Compliance requirements
The machine-readable notice included mandatory exclusion grounds: a bidder is excluded if it is bankrupt or in liquidation, if bankruptcy or liquidation proceedings have been opened, if business activity is suspended, or if the bidder is in a similar situation under the law of its country of establishment. A bidder is also excluded if it has unpaid state tax, fee or environmental charge debts, or tax or social security contribution debts, unless the debt has been deferred, paid, or will be paid or deferred within 10 calendar days after notice. The notice also refers to the exclusion grounds under section 95(1)(1–3 and 5) of the Public Procurement Act, the requirement that the bidder’s average wage level must not be below 70% of the sector average during the reference period, and the requirement that the bidder must not be a related party to the technical consultant advising the apartment building reconstruction. If the public registers cannot be checked, the bidder may be asked to submit supporting evidence within 10 calendar days.
Qualification criteria and exclusion grounds
The bidder must be registered or otherwise demonstrably competent for the relevant construction works. For construction activities, registration is required for general construction, indoor climate systems, and internal or building-related water supply or sewerage systems. For electrical works, registration is required for electrical works and the construction of electrical installations. The Estonian register requirement does not apply to a foreign bidder, but equivalent proof of competence must be provided.
The bidder’s net turnover for the financial year preceding the submission of the tender must be at least equal to twice the estimated contract value excluding VAT. The exact amount must be stated to the nearest 1 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 contract value excluding VAT. The security may also be provided by depositing the corresponding amount on the beneficiary’s or a notary’s account, provided that the beneficiary remains the entitled party throughout the construction period. The security must remain valid for the entire construction period.
Within the previous 60 months, the bidder must have completed at least one comparable construction project with a value of at least half of the estimated contract value. A comparable project means the main contractor’s construction, extension or full-building reconstruction of a building, including at least construction or reconstruction of the load-bearing structure and external envelope, construction or reconstruction of a heat-recovery forced ventilation system, and construction or reconstruction of a new heating system. The bidder must provide the project name, building details, period, value, and information on which of the listed works were included.
The team must include a project manager, site manager, ventilation and heating systems specialist, water supply and sewerage systems specialist, and, for electrical works, a person with the required competence. The project manager must have at least a level 6 construction engineer qualification or a level 6 construction manager qualification; the site manager must have a level 5 construction foreman qualification; the ventilation and heating systems specialist must have at least a level 6 heating, ventilation and cooling engineer qualification or a level 6 construction manager qualification; the water supply and sewerage systems specialist must have at least a level 6 water supply and sewerage engineer qualification or a level 6 construction manager qualification; and electrical works require at least 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 confirmations of their participation in contract performance must be attached.