Compliance requirements
The bidder is excluded if the bidder or a person with management, supervisory or representation powers 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 a person has been convicted of enabling work for a foreign national staying in the country without legal basis or of violating the conditions for employing a foreign national in Estonia, including paying less than the statutory wage rate, or of illegal use of child labour or an act related to human trafficking. The bidder is also 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.
A voluntary exclusion ground is a serious or repeated breach of an earlier public contract, if it led to withdrawal from the contract, termination, price reduction, compensation of damage or payment of a contractual penalty. Exclusion may also apply if false information was submitted about compliance with the qualification requirements or if required additional documents were not submitted.
In addition, companies whose place of residence or establishment is in the Russian Federation or the Republic of Belarus are not allowed to participate.
Qualification criteria and exclusion grounds
The bidder must have, during the 60 months before the start of the procurement, at least three properly performed contracts for electrical construction works similar to the subject of the contract, and at least one of them must have 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. On 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 cost.
The bidder’s team must include a person responsible for electrical works who has a valid A-competence or, under the Professions Act, a qualification corresponding to at least level 6. This person must have the relevant proof at the time of submitting the offer and must be entered in Elektrilevi’s partner portal before the deadline for submitting offers.
The offer must comply with all tender documents, and conditional offers or offers with additional conditions are not allowed. The bid price must be submitted in a table in the required form, and all unit price fields must be completed. The bidder must also provide the names and contact details of the contract signatory or signatories and the contact person for contract performance matters; if the right of representation does not arise from the articles of association, a power of attorney must be included. In the case of a joint bid, a power of attorney from the joint bidders must be attached. The bidder must also state whether the offer contains trade secrets and, if so, justify that designation.