Compliance requirements
The bidder is excluded if it is bankrupt or in liquidation, if insolvency or liquidation proceedings have been initiated against it, if its business activity has been suspended, or if it is in a similar situation under the law of its country of establishment.
The bidder is also excluded if it has unpaid state taxes, fees or environmental charges, or unpaid tax or social security contributions under the law of its country of establishment, unless the debt has been deferred or paid, or is paid or deferred within 10 calendar days after receiving the relevant notice.
In addition, the bidder must confirm that none of the exclusion grounds listed in Section 95(1)(1–3 and 5) of the Public Procurement Act apply, taking into account Section 95(2). If the bidder has employees, the Tax and Customs Board evidence must show that the average wage of the employees has not been below 70% of the average wage in the relevant sector for the contract subject during the reference period. A foreign bidder must provide equivalent evidence from the competent authority in its country of establishment.
The bidder and the technical consultant advising the beneficiary on the apartment building reconstruction must not be related persons. If the required evidence of the absence of exclusion grounds is not submitted and cannot be checked in public registers, it must be provided within 10 calendar days; otherwise the tender will be excluded.
Qualification criteria and exclusion grounds
The bidder must be registered in the Register of Economic Activities for construction activities covering general building works, indoor climate systems, and internal or associated water supply or sewerage systems. For a foreign bidder, the MTR registration requirement does not apply, but equivalent proof of competence must be provided.
For electrical works, the bidder must have a registration in the Register of Economic Activities for the activity of electrical works, specifically for the construction, including installation, of electrical installations.
The bidder’s net turnover for the financial year preceding the submission of the tender must be at least equal to twice the estimated contract value excluding VAT. On request, the bidder must provide data on the net turnover for the last completed financial year, showing the year and the construction works turnover for that year in full euros.
When submitting the tender, the bidder must confirm that by the time the construction contract is signed it can provide, on first demand, a guarantee letter issued by a credit institution, financial institution or insurance company in the amount of 5% of the construction contract value excluding VAT. If the contract is signed before the guarantee is provided, the guarantee must be submitted within 10 calendar days after signing. The guarantee must remain valid throughout the construction period; a deposit of the corresponding amount to the contracting authority’s or a notary’s account is also accepted, provided that the beneficiary remains the entitled party throughout the construction period.
Within the 60 months before the start of the procurement procedure, the bidder must have carried out at least one comparable construction project with a value of at least half of the estimated contract value. Comparable works are defined as the construction, extension or full-building reconstruction of buildings as the main contractor, including at least structural and external envelope works, construction or reconstruction of a heat-recovery ventilation system, and construction or reconstruction of a new heating system.
The bidder’s team must include: a project manager with at least level 6 construction engineer qualification or level 6 construction manager qualification; a site manager with at least level 5 construction foreman qualification; a ventilation and heating systems specialist with at least level 6 heating, ventilation and cooling engineer qualification or level 6 construction manager qualification; a water supply and sewerage systems specialist with at least level 6 water supply and sewerage engineer qualification or level 6 construction manager qualification; a person performing electrical works with at least a class B competence certificate or level 6 electrical engineer qualification in consumer electrical installations; and an authorised architect at level 7 or a person with equivalent foreign competence responsible for compliance of the construction design with the requirements of the New European Bauhaus.
The bidder must have a quality management system in the construction sector that meets at least the EVS-EN ISO 9001 standard or equivalent requirements. It must also have an environmental management system that meets at least the EVS-EN ISO 14001 standard or equivalent requirements. Evidence of both must be provided.