Compliance requirements
A bidder may be excluded if the bidder or a member of its administrative, management or supervisory body, or a person authorised to represent, make decisions for or control it, has a relevant conviction within the last five years or remains subject to an exclusion period. The offences include participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and child labour or human trafficking. National grounds also cover convictions for enabling the unlawful employment of a foreign national, certain tax offences, and being subject to an international or Estonian government sanction that would make the contract unlawful.
Other grounds include failure to pay taxes or social security contributions; bankruptcy, insolvency, liquidation, an arrangement with creditors, suspended business activity or a comparable situation; serious professional misconduct; agreements or conduct intended to distort competition; a conflict of interest that cannot be avoided by other means; involvement in preparing the procurement where an resulting competitive advantage cannot otherwise be remedied; and significant or repeated breaches of previous contracts leading to early termination, damages, price reductions or comparable sanctions. A bidder may also be excluded for submitting false or misleading information, withholding information, failing to provide requested evidence, or improperly seeking confidential information to gain an advantage. The notice states that a tax-debt certificate is not issued where the debt is below EUR 100, excluding interest not determined by an administrative act, or where payment has been rescheduled. Where legally permitted, the bidder may submit evidence of measures taken to restore its reliability.