Compliance requirements
A bidder may be excluded if it, or a member of its administrative, management or supervisory body or an authorised representative, has been finally convicted of participation in a criminal organisation, corruption, fraud, a terrorist offence or an offence related to terrorist activities, money laundering or terrorist financing, illegal use of child labour, or human trafficking. Convictions within the last five years are considered, as is any longer exclusion period imposed by a court. In certain cases, the bidder may provide evidence of measures taken to restore its reliability.
Failure to meet tax or social security contribution obligations is also an exclusion ground. The notice states a threshold of EUR 0; according to the additional information, the Estonian tax authority does not issue a tax-debt certificate for debts below EUR 100 or where payment has been deferred. For foreign bidders, the rules of their country of establishment apply.
It is a mandatory exclusion ground if the bidder, or a member of its administrative, management or supervisory body or an authorised representative, has been penalised for enabling a foreign national residing in Estonia without a legal basis to work, or for permitting breaches of the conditions governing a foreign national’s work in Estonia. Exclusion may also apply if awarding the contract would breach an international sanction or a sanction imposed by the Government of the Republic of Estonia. The bidder must confirm that the offered goods are not subject to international sanctions and do not originate from sanctioned regions, and that it will comply with the Russia-related sanctions restrictions applicable to subcontractors and suppliers.