Compliance requirements
The bidder must declare whether any exclusion ground applies to it or to a member of its management, administrative or supervisory body, or to its representative. Grounds include final convictions within the past five years for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, unlawful use of child labour, or human trafficking. They also cover tax or social security contribution arrears, insolvency, bankruptcy, liquidation, suspension of business activities, an arrangement with creditors and comparable situations.
Other possible grounds include serious professional misconduct, agreements distorting competition, an unavoidable conflict of interest, involvement in preparing the procurement where this creates an unfair advantage, material or repeated breach of a previous contract, false statements, failure to provide required information or documents, improper attempts to obtain confidential information, and breaches of environmental, social or labour-law obligations. National grounds include enabling a foreign national to work without a legal basis, entering into a contract in breach of international or Estonian sanctions, and conviction for a tax offence.
The threshold for tax or social security contribution arrears is EUR 0. In Estonia, a tax-debt certificate is not issued for debt below EUR 100 or where payment has been deferred; for foreign bidders, the law of their country of establishment applies. Where a ground applies, the bidder may provide information about measures taken to restore its reliability if this is permitted.