Compliance requirements
Exclusion may apply if the bidder or a member of its representative, management or supervisory body has been finally convicted within the last five years of participation in a criminal organisation, corruption, fraud, a terrorist offence, money laundering or terrorist financing, unlawful use of child labour, or human trafficking. Other grounds may include failure to pay taxes or social security contributions; bankruptcy or insolvency; liquidation; administration of assets by a liquidator or court; suspension of business activities; or an arrangement with creditors.
Further grounds may include serious professional misconduct, agreements intended to distort competition, an unavoidable conflict of interest, involvement in preparing the procurement in a way that creates an unfair advantage, material or repeated breach of a previous public contract, and misrepresentation, failure to provide required information or documents, or improper efforts to obtain confidential information. Breaches of environmental, social and labour law obligations may also lead to exclusion. Additional grounds under Estonian law include enabling a foreign national to work in Estonia without a legal basis, breach of international sanctions, and conviction for a tax offence.
The bidder must provide the relevant declarations in the European Single Procurement Document. If an exclusion ground applies, the bidder may provide information on measures taken to restore its reliability where permitted by law and the procurement conditions. For tax debts, the Estonian tax authority does not issue a certificate where the debt in taxes administered by that authority, excluding interest not established by an administrative act, is below EUR 100 or payment of the debt has been deferred.