provided false information about meeting the qualification criteria or failed to submit that information or requested supporting documents.
Qualification criteria and exclusion grounds
Within 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 procurement. At least one contract must have had a value of EUR 40,000 or more, excluding VAT. The bidder must provide a list of the contracts showing their performance periods, information on the other contracting parties (including the client's representative's telephone number and email address), and public procurement reference numbers where applicable. The contracting authority may request evidence of proper performance if it cannot obtain the information itself from databases.
For switching operations related to the works, the bidder must have an employee with valid switching rights who is registered in Elektrilevi's partner portal before tenders 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 medium-voltage-side switching is needed to carry out low-voltage works. The requirement covers operational switching, isolation and earthing, re-energisation and restoration of the normal network configuration in 0.22–20 kV networks, except switching at regional and distribution substations. The rights must be obtained in accordance with instruction J387.
The bidder must have a designated person responsible for the work operation (C-person) with valid rights, registered in Elektrilevi's partner portal before tenders are opened. The rights must be obtained in accordance with instructions J31 and J3284. The bidder must also have a person in charge of electrical works with valid A-level competence and/or a qualification of at least level 6 under the Vocational Qualifications Act. The relevant evidence must be held by the tender submission deadline, and the person must be registered in the portal before tenders are opened.
The tender must comply with the procurement documents; conditional tenders or tenders containing additional conditions are not permitted. The bidder must submit the price table using the form in the procurement documents and complete every unit-price field. The tender must also take account of the instructions for completing management system document V178. The bidder must provide the name, position and contact details of the contract signatory, as well as the details of the contact person for contract performance. If the signatory's authority is not established by the articles of association, a power of attorney must be provided.
The bidder must identify any information in its tender claimed as a trade secret and explain that designation. The tender price and figures relevant to evaluation may not be designated as trade secrets. The bidder must not be established or resident in the Russian Federation or the Republic of Belarus. Materials, equipment, goods and components used in the works must not be produced in or originate from either country; the contracting authority may request certificates of origin.
The contracting authority's standard payment periods, starting when it receives the invoice, are 14 calendar days for contracts up to EUR 59,999, 35 calendar days for contracts valued at EUR 60,000–249,999, and 45 calendar days for contracts of EUR 250,000 or more. Joining the contracting authority's factoring programme results in a 95-calendar-day payment period.