Compliance requirements
The bidder must declare whether it or its relevant management, supervisory or representative persons have, within the previous five years or while a disqualification remains in force, been convicted of participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, child labour or human trafficking. The bidder must also declare whether it has breached tax or social-security payment obligations; is bankrupt, insolvent, being liquidated, subject to similar proceedings, or has suspended its business; or has entered into an arrangement with creditors.
Other grounds include serious professional misconduct; breaches of environmental, social or labour-law obligations; agreements intended to distort competition; an unresolved conflict of interest; involvement in preparing this procurement that creates an unavoidable competitive advantage; serious or repeated failures under previous public contracts resulting in early termination, damages or comparable sanctions; and submitting false or misleading information, withholding required information or documents, or improperly seeking confidential information. The bidder must also declare whether it or relevant persons have been convicted of enabling unlawful employment of a foreign national, whether entering into the contract would breach an international or Estonian government sanction, and whether relevant persons have been convicted of tax offences. The tax-debt threshold is stated as zero, with the qualification that a tax authority does not issue a debt certificate where the debt is below EUR 100 or payment has been deferred. Where permitted, the bidder may provide evidence of measures taken to restore its reliability.
The bidder must confirm that it will not involve, for more than 10% of the contract value, subcontractors or suppliers who are Russian nationals, residents or entities established in Russia; entities more than 50% owned by such persons or entities; or persons or entities acting on their behalf or under their direction. A tender that would make the resulting contract void under the applicable sanctions rules will be rejected.