Compliance requirements
The bidder must confirm that neither it nor its representatives have, during the last five years, been convicted by a final court judgment of participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, unlawful use of child labour or human trafficking-related offences. Exclusion may also result from unpaid taxes or social security contributions, breaches of environmental, social or labour law, bankruptcy or insolvency, an arrangement with creditors, assets administered by a liquidator or court, suspended business activity, serious professional misconduct, agreements restricting competition, a conflict of interest, involvement in preparing the procurement, serious breaches or early termination of previous contracts, submission of false information or failure to provide required documents, or unlawfully obtaining confidential information. The checks also cover enabling an unlawfully staying foreign national to work, international sanctions, local tax debt in the contracting authority’s area and tax offences. For tax or social security debt, the stated threshold is EUR 0; among other cases, a tax debt certificate is not issued where the debt is below EUR 100 or payment has been deferred. The bidder must confirm that its place of residence or establishment is in Estonia, an EU or EEA country, or a country party to the WTO Government Procurement Agreement, and not in Russia or Belarus. It must also not use subcontractors or suppliers covered by the Russian sanctions restrictions for more than 10% of the contract value. Where an exclusion ground applies, evidence of remedial measures may be submitted in certain circumstances.