Compliance requirements
A bidder may be excluded if the bidder or a member of its representative, management or supervisory body has received a final conviction within the last five years for participation in a criminal organisation, corruption, fraud, terrorist offences or offences related to terrorist activity, money laundering or terrorist financing, illegal use of child labour or human trafficking, or if an exclusion period imposed by a judgment is still in force. Other statutory grounds for exclusion may also apply.
A breach of tax or social security contribution payment obligations may be grounds for exclusion. The stated threshold for tax debt is EUR 0, but the tax authority does not issue a certificate where the tax debt is below EUR 100 or payment has been deferred; for foreign bidders, the law of the country of establishment applies. A mandatory ground for exclusion also applies where a bidder has enabled a foreign national staying in the country without a legal basis to work, or enabled a breach of the conditions for a foreign national working in Estonia, including payment below the statutory wage rate. Bidders must confirm that awarding the contract to them would not violate an international sanction or a sanction imposed by the Government of Estonia. If a ground for exclusion applies, evidence of measures to restore reliability may be submitted only if the procurement exceeds the international threshold or the contracting authority has allowed this in the tender documents.