Compliance requirements
The bidder, its management, administrative or supervisory body members, and its representatives must not be subject to grounds for exclusion. These include final convictions within the last five years for participation in a criminal organisation, corruption, fraud, terrorist offences or related activities, money laundering or terrorist financing, unlawful child labour or human trafficking. Other grounds include breaches of environmental, social or labour law; bankruptcy, insolvency, liquidation or suspension of business; serious professional misconduct; agreements distorting competition; an unresolved conflict of interest; serious breaches of previous contracts; and misrepresentation, failure to provide required information or documents, or improper efforts to obtain confidential information. In certain cases, the bidder may provide evidence of measures taken to restore its reliability.
Failure to pay taxes or social security contributions may also result in exclusion. For Estonian tax debt, the tax authority does not issue a debt certificate where the debt administered by that authority is under EUR 100 or its payment has been deferred. For a foreign bidder, the rules of its country of establishment apply. Further grounds include allowing a foreign national who is unlawfully present in the country to work, breaching the conditions for a foreign national to work in Estonia, violating an international or Estonian Government sanction, and a tax-related criminal conviction of the bidder or its legal representative.
The bidder must confirm that it will not use a subcontractor during contract performance who would have to be replaced under the law. The bidder must also confirm that it is not established or resident in the Russian Federation or the Republic of Belarus.