Compliance requirements
The bidder may be excluded for final convictions within the previous five years, or where an exclusion period remains in force, for participation in a criminal organisation, corruption, fraud, terrorist offences, money laundering or terrorist financing, or child labour and human trafficking. These grounds may also apply to members of the bidder’s administrative, management or supervisory bodies and persons authorised to represent, make decisions for or control the bidder. Where permitted, the bidder may provide evidence of measures taken to restore its reliability.
Exclusion grounds also include unpaid taxes or social security contributions; breaches of environmental, social or labour obligations; bankruptcy, insolvency, liquidation, an arrangement with creditors, suspended business activities or a comparable situation; serious professional misconduct; competition-distorting agreements; an unmanageable conflict of interest; improper involvement in preparing the procurement; and significant or persistent failures under previous contracts resulting in early termination, damages, price reduction or penalties. Exclusion may also follow from false or misleading information, failure to provide required information or documents, or attempts to obtain confidential information or improperly influence the contracting authority.
National grounds include permitting a foreign national to work without a lawful basis or under unlawful employment conditions, being subject to an international or Estonian government sanctions regime, and certain tax-related convictions. The notice specifies a zero threshold for tax and social security arrears; its explanatory note states that the tax authority does not issue an arrears certificate where the relevant tax debt is below EUR 100 or payment has been rescheduled. A contract that would breach applicable sanctions may not be awarded.