Compliance requirements
The tenderer must confirm that neither it nor its management, administrative or supervisory members or representatives has, within the previous five years, been convicted of corruption, terrorism-related offences, money laundering or terrorist financing, child labour or human trafficking, participation in a criminal organisation, or fraud; there must also be no active exclusion period arising from such a conviction. Any measures taken to restore reliability may be described where applicable.
Failure to pay taxes or social security contributions may be grounds for exclusion. The notice specifies a threshold of EUR 0 for tax debt; however, it also states that the tax authority does not issue a certificate for debt below EUR 100 or where payment has been deferred. For a foreign tenderer, tax-debt certificates are issued under the law of its country of establishment.
Other grounds include breaches of environmental, social or labour-law obligations; bankruptcy, insolvency, liquidation or a comparable situation; assets being administered by a liquidator or court; suspended business activities; serious professional misconduct; agreements distorting competition; an unavoidable conflict of interest; involvement in preparing the procurement in a way that confers an undue advantage; serious or repeated breach of a previous contract; provision of false information, failure to submit required information or documents, or seeking confidential information to gain an improper advantage.
Under Estonian law, grounds also include a conviction for enabling a person residing in the country unlawfully to work, or for breaching the conditions governing a foreign national’s employment in Estonia, and being subject to an international sanction. Additional possible grounds are unpaid local taxes in the contracting authority’s area and a conviction for a tax offence.