Compliance requirements
The tender documents state the mandatory exclusion grounds. A bidder is excluded if it is bankrupt or in liquidation, if insolvency or liquidation proceedings have been opened against it, or if its business activity is suspended or it is in a similar situation under the law of its country of establishment. A bidder is also excluded if it has tax, fee or environmental charge arrears, or arrears of tax or social security contributions, unless the debt has been deferred, paid or is being paid/deferred within 10 calendar days after notice. The bidder must also meet the general exclusion confirmations under the Public Procurement Act section 95(1) points 1–3 and 5, taking section 95(2) into account. In addition, the bidder and the technical consultant advising the apartment building reconstruction must not be related persons. If the required proof is not available from public registers, the bidder may be asked to submit documents proving the absence of exclusion grounds 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 building 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. Foreign bidders are exempt from the Estonian registration requirement but must provide an equivalent proof of competence if needed.
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.
By the time the construction contract is signed, the bidder must be able to provide a first-demand guarantee letter issued by a credit institution, financial institution or insurance company in the amount of 5% of the construction contract value excluding VAT. The security may also be provided by depositing the corresponding amount to the beneficiary’s or a notary’s account, provided that the beneficiary remains the entitled party throughout the construction period. Joint bidders may satisfy the security requirement together.
Within the 60 months before the start of the procurement procedure, the bidder must have completed at least one equivalent construction project with a value of at least half of the estimated contract value. An equivalent project means the main contractor’s construction of a building, an extension, or a full-building reconstruction, including at least the construction or reconstruction of load-bearing and external envelope structures, forced ventilation with heat recovery, and a heating system. The bidder must provide the project name, building details, execution time and value, and indicate whether these substantive conditions were met. Proof may be given by a use notice or use permit number, or by a handover-acceptance report signed by the client and contractor.
The bidder’s team must include the following qualified persons, or persons with equivalent competence: a project manager with at least level 6 construction engineer qualification or level 6 construction manager qualification; a site manager with at least level 5 construction foreman qualification; a ventilation and heating systems specialist with at least level 6 HVAC engineer qualification or level 6 construction manager qualification with the relevant specialization; a water supply and sewerage systems specialist with at least level 6 water supply and sewerage engineer qualification or level 6 construction manager qualification with the relevant specialization; and, for electrical works, a person with at least a class B competence certificate or a level 6 electrical engineer qualification in consumer electrical installations. Foreign bidders may prove equivalent competence with an equivalent certificate.