Compliance requirements
The tenderer must declare whether it, or its management, supervisory or representative persons, are subject to exclusion grounds. These include final convictions within the previous five years (or a continuing exclusion period) for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and the use of child labour or other forms of human trafficking. Grounds also include unpaid taxes or social security contributions, breaches of environmental, social or labour obligations, bankruptcy, insolvency, liquidation or comparable proceedings, an arrangement with creditors, an administrator or court managing the tenderer’s assets, or suspension of business.
Other grounds include serious professional misconduct; agreements with other businesses intended to distort competition; an unmanageable conflict of interest; involvement in preparing this procurement that creates an advantage which cannot otherwise be remedied; significant or repeated breach of a previous public contract resulting in early termination, damages or comparable sanctions; providing false or misleading information, withholding information or failing to provide requested supporting documents; and improperly seeking confidential information or influencing the contracting authority. National grounds include enabling a person without lawful residence to work or breaching rules on foreign workers, being subject to an applicable international sanction, conviction for tax offences, and—where provided for in the procurement documents—local tax debt. For tax and social security debts, the notice sets a threshold of EUR 0; under Estonian rules, a tax-debt certificate is not issued for debt below EUR 100 or where payment has been deferred. Where the law or procurement documents allow it, the tenderer may provide evidence of measures taken to restore its reliability.