Compliance requirements
The bidder must confirm that none of the exclusion grounds listed in the Public Procurement Act § 95(1) items 1–3 and 5 apply, taking into account § 95(2). The bidder must also confirm that it is not bankrupt or in liquidation, that no bankruptcy or liquidation proceedings have been opened against it, and that its business has not been suspended or is not in a similar situation under the law of its country of establishment. The bidder must confirm that it has no tax, fee, environmental charge, or social security contribution debts under the law of its country of establishment. In addition, the bidder must confirm that its average wage during the reference period was more than 70% of the average wage for the same period in the relevant field, and must provide a Tax and Customs Board extract or an equivalent certificate from the competent authority in the country of establishment. The bidder must also confirm that it is not a related person to the technical consultant advising the beneficiary on the reconstruction of the apartment building.
Qualification criteria and exclusion grounds
The bidder must be registered in the business register for the activity area of construction, covering general building works, 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. These registration requirements do not apply to a foreign bidder, but the foreign bidder must prove its competence with an equivalent certificate.
The bidder’s net turnover for the financial year preceding the start of the procurement procedure must be at least equal to twice the estimated contract value excluding VAT. In a joint tender, turnover may not be aggregated; the requirement must be met by at least one joint bidder on its own.
Within the 60 months before the start of the procurement procedure, the bidder must have carried out at least one equivalent construction project with a value of at least half of the estimated contract value excluding VAT. An equivalent project must have been the construction, extension, or full-building reconstruction of a building as the main contractor and must have included at least the construction or reconstruction of load-bearing and external envelope structures, mechanical ventilation with heat recovery, and a heating system. To prove the work, the bidder must provide either the number of the occupancy notice or occupancy permit in the building register or a copy of the handover certificate signed by the client and contractor.
The team must include a project manager with at least level 6 construction engineer qualification specialising in building construction, or level 6 construction manager qualification specialising in general building works. The team must also include a site manager with at least level 5 construction work manager qualification specialising in general building works. In addition, a ventilation and heating systems specialist, a water supply and sewerage systems specialist, and a person involved in electrical works with the relevant professional or competence certificate are required. All these persons must be involved in the performance of the works, and their names and certificate numbers must be provided. For a foreign bidder, equivalent competence is acceptable.
By submitting the tender, the bidder must also agree that by the contract date, or within 10 calendar days after contract signature, it must be able to provide a performance security amounting to 5% of the contract value. The security may be provided as a confirmation from a credit or financial institution, by depositing the money into the beneficiary’s bank account, or by depositing it with a notary, provided that the beneficiary remains the entitled party throughout the construction period.