Compliance requirements
The bidder may be excluded for final convictions within the past five years, or a continuing exclusion period, involving the bidder or relevant management, supervisory or representative persons for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, or child labour and human trafficking. The grounds also cover unpaid taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, creditor arrangements, administration of assets by a liquidator or court, suspended business activity or a comparable situation; serious professional misconduct; anti-competitive agreements; an unmanageable conflict of interest; involvement in preparing the procurement that creates an unavoidable competitive advantage; serious or repeated breach of a previous public contract resulting in early termination, damages, a price reduction or a penalty; and false or misleading information, withholding information, failure to provide requested supporting documents, or improperly obtaining confidential information or influencing the procurement decision.
Additional national grounds include enabling a foreign national to work without a legal basis or in breach of applicable employment conditions, including paying below the legally required wage; being subject to an international or Estonian government sanction; and relevant tax-crime convictions. Participation is not permitted for businesses established or resident in Russia or Belarus. The bidder must also confirm that it will not involve, for more than 10% of the contract value, subcontractors or suppliers who are Russian nationals or residents or entities established in Russia, are more than 50% directly or indirectly owned by such persons or entities, or act on their behalf or instructions. The contracting authority rejects bids that would result in a contract prohibited by sanctions law. Where an exclusion ground applies, evidence of measures taken to restore reliability may be submitted where legally permitted or provided for in the tender documents.