Compliance requirements
A tenderer may be excluded for relevant final convictions of the tenderer or its management, supervisory or representative persons, including participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and child labour or human trafficking. The conviction-related grounds generally cover the previous five years or any exclusion period still in force.
Other grounds include unpaid taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, suspension of business or comparable situations; serious professional misconduct; agreements or conduct intended to distort competition; an unresolvable conflict of interest; involvement in preparing the procurement where an resulting competitive advantage cannot otherwise be remedied; serious or repeated failures under previous public contracts resulting in early termination, damages or comparable sanctions; and false, withheld or misleading information, failure to provide requested documents, or attempts to obtain confidential information or improperly influence the procedure. The grounds also include enabling the unlawful employment of a foreign national, relevant tax offences, applicable local tax debt, and any international or Estonian sanctions that would make entering into the contract unlawful. Participation may be restricted for tenderers established in Russia or Belarus, or tenderers relying on such entities.
The tenderer must also confirm that subcontractors and suppliers connected with Russia, as described in the tender documents, will not be engaged for more than 10% of the contract value. A bid that would result in a contract prohibited under the applicable sanctions rules will be rejected.