Compliance requirements
The bidder must confirm that there are no exclusion grounds under the Public Procurement Act, including the grounds listed in section 95(1) points 1–3 and 5, taking section 95(2) into account. 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 it is not in a similar situation under the law of its country of establishment. The bidder must confirm that it has no tax, fee or environmental charge arrears, or tax or social security contribution arrears, under the law of its country of establishment. In addition, the bidder must confirm that it is not a related party to the technical consultant advising the beneficiary on the reconstruction of the apartment building. For the average wage condition, the bidder must prove that its employees’ average wage during the reference period was more than 70% of the average wage in the same period in the relevant field; foreign bidders must provide equivalent evidence from a competent authority in their country. In a joint tender, these confirmations and evidence apply to each joint bidder.
Qualification criteria and exclusion grounds
The bidder must be registered in the business register for construction activities covering general building works, indoor climate systems, and building-internal or associated water supply or sewerage systems. For electrical works, the bidder must also have a business register notification for electrical works covering the construction, including installation, of electrical installations. The registration requirement does not apply to a foreign bidder, but such bidder must prove its competence with equivalent evidence.
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; the exact amount must be entered to the nearest euro. The bidder must also confirm that it can provide, by the contract signing date at the latest or within 10 calendar days after signing, a performance-period security amounting to 5% of the contract value. The security may be provided as a bank or financial institution guarantee, by depositing the amount 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.
For technical and professional capacity, the bidder must have carried out at least one equivalent construction project within the 60 months preceding the start of the procurement procedure, with a value of at least half of the estimated contract value excluding VAT. An equivalent project means the construction of a building, an extension, or a full-building reconstruction as the main contractor, and 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. To prove completion, the bidder must provide the number of the occupancy notice or building permit in the building register, or attach a copy of the handover-acceptance 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. There must also be a site manager with at least level 5 construction foreman qualification specialising in general building works, a ventilation and heating systems specialist with at least level 6 heating, ventilation and cooling engineer qualification or level 6 construction manager qualification specialising in indoor climate systems, a water supply and sewerage systems specialist with at least the relevant level 6 engineer qualification or level 6 construction manager qualification, and, for electrical works, a person with at least a class B competence certificate or level 6 electrical engineer qualification. In addition, the team must include a chartered architect at level 7 responsible for ensuring that the design complies with the European New Bauhaus requirements. The names and qualification or competence certificate numbers of all these persons must be provided, and a foreign bidder may rely on equivalent competence.
The bidder must also confirm that the tender complies with the procurement documents, and if team members are not the bidder’s employees, their written consent must be attached. If a joint tender is submitted, a power of attorney for the joint bidders must be provided and each joint bidder’s share and responsibility must be stated in the tender documents.
If the machine-readable notice does not contain precise requirements, they must be checked in the procurement documents.