Compliance requirements
The bidder must confirm that none of the exclusion grounds under Section 95(1) points 1–3 and 5 of the Public Procurement Act apply, taking into account Section 95(2). The bidder must also confirm that it is not bankrupt or in liquidation, no bankruptcy or liquidation proceedings have been opened against it, and 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, environmental charge, tax debt or social security contribution debt under the law of its country of establishment. In addition, the bidder must confirm that its employees’ average salary during the reference period was more than 70% of the average salary in the same period in the relevant field, and this must be proven with an extract from the Tax and Customs Board or equivalent authority for a foreign bidder. In a joint bid, the proof must be submitted for each joint bidder. The bidder must also confirm that it is not a related person to the technical consultant advising the beneficiary on the apartment building reconstruction.
Qualification criteria and exclusion grounds
The bidder must be registered in the Estonian Register of Economic Activities under the activity area “Construction” with the activity types of general construction, indoor climate systems, and internal or adjacent water supply or sewerage systems. When carrying out electrical works, the bidder must also have a registration under the activity area “Electrical works” for the construction, including installation, of an electrical installation. For a foreign bidder, the registration requirement does not apply, but equivalent proof of competence must be provided where relevant.
The bidder’s net turnover for the financial year preceding the start of the procurement procedure must be at least equal to twice the expected contract value excluding VAT. In a joint bid, turnover figures may not be aggregated to meet this requirement; it is sufficient if at least one joint bidder meets it on its own.
Within the last 60 months, the bidder must have carried out at least one equivalent construction project as the main contractor, with a value of at least half of the expected contract value excluding VAT. An equivalent project must have involved the erection, extension or full-building reconstruction of a building and must have included at least the construction or reconstruction of load-bearing and external envelope structures, the construction or reconstruction of a heat-recovery mechanical ventilation system, and the construction or reconstruction of a heating system. To prove the project, the bidder must provide the project name, timing, value, a description of the work content, and either the number of the occupancy notice/occupancy permit or 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 professional qualification as a construction engineer specialising in building construction or level 6 qualification as a construction manager specialising in general construction. There must also be a site manager with at least level 5 qualification as a construction foreman specialising in general construction works. In addition, the team must include a ventilation and heating systems specialist with at least level 6 qualification as a heating, ventilation and cooling engineer with the relevant management competences, or level 6 qualification as a construction manager specialising in indoor climate systems. For water supply and sewerage systems, a specialist with at least level 6 qualification as a water supply and sewerage engineer or level 6 qualification as a construction manager with the relevant specialisation is required. For electrical works, the person involved must have at least a Class B competence certificate or level 6 qualification as an electrical engineer in consumer electrical installations. The names and certificate numbers of all these persons must be provided, and foreign bidders may use equivalent proof of competence.
By submitting the bid, the bidder must agree that by the contract signing date at the latest, or within 10 calendar days after signing, it must be able to provide a performance security equal to 5% of the contract value. The security may be provided as a guarantee from a credit or financial institution, by depositing the amount into the beneficiary’s bank account or into a notary’s account, provided that the beneficiary remains the entitled party throughout the construction period. Joint bidders may satisfy the security requirement together.