Compliance requirements
A bidder may be excluded if it or its relevant management, supervisory or representative persons have a final conviction for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking within the last five years, or remain subject to an exclusion period. The grounds also include unpaid taxes or social security contributions; bankruptcy, insolvency, liquidation, creditor arrangements or suspended business activity; serious professional misconduct; anti-competitive agreements; conflicts of interest or involvement in preparing the procurement where the resulting distortion cannot otherwise be prevented; and significant or repeated breach of an earlier contract resulting in early termination, damages or comparable sanctions. Other grounds include breaches of environmental, social or labour obligations, false or misleading information, failure to provide required information or documents, and improper attempts to influence the procedure or obtain confidential information.
National exclusion grounds include enabling a foreign national to work without a legal basis or in breach of applicable employment conditions, being subject to international sanctions, and, where applicable, convictions for tax offences. The bidder must make the relevant declarations. For tax arrears, the notice sets a zero threshold, while Estonian tax authorities do not issue an arrears certificate for debt below EUR 100 (excluding interest not established by an administrative act) or where payment has been deferred; foreign bidders are assessed under the rules of their country of establishment. Where the law or procurement conditions allow, a bidder may provide evidence of remedial measures to demonstrate restored reliability.