392/2010 Coll. Decree of 14 December 2010 establishing requirements for the content of applications prior opinion of the Ministry of Finance in public procurement Ministry of Finance, pursuant to § 159 paragraph. 4 of the Act no. 137/2006 Coll., On Public Procurement, as amended by Law no. 179 / 2010 Sb .: § 1 Particulars of the content of the application (1) If the estimated value of public procurement is at least CZK 500 mil. and the contract is to be concluded for at least 5 years or for an indefinite period, the contracting authority must request a prior opinion from the Ministry of Finance (hereinafter " applicant ") contain a) the definition of the subject contract, b) the estimated value of public contracts, c) the estimated amount of individual payments applicants and their temporal distribution, including the conditions under which it is possible to exceed the bid price ^ 1), d) the estimated liabilities the successful tenderer related to the contract, provided that these obligations a guarantee by the applicant, e) other estimated liabilities applicant's potential impact on the budget resulting from the implementation of the agreement, in particular the agreed contractual penalties, default interest, penalties, costs arising from the delay in performing the contract f) the estimated amount of benefit paid to the applicant by the successful tenderer, the way to their destination and their eventual limits, if it is assumed their existence, g) the estimated other income of the applicant arising from public procurement, especially that arising from legal notices to refinance foreign capital private partner, h ) the estimated amount of payments arising selected candidate directly from users, the way their destination or their possible limits, if it is assumed privileges such payments from, i) the estimated time at which the contract is concluded, j) a description of the anticipated economic situation of the applicant during the period for which the contract is concluded, including the debt of the applicant and liabilities of individuals and legal entities for which the applicant has pledged to) the estimated impact of public procurement on the economic situation of the applicant, including justification for the applicant's ability to meet financial obligations referred to in points c), e), l) the anticipated definition of legal the relations of the Parties to the property, which is designed to implement contracts throughout the expected validity of the contract, am) expected conditions for terminating the contract and the financial and property consequences that termination of the contract arise for applicants, including information on claims funding institutions in the event of early termination of the project. (2) If the subject of a public contract provision of services, the application also includes a) the anticipated definition of the responsibilities of the Parties for the economic impact in case of non-availability of services and b) the anticipated definition of the responsibilities of the Parties for the economic consequences in the event of divergent developments in demand compared with the expected development. (3) The application local government body shall be accompanied by a) the last approved budget outlook ^ 2), b) the decision of the competent authority territorial government public procurement and c) the last council discussed and approved the final account of territorial government, including a report on the results of the examination of the . (4) The application of the contracting authority, which is an organization, and the application of the contracting authority pursuant to § 2 para. 2 point. d) of the Act no. 137/2006 Coll., on Public Procurement, as amended, shall be attached to the annual financial statements ^ 3) compiled for the accounting period preceding the date of application. (5) If the applicant is the Czech National Bank, paragraphs 1, 2 and 4 shall not apply. Request by the Czech National Bank shall include: a) the definition of the subject contract, b) the estimated value of public contracts and c) the estimated period for which the contract is concluded. § 2 Effect This Decree shall take effect on the date of publication. Minister: Ing. Kalousek vr 1), § 44 par. 3 of Act no. 137/2006 Coll., On public procurement. 2) § 3 of the Act no. 250/2000 Coll., On budgetary rules of territorial budgets, as amended. 3) § 6 par. 4 of the Act no. 563/1991 Coll., On Accounting, as amended.