The Requirement Of The Ministry's Opinion In Public Procurement

Original Language Title: the requirement of the MF's opinion in public procurement

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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 section 159, paragraph it. 4 of the Act No. 137/2006 Coll., On Public Procurement, as amended by Law No. 179/2010 Coll.: section 1 of the Particulars of the content of the application (1) If the estimated value of public procurement is at least CZK 500 million. and the contract is to be II for at least 5 years or for an indefinite period, the contracting authority must request a prior opinion from the Ministry of Finance (hereinafter "the 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 related to the successful tenderer the contract, provided that these obligations and guarantee by the applicant, e) other liabilities estimated the 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 the 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 this refinance private foreign capital 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 even) the estimated time at which the contract is II, s) and the description of the anticipated economic situation of the applicant during the period for which the contract is II, including the debt of the applicant and liabilities of individuals and legal entities for which the applicant has pledged assets) the estimated impact of public procurement on the economic situation of the applicant , including Kennel justification for the applicant's ability to meet the financial obligations referred to in points (c)) it, e), l) the definition of the anticipated legal relations of the Parties that the property, which is designed by contracts throughout the expected validity of the contract, am) expected conditions for terminating the contract and the consequences of the financial and property that the termination of the contract arise for applicants information on claims, including funding institutions in the event of early termination of the project. (2) If the subject of the public contract and the provision of services, the application also includes a) anticipated the definition of the responsibilities of the Parties for the economic impact in the 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 local government shall be accompanied by points and the last approved budget) outlook b ^ 2)), the decision of the competent authority, territorial government public procurement and (c)) the last council discussed and approved the final account of the 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 section 2 para's. 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 II. § 2 the Effect This Decree shall take effect on the date of publication. Minister: Ing. K vr 1), § 44 par. 3 of Act No. 137/2006 Coll., On public procurement. 2) section 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.