Compliance requirements
The bidder must confirm that none of the exclusion grounds under Section 95(1)(1)–(5) of the Public Procurement Act apply to it. These include convictions for serious offences such as participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing; offences related to illegal employment of foreigners or breach of conditions for employing foreigners in Estonia; offences related to illegal use of child labour or human trafficking; tax, environmental charge or social security contribution arrears; and situations where awarding the contract would breach an international sanction or a sanction of the Estonian Government.
The bidder must also confirm that its place of residence or establishment is not in the Russian Federation or the Republic of Belarus. Only bidders established in Estonia, another EU Member State, another EEA contracting state or a country that has acceded to the WTO Government Procurement Agreement may participate.
Qualification criteria and exclusion grounds
The bidder must be entered in the commercial register of its country of establishment if this is required by the law of that country. If registration is mandatory, a copy of the document proving registration must be submitted; a bidder established in Estonia does not need to submit a commercial register extract.
The bidder and/or its subcontractor must have a project manager to perform the contract, and that person must have at least a master’s degree in energy engineering and/or thermal energy engineering, or an equivalent or higher qualification. Copies of documents proving the project manager’s qualification must be submitted.
Within the last 120 months before the start of the procurement, the bidder and/or its subcontractor must have properly performed at least one similar project management contract covering the reconstruction of a superheated boiler fired by solid fuel with a capacity of over 50 MW(th) to gas fuel. Form 2 – List of contracts must be submitted with the contract title, short description, performance period and the other contracting party.
In addition, within the last 120 months the bidder and/or its subcontractor must have properly performed at least one project management contract related to either connection to the grid of a D-type production module of a controllable electricity producer with a capacity above 15 MW(el), construction of a combined heat and power plant operating in cogeneration mode, or construction or reconstruction of a district heating network where at least 10 km of supply pipeline and 10 km of return pipeline were built or reconstructed. Form 3 – List of contracts must be submitted with the required details.
If the bidder relies on another undertaking’s resources, including a subcontractor’s experience or responsible person, that subcontractor must be added to the subcontractor table in the Public Procurement Register so that the contracting authority can check exclusion grounds.