Compliance requirements
The bidder and relevant persons authorised to represent, manage or control it may be excluded for final convictions within the past five years for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or the use of child labour and other forms of human trafficking. The grounds also cover tax or social security payment defaults; bankruptcy, insolvency, liquidation or comparable situations; suspended business activity; serious professional misconduct; competition-distorting agreements; conflicts of interest that cannot otherwise be avoided; involvement in preparing the procurement where an advantage cannot otherwise be prevented; and significant or persistent failures under previous contracts resulting in early termination, damages, price reductions or penalties.
Exclusion may also apply for false or misleading information, withholding required information or documents, improper attempts to influence the procurement, or seeking confidential information to gain an unfair advantage; breaches of environmental, social or labour obligations; enabling the unlawful employment of foreign nationals; international sanctions; and conviction for tax offences. A bidder must confirm that entering into the contract would not breach international or Estonian sanctions. Enterprises established in Russia or Belarus may not participate. The bidder must also confirm that it will not involve, for more than 10% of the contract value, subcontractors or suppliers connected to Russian persons or entities as described in the tender conditions. Where legally permitted, a bidder may provide evidence of measures taken to restore its reliability.