Compliance requirements
The contracting authority will exclude a bidder if the bidder, or a member of its administrative, management or supervisory body, a procurator or another person authorised to represent or control the bidder, has been convicted of participation in a criminal organisation, breach of integrity duties, corruption, fraud, a terrorist offence or other terrorism-related offence, money laundering or terrorist financing. Exclusion also applies if such persons have been convicted of enabling the employment of a foreign national staying in the country illegally or of violating the conditions for employing a foreign national in Estonia, including paying less than the statutory wage, or of illegal use of child labour or human trafficking. A bidder will also be excluded if it has tax, fee or environmental charge arrears, or tax or social security contribution arrears under the law of its country of establishment. The contracting authority may exclude a bidder if it has seriously or persistently breached an essential term of a previous public contract so that the contract was terminated, rescinded, the price was reduced, damages were paid or a contractual penalty was imposed, or if it has submitted false information about compliance with qualification requirements or failed to submit required information or additional documents. In addition, the bidder’s place of residence or establishment must not be in the Russian Federation or the Republic of Belarus, and materials, equipment and goods used in the works must not be produced in or originate from the Russian Federation or the Republic of Belarus; the contracting authority may request certificates of origin.
Qualification criteria and exclusion grounds
Within the 60 months before the start of the procurement, the bidder must have properly performed at least three contracts for electrical construction works similar to the subject of the contract, and at least one of them must have had a value of at least EUR 40,000 excluding VAT. The bidder must submit a list of the contracts showing the performance period, the other contracting parties with the client representative’s contact details, and, in public procurement cases, the reference numbers. Upon the contracting authority’s request, evidence of proper performance must be provided, unless the authority can obtain the information from public or its own databases without major expense. The bid must also include a completed price table. The bidder must have an electrical works supervisor with a valid A-level competence or, under the Vocational Education Act, at least level 6 qualification; the person must hold the relevant proof at the time of submission and be entered into the EPP environment before bid opening. For switching operations related to the works in the 0.22–20 kV electricity network, the bidder must have an employee with valid switching rights, also entered into the EPP environment before bid opening; for low-voltage works, at least low-voltage switching rights are required, and in other cases both low-voltage and medium-voltage switching rights are required. The bidder must also have a person appointed as responsible for work operations, entered into the EPP environment before bid opening. The bidder must provide the names, job titles and contact details of the signatory or signatories and the contact person for contract performance; if the right of representation does not arise from the articles of association, a power of attorney must be included. The machine-readable notice did not include precise compliance requirements; they must be checked in the tender documents.