Compliance requirements
The tender documents state the exclusion grounds in plain language: the contracting authority will exclude a bidder if the bidder, its management or supervisory body member, or another legal representative involved in this procurement has been convicted of participation in a criminal organisation, breach of integrity duties, corruption, fraud, a terrorist offence or related incitement/assistance/attempt, money laundering, or terrorist financing; if they have been convicted for enabling work for a foreign national staying in the country without legal basis; if they have been convicted for illegal use of child labour or human trafficking; or if the bidder or a management body member is subject to an international sanction. The contracting authority may also exclude a bidder for the grounds listed in the Public Procurement Act § 95(4). The bidder must confirm the absence of exclusion grounds. For foreign bidders, a certificate from the competent authority may be required if tax debt information cannot be checked from public databases. The contracting authority may also exclude a bidder with tax debt, and may exclude a bidder whose previous contract was terminated early or where damages, a penalty or a comparable sanction was imposed for a serious or repeated breach.
Qualification criteria and exclusion grounds
The bidder’s average net turnover from construction works over the last three completed financial years must be at least EUR 300,000. For bidders registered in Estonia, the contracting authority checks turnover data itself from public databases; foreign bidders must provide certificates from the competent authority upon request. The bidder must hold the business activity notice for the activity area ‘Construction’ and the activity type ‘general construction work’; for Estonian bidders the contracting authority checks this itself, while foreign bidders may need to provide proof of registration or a licence. Together with the subcontractors participating in the tender, the bidder must have completed at least two similar general construction contracts in the last 60 months, one of which must have had a value of at least EUR 150,000 excluding VAT. Similar works are construction or repair contracts for buildings that also included the construction or renovation of building technical systems. The experience must be listed on form KIII, and if subcontractor experience is relied on, the subcontractor’s confirmation of participation must also be submitted. The bid must include the required forms: KII, KIII, PI, and the price forms for lots 1 and 2. If equivalent products or equipment are offered, proof of equivalence and a comparison table must be submitted. The machine-readable notice did not include precise compliance requirements; these must be checked in the tender documents. The bidder must also complete the price forms and confirm compliance with the tender documents.