Compliance requirements
The exclusion grounds apply to the economic operator and its administrative, management or supervisory body members and authorised representatives. They include final convictions within the last five years for fraud, participation in a criminal organisation, corruption, terrorist offences or related offences, illegal child labour, human trafficking, money laundering or terrorist financing; any exclusion ban that remains in force is also relevant. Where applicable, the operator may provide evidence of measures taken to restore its reliability.
Grounds for exclusion also include breaches of tax or social security contribution payment obligations, and enabling a foreign national residing in the country without a legal basis to work or enabling a breach of the conditions for a foreign national’s employment in Estonia. The notice specifies a threshold of EUR 0 for tax debt; the accompanying information states that an Estonian tax debt certificate is not issued where the debt is below EUR 100 or its payment has been rescheduled. For a foreign operator, tax debt evidence is issued under the law of its country of establishment.
The contracting authority also checks whether the operator is subject to an international sanction. The bidder must confirm that it will not engage a subcontractor during contract performance who would have to be replaced under the applicable rules.