The current content of art. 26 par. 3 PZP does not allow to accept that the legislator resigned from the requirement to submit, upon request of the Contracting Authority, the declarations and documents confirming the fulfillment by the Contractor the conditions of taking part in the proceedings and the Contracting Authority’s requirement – the state from the day of expiry of tender submission.

The Contractor still agrees to prove – subject to elimination from the proceedings, that he fulfilled the requirements of taking part in the proceeding on the day of tender submission, which is proved by the confirmation in the JEDZ document submitted by the Contractor and separate declarations attached to the tender. This state must be maintained until the conclusion of agreement.

The amendment to the art. 26 par. 3 PZP allows the Contractors only to complete the documents upon the request of the Contracting Authority with a current date, but the content must confirm the fulfillment of the requirements of taking part in the proceedings on the day of tender submission. At the same time the JEDZ document is the Contractor’s declaration, which is an initial confirmation, that the Contractor is not excluded from the proceeding. This declaration reflects the state from the day of tender submission, what is clearly indicated in the art. 25a par. 1 PZP on the fulfillment of requirements of taking part in the proceeding, and not their hypothetical possible fulfillment in the course of proceeding for obtaining the procurement.

Consequently, submitting by the Contractor the completion of the documents confirming that he meets the requirements of taking part in the proceeding of obtaining the procurement on the day of receiving a notice, may not constitute the proper filling in of the gaps that result in admitting that the Contractor has met the requirements of taking part in the proceeding for granting a Procurement and that there are no reasons to reject the Contractor’s tender. (KIO in the Sentence of 20th April 2017, file no. KIO 707/17)