Compliance requirements
Exclusion may apply if the bidder, or a member of its administrative, management or supervisory body, its representative or a person exercising control over it, has been convicted by a final judgment within the last five years of participation in a criminal organisation, corruption, fraud, a terrorism-related offence, money laundering or terrorist financing, the illegal use of child labour or human trafficking. The grounds also include enabling the unlawful employment of foreign nationals as specified by law and being subject to an international sanction.
Other grounds may include failure to pay taxes or social security contributions; breaches of environmental, social or labour-law obligations; bankruptcy, liquidation or insolvency; an arrangement with creditors; assets administered by a liquidator or court; or suspension of business activities. The notice sets the threshold for tax and social security debt at EUR 0. Its additional information states that Estonia does not issue a tax-debt certificate where the debt is below EUR 100 or payment has been deferred.
Grounds may also include serious professional misconduct, agreements distorting competition, an unavoidable conflict of interest, an unfair advantage arising from involvement in preparing the procurement, or a material or repeated breach of a previous public contract resulting in termination, a price reduction, damages or a contractual penalty. Exclusion may also follow from submitting false information, withholding required information or documents, improperly influencing the decision-making process, or seeking confidential information. The notice additionally identifies conviction for tax offences as a discretionary ground. Where permitted in the circumstances, a bidder facing an exclusion ground may submit evidence of measures taken to restore its reliability.