Compliance requirements
The bidder is excluded if it is bankrupt or being liquidated, if bankruptcy or liquidation proceedings have been initiated against it, or if its business activities have been suspended. Exclusion also applies if the bidder has unpaid state taxes, fees or environmental charges, or tax or social security contribution debts, unless these have been deferred or paid within the required period.
The bidder is also excluded if any of the grounds listed in Section 95(1) points 1–3 and 5 of the Public Procurement Act apply, taking into account Section 95(2). The bidder must confirm that none of those grounds apply to itself or, in the case of a joint bid, to any joint bidder.
In addition, the bidder must confirm that its employees’ average salary has not been below 70% of the average salary in the relevant sector for the same period. A foreign bidder must provide an equivalent certificate from the competent authority in its country of establishment. The bidder must also not be a related person to the technical consultant advising the contracting authority on the apartment building reconstruction. If the absence of exclusion grounds cannot be checked in public registers, the relevant evidence must be submitted within 10 calendar days.
Qualification criteria and exclusion grounds
The bidder must be registered in the business register for construction activities covering general construction, indoor climate systems, and internal or adjacent water supply or sewerage systems. For electrical works, the bidder must also have a registration for electrical works covering the construction, including installation, of electrical installations. The registration requirement does not apply to foreign bidders, who must instead prove equivalent competence.
The bidder’s net turnover for the financial year preceding the submission of the tender must be at least equal to twice the estimated value of the contract excluding VAT. The exact amount must be entered to the nearest euro.
The bidder must provide details of at least one comparable construction contract performed within the 60 months before the start of the procurement procedure. The comparable work must have been worth at least half of the estimated contract value and must have involved the construction, extension or full reconstruction of a building as the main contractor. It must have included at least the construction or reconstruction of the building’s load-bearing and external envelope structures, the construction or reconstruction of a heat-recovery mechanical ventilation system, and the construction or reconstruction of a new heating system. Proof may be provided by the building register occupancy notice or building permit number, or by a handover-acceptance certificate signed by the client and contractor.
For the reconstruction of the apartment building, the team must include a project manager, site manager, ventilation and heating systems specialist, water supply and sewerage systems specialist, and, where electrical works are carried out, a person with the required electrical competence. The required qualifications are: for the project manager, at least level 6 construction engineer qualification or level 6 construction manager qualification; for the site manager, level 5 construction foreman qualification; for the ventilation and heating systems specialist, at least level 6 heating, ventilation and cooling engineer qualification or level 6 construction manager qualification; for the water supply and sewerage systems specialist, at least level 6 water supply and sewerage engineer qualification or level 6 construction manager qualification; and for the person carrying out electrical works, either a class B competence certificate or a level 6 electrical engineer qualification in consumer electrical installations. If the bidder relies on the capacities of other persons, signed commitments from those persons to participate in contract performance must be attached.