Compliance requirements
The bidder must be excluded if the bidder or a person with management or representation powers has been convicted of participation in a criminal organisation, corruption, fraud, a terrorist offence, money laundering, terrorist financing, illegal employment of minors or human trafficking. Exclusion also applies if the bidder has tax, fee or environmental charge arrears, or social security contribution arrears under the law of the country of establishment, or if concluding the contract would breach an international sanction or a government sanction. The contracting authority may also exclude a bidder for serious or persistent breach of a previous public contract or for providing false information about exclusion grounds or qualification. The bidder must submit a confirmation of the absence of exclusion grounds on HD Annex 5; in a joint tender, all joint bidders must submit the confirmations. The exact exclusion grounds and confirmations must be checked in the tender documents.
Qualification criteria and exclusion grounds
The bidder must be registered in the commercial register of its country of establishment, if required by that country’s law, and an Estonian bidder does not need to submit a certificate of registration. If the bidder relies on the capacities of another entity, it must provide the details of that entity and that entity’s confirmations on the HD Annex 5.1 form. The bidder must have the right to perform the contract and the necessary licences and registrations, including a construction activity notice or an equivalent in the country of establishment. If a subcontractor is used to meet the right-to-operate requirement, the bidder must provide the subcontractor’s details and prove that the subcontractor will actually perform the relevant part of the contract. The bidder must submit the HD Annex 2 participation application, the HD Annex 7 price submission form, and, where applicable, an explanation and evidence of equivalence. Before submitting the tender, the bidder must inspect the site in person and carry out measurements if needed; if the representative has not visited the site or is not on the site-visit list, the tender may be deemed non-compliant. The net turnover requirement is at least EUR 1,000,000 excluding VAT in each of the last three completed financial years before the start of the procurement (2023, 2024 and 2025). In addition, the bidder must have completed at least 2 building reconstruction contracts during the previous 60 months; the exact scope of works and any further experience requirements must be checked in the tender documents.