Compliance requirements
A bidder will be excluded if it is bankrupt or being wound up, insolvency or liquidation proceedings have been initiated against it, its business activities have been suspended, or it is in a comparable situation under the law of its country of establishment. Exclusion also applies where the bidder has outstanding national, tax, environmental-fee, social-security or other statutory payment debts. Such debt may be paid or rescheduled within 10 calendar days after notice of the exclusion ground.
The bidder must not be subject to the exclusion grounds set out in section 95(1), points 1–3 and 5 of the Estonian Public Procurement Act, subject to section 95(2). The bidder must also demonstrate that its employees’ average pay during the comparison period was not below 70% of the average pay for the same period in the contract’s field. This requirement does not apply if the bidder has no employees. The comparison period is six calendar months, ending with the month before the month immediately preceding commencement of the procurement; for a recently established bidder, it begins in the month the bidder was established or started business. Foreign bidders must provide equivalent evidence from the competent authority in their country.
The bidder must not be a related person to the technical consultant advising the beneficiary on the apartment building’s reconstruction. If exclusion grounds cannot be checked through public registers and supporting evidence has not been provided, the buyer may set a 10-calendar-day deadline for submitting it; failure to do so results in exclusion. In a joint tender, these grounds apply to each joint bidder.
Qualification criteria and exclusion grounds
The bidder must meet the following qualification and compliance requirements:
- **Registration:** For construction activities, the bidder must have a business notice covering general construction, indoor climate systems, and building water supply or sewerage systems. For electrical works, it must also be registered for construction and installation of electrical installations. Foreign bidders may provide equivalent evidence.
- **Financial capacity:** The bidder’s net turnover in the financial year preceding submission of the tender must be at least twice the estimated value of the contract, excluding VAT. The notice does not state a specific monetary amount.
- **Construction-period security:** The bidder must be able to provide, by the date the construction contract is signed, an on-demand guarantee issued by a credit or financial institution or insurer for 5% of the contract value excluding VAT. If the contract is signed before the security is provided, it must be submitted within 10 calendar days of signing. It must remain valid throughout the construction period. A deposit of the corresponding amount is also acceptable, and joint bidders may provide the security jointly.
- **Relevant experience:** Within the 60 months preceding commencement of the procurement, the bidder must have completed at least one equivalent construction project as main contractor, with a value of at least half the estimated contract value. The project must have involved construction, extension or full-building reconstruction and included structural and external-envelope works, heat-recovery mechanical ventilation, and construction or reconstruction of a new heating system. Provide the project details and either the building-register reference for the use notice or use permit, or a copy of the handover and acceptance certificate signed by the client and contractor.
- **Technical staff:** The team must include a project manager with at least a level 6 construction engineer qualification specialising in building construction and construction management, or an equivalent level 6 construction manager qualification in general construction; a site manager with at least a level 5 construction works supervisor qualification in general construction; a ventilation and heating systems specialist with at least a level 6 qualification and the specified construction-management competencies for heating and ventilation systems, or an equivalent level 6 qualification in indoor climate systems; and a water supply and sewerage specialist with at least a level 6 qualification in the relevant field and construction-management competence, or an equivalent level 6 qualification for building water supply and sewerage systems. For electrical works, the team must also include a person with at least a class B electrical competence certificate or a level 6 electrical engineer qualification for consumer electrical installations. Equivalent qualifications are accepted for foreign bidders. Provide each specialist’s name and qualification-certificate number.
- **Architect:** The team must include an authorised architect at level 7, or a person with equivalent foreign qualifications, responsible for ensuring that the building design complies with the New European Bauhaus requirements.
- **Management systems:** The bidder must have a construction-sector quality management system meeting at least EVS-EN ISO 9001 or equivalent requirements, and an environmental management system meeting at least EVS-EN ISO 14001 or equivalent requirements.
- **Tender compliance:** Joint bidders must appoint an authorised representative and include their power of attorney. The tender price must follow the required structure, and the completed price form must show a total equal to the amount entered in the price schedule. Any trade secrets must be identified and justified; prices and evaluation-related figures may not be designated as trade secrets. By submitting a tender, the bidder accepts the procurement-document conditions; conditional tenders are not permitted.