Compliance requirements
The bidder must declare that no exclusion grounds apply to it or to members of its representative, management or supervisory bodies. These grounds include final convictions within the previous five years for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, and the use of child labour or human trafficking.
Grounds for exclusion may also include failure to pay taxes or social security contributions; bankruptcy, liquidation or another insolvency situation; assets being administered by a liquidator or court; suspension of business activities; serious professional misconduct; agreements intended to distort competition; an unavoidable conflict of interest; or a competitive advantage arising from involvement in preparing the procurement. They also include significant or repeated breach of a previous public contract, provision of false information, failure to provide required information or documents, and unlawfully obtaining confidential information or improperly influencing the contracting authority’s decisions.
Other grounds include breaches of environmental, social or labour-law obligations; enabling a foreign national to work in Estonia without a legal basis or breaching the conditions for a foreign national’s employment in Estonia; and a proposed contract award that would violate an international or Estonian government sanction. The contracting authority may request further information or evidence if there are reasonable grounds for doubt. A conviction for a tax offence may also constitute a ground for exclusion. The threshold for unpaid tax or social security contributions is stated as EUR 0; the notice explains that the Estonian tax authority does not issue a tax-debt certificate where the debt is below EUR 100 or its payment has been deferred. Where applicable, the bidder may submit evidence of measures taken to restore its reliability.