Compliance requirements
A bidder or its representative may be excluded following final convictions within the previous five years for participation in a criminal organisation, corruption, fraud, terrorist offences or offences related to terrorist activities, money laundering or terrorist financing, illegal child labour or human trafficking. Failure to pay taxes or social security contributions may also be grounds for exclusion. For Estonian tax debts, a certificate is not issued where the debt is below EUR 100 or payment has been deferred.
Other possible grounds include bankruptcy, liquidation, insolvency, assets being administered by a liquidator or court, suspension of business, an arrangement with creditors or a comparable situation; statutory exceptions may apply to purchases of goods. Further grounds include serious professional misconduct, agreements distorting competition, an unavoidable conflict of interest, involvement in preparing the procurement in a way that creates an advantage, significant or repeated breach of a previous public contract, and providing false information, withholding required information or documents, or improperly obtaining confidential information.
Grounds may also include breaches of environmental, social or labour-law obligations; enabling a foreign national to work without lawful grounds or in breach of the conditions for working in Estonia; entering into a contract with a person subject to international or national sanctions; and convictions of the bidder or its representative for tax offences. Where an exclusion ground applies, the bidder may provide information and evidence of remedial measures taken to restore its reliability where this is permitted.