Compliance requirements
The bidder must be excluded if it, or a person in its management, administrative or supervisory body or otherwise authorised to represent, decide for or control it, has been convicted of participation in a criminal organisation; breach of the duty of honesty or a corruption offence; fraud; terrorist offences or related aiding, abetting or attempt; money laundering or terrorist financing; or enabling the illegal employment of a foreign national or breaches of the conditions for employing a foreign national in Estonia, including paying below the statutory wage rate. Exclusion also applies to convictions for illegal use of child labour or human trafficking, and to outstanding state tax, levy or environmental charge debts, or tax or social security contribution debts under the law of the bidder’s country of establishment.
The contracting authority may also exclude a bidder that has seriously or repeatedly breached a material term of a previous public contract, resulting in termination, withdrawal, a price reduction, damages or a contractual penalty, or that has provided false information about compliance with qualification requirements or failed to provide that information or requested supporting documents. An undertaking established or resident in Russia or Belarus is not permitted to participate.
Qualification criteria and exclusion grounds
The bidder must meet these requirements, which apply to all lots:
- Its net turnover must have been at least EUR 200,000 in each of the last three completed financial years. It must provide extracts from the annual accounts showing turnover, unless the information is publicly available to the contracting authority from a register for a bidder registered in Estonia. If the financial year does not coincide with the calendar year, the requirement applies to the last three completed financial years. At least six months must have elapsed between the end of the latest completed financial year and the bid submission date.
- During the 60 months preceding the start of the procurement, it must have properly completed at least three contracts for electrical construction works similar to this contract; at least one must have been worth EUR 70,000 or more excluding VAT. It must provide a list stating the performance period, the other contracting parties’ details including the customer representative’s telephone number and email address, and procurement reference numbers where applicable. The authority may request evidence of proper completion.
- The bidder must have an employee authorised to carry out switching operations on the 0.22–20 kV electricity network associated with the works, excluding regional and distribution substations, and registered in Elektrilevi’s partner portal before bids are opened. For low-voltage-only works (0.22–1 kV), low-voltage switching rights are required; otherwise, both low- and medium-voltage switching rights are required, including where medium-voltage switching is needed for low-voltage works.
- It must have a person leading electrical works with valid A-class competence and/or a qualification of at least level 6 under the Professions Act. That person must hold the relevant proof when bids are submitted and be registered in the partner portal before bids are opened.
- It must have a person designated as responsible for the work operation, with valid rights and registered in the partner portal before bids are opened.
- The bid must include a completed price table in the prescribed format, with every unit-price field filled in, and must be unconditional and comply with the procurement documents. The bidder must also provide the contract signatory’s name, position and contact details, and a contract-performance contact’s details. If the signatory’s authority does not arise from the articles of association, a power of attorney must be included.
- The bidder must identify and justify any information it claims as a trade secret; bid and lot prices and other specified evaluation-related figures may not be designated as trade secrets.
- An undertaking established or resident in Russia or Belarus may not participate. Materials, equipment, goods and components installed or used in the works must not be produced in or originate from Russia or Belarus; the authority may request certificates of origin.
Payment periods from receipt of an invoice are 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. Participation in the contracting authority’s factoring programme results in a 95-day payment period.