Compliance requirements
The bidder must declare whether it, or any member of its administrative, management or supervisory body or representative, has received a final conviction within the last five years for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, unlawful use of child labour or human trafficking. Where relevant, the bidder must describe the conviction and exclusion period and any measures taken to demonstrate its reliability.
Exclusion grounds include unpaid taxes or social security contributions and unpaid local taxes in the contracting authority’s area. The Estonian tax authority does not issue a tax-debt certificate where the debt is below EUR 100 or payment has been rescheduled. The bidder must also declare whether applicable environmental, social or labour-law obligations have been breached, or whether it is insolvent, bankrupt, being wound up, has entered into an arrangement with creditors, or has suspended its business activities. Other grounds include serious professional misconduct, agreements distorting competition, an unresolved conflict of interest or improper involvement in preparing the procurement, and early termination of a previous contract or related damages or comparable sanctions.
Grounds may also include providing false information, failing to submit required information or documents, improperly influencing the contracting authority’s decisions, or seeking confidential information. National grounds include enabling a foreign national who is unlawfully present in the country to work or breaching a foreign national’s working conditions, being subject to international sanctions, owing local taxes, and having been convicted of a tax offence. The applicable grounds are assessed under the legislation and procurement documents; the bidder may be asked to explain the circumstances and any remedial measures taken.