Compliance requirements
Exclusion grounds include final convictions within the last five years for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and the use of child labour or other forms of human trafficking. Grounds also include breaches of tax or social-security payment obligations; bankruptcy, insolvency, liquidation or similar situations; suspended business activity; and agreements with creditors.
A bidder may also be excluded for serious professional misconduct; agreements with other businesses intended to distort competition; an unmanageable conflict of interest; involvement in preparing the procurement that gives an unfair advantage which cannot otherwise be remedied; or serious or repeated failure to perform a previous public contract resulting in early termination, damages or a comparable sanction. Other grounds include submitting false information, withholding required information or documents, improperly seeking confidential information or otherwise improperly influencing the contracting authority’s decisions, and breaches of environmental, social or labour-law obligations.
National grounds include enabling a foreign national without lawful status to work, being subject to an applicable international or Estonian government sanction, and convictions for tax offences. The bidder must also confirm that it will not use subcontractors or suppliers for more than 10% of the contract value if they are Russian nationals, residents or entities established in Russia; are more than 50% owned by such persons or entities; or act on their behalf or under their instructions. The offered goods must not be subject to international sanctions or originate from sanctioned regions. Where permitted by law or the tender documents, a bidder to whom an exclusion ground applies may provide evidence of measures taken to restore its reliability. For Estonian tax arrears, the notice states that a tax-debt certificate is not issued where the debt is below EUR 100 or payment has been rescheduled; foreign bidders are assessed under the law of their country of establishment.