Compliance requirements
A tenderer must be excluded if it, or a person authorised to represent, manage or control it, has been convicted of participation in a criminal organisation, breach of integrity obligations, corruption, fraud, terrorism-related offences, money laundering or terrorist financing; offences concerning the unlawful employment of foreign nationals or breaches of their employment conditions; or offences related to child labour or human trafficking. Exclusion also applies where the tenderer has outstanding taxes, contributions or environmental charges, or where awarding the contract would breach an international or Estonian government sanction.
The contracting authority may also exclude a tenderer for breaches of environmental, social or labour obligations; insolvency, liquidation or a comparable situation; serious professional misconduct; anti-competitive conduct; an unmanageable conflict of interest; an unfair advantage arising from involvement in preparing the procurement; significant or repeated breaches of earlier public contracts; false or withheld qualification information; attempts to improperly influence the contracting authority or obtain confidential information; tax-related convictions of the tenderer or its legal representatives; or lack of the legal right to submit an offer. Participation is restricted to businesses established in Estonia, another EU Member State, an EEA contracting state or a country party to the WTO Government Procurement Agreement.
A tenderer registered outside Estonia must submit a criminal-record certificate or equivalent document covering the specified offences, and a certificate from the competent authority in its country of establishment concerning tax and social-security obligations.