Compliance requirements
The contracting authority must exclude a tenderer if the tenderer, or a person authorised to represent, manage or control it, has been convicted of participation in a criminal organisation, breach of duty of honesty, corruption, fraud, terrorism-related offences, money laundering or terrorist financing. Exclusion also applies to convictions for enabling a foreign national to work while unlawfully present in the country, facilitating a breach of the rules governing a foreign national’s work in Estonia (including payment below the statutory wage rate), or unlawful use of child labour or trafficking in human beings. A tenderer must also be excluded for outstanding national taxes, duties or environmental charges, or tax or social security contribution debts under the law of its country of establishment.
The contracting authority may exclude a tenderer that has seriously or repeatedly breached an important term of a previous public contract, resulting in termination, cancellation, a price reduction, compensation for damage or a contractual penalty. It may also exclude a tenderer that has provided false information about compliance with qualification requirements or failed to provide that information or requested supporting documents.
Qualification criteria and exclusion grounds
The tenderer must have properly completed at least three contracts for electrical construction works similar to this contract during the 60 months preceding the start of the procurement. At least one of those contracts must have a value of EUR 40,000 or more excluding VAT. The tenderer must provide a list stating the performance period, the other contracting parties’ details (including a buyer’s representative’s telephone number and email address), and procurement reference numbers where applicable. Evidence of proper performance must be provided on request unless the contracting authority can obtain it from databases without significant expense.
The tenderer must have a team member with valid switching rights for work-related switching in 0.22–20 kV electricity networks, covering operational switching, isolation and earthing, re-energisation and restoration of the normal configuration, except at regional and distribution substations. This person must be registered in Elektrilevi’s partner portal before the bid submission deadline. For work limited to low voltage (0.22–1 kV), at least low-voltage switching rights are required. In other cases, both low- and medium-voltage switching rights are required, including where low-voltage work requires switching on the medium-voltage side (over 1–20 kV).
The tenderer must also have a person appointed as responsible for the work operation, registered in Elektrilevi’s partner portal before the bid submission deadline. The team must include a person leading the electrical works who, by the bid submission date, holds valid A-class competence and/or a qualification of at least level 6 under the Professional Qualifications Act, with the relevant evidence, and is registered in the partner portal before the deadline.
The bid must include a price table using the form in the procurement documents, with every unit-price field completed, and must take account of the instructions for completing control-system document V178. Conditional bids or bids containing additional conditions are not permitted. The tenderer must provide the name, position and contact details of the person or persons authorised to sign the contract, as well as the name, position and contact details of the contract-performance contact person. A power of attorney must be included if signing authority does not arise from the articles of association.
The standard payment period, starting when the buyer receives the invoice, is 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. Participation in the buyer’s factoring programme results in a 95-calendar-day payment period.
The tenderer must identify any trade secrets in the bid and explain why they qualify as such. The bid price and price components, and other indicators used to evaluate bids, may not be designated as trade secrets. Businesses established in the Russian Federation or Belarus may not participate. Materials, equipment and goods, including components, installed or used in the works must not be produced in or originate from either country; the contracting authority may request certificates of origin.