Compliance requirements
The hankepass asks the bidder to declare whether exclusion grounds apply to the bidder or, where relevant, its managers, supervisory body members or authorised representatives. Grounds include final convictions within the last five years, or an exclusion period still in force, for participation in a criminal organisation, corruption, fraud, terrorism-related offences, money laundering or terrorist financing, and child labour or human trafficking.
Other grounds include unpaid taxes or social security contributions; bankruptcy, insolvency, liquidation, creditor arrangements, a similar legal situation or suspended business activity; serious professional misconduct; agreements with other businesses intended to distort competition; an unmanageable conflict of interest; involvement in preparing this procurement that gives an unfair advantage which cannot otherwise be remedied; and significant or repeated breaches of earlier contracts resulting in early termination, damages, price reduction or penalties. Grounds also cover breaches of environmental, social or labour obligations, false or misleading information, withholding required information, failure to submit requested supporting documents promptly, or seeking confidential information to gain an improper advantage.
National grounds include enabling a foreign national to work without a legal basis or in breach of applicable employment conditions, entering into a contract with a person or entity subject to an international or Estonian government sanction, and convictions for tax offences. The bidder may be asked to declare whether any ground applies and, where permitted, describe remedial measures taken to restore its reliability. For tax debts, the notice states that a tax-debt certificate is not issued 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 law of their country of establishment.