Article 316.1 of the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, states that the Ministers and the Secretaries of State are the contracting authorities. of the General Administration of the State and, consequently, are entitled to conclude on their behalf contracts in the field of their competence. The consideration of the Secretaries of State as contracting authorities comes in turn, as laid down in Law 6/1997 of 14 April, of the Organization and the Functioning of the General Administration of the State, which, in point 6 of Article 14, points out, among others, as regards the powers and powers conferred on the Secretaries of State, to conclude contracts relating to the affairs of its Secretariat of State.

Moreover, article 320.1 of the legal text referred to above, and Articles 21 and 22 of Royal Decree 817/2009, of 8 May, for which the Law on Public Sector Contracts is partially developed, determine that, except in the the case in which the competition to contract corresponds to a Board of Contracting, in the open and restricted procedures and in the procedures negotiated with publicity referred to in Article 177.1 of the recast of the Law of Contracts of the Public Sector, the contracting authorities of the Public Administrations will be assisted by a Contracting Bureau, which shall be the body responsible for the assessment of tenders. In negotiated procedures where no notice of invitation to tender is necessary, the establishment of the Bureau shall be of the powers of the contracting authority.

Royal Decree 1823/2011, of 21 December, which restructured the ministerial departments, establishes the creation of the Ministry of Education, Culture and Sport, assuming the powers conferred on that date to the Ministries of Education and Culture, as well as those referred to the Higher Council of Sports. The basic organic structure of the Ministry of Education, Culture and Sport set out in Article 7 of Royal Decree 1887/2011 of 30 December 2011 includes the creation of the Secretaries of State for Education, Vocational Training and Universities. and the Culture, which determines, in conjunction with article 316 of the recast text of the Law of Public Sector Contracts, the coexistence of several contracting authorities in the Ministry: both Secretaries of State and the Minister.

On the other hand, the Royal Decree 257/2012, of 27 January, for which the basic organic structure of the Ministry of Education, Culture and Sport is developed, establishes in its article 2.1 a) the attachment to the department, through The Secretariat of State of Culture, the Autonomous National Library of Spain, the National Institute of the Performing Arts and the Music and Institute of Cinematography and the Audiovisual Arts. These bodies are currently appointed, as their own Bureau, to the Permanent Recruitment Bureau of the deleted Ministry of Culture.

The existence of several contracting authorities within the Ministry of Education, Culture and Sport, derived from its organic structure, linked to the volume, complexity and specialty of certain contracts in the field of competence of the newly created Secretariat of State for Culture, in order to ensure a better operability in the contractual and budgetary management activity, the need to proceed to the creation of two permanent Contracting Mesas, one, as body of assistance in the field of contractual action of the Minister for Education, Culture and Sport and the Secretary of State for Education, Vocational Training and Universities, and another, as a support body for the Secretary of State for Culture.

On the other hand, article 316.4 of the precise recused text of the Law on Public Sector Contracts establishes the possibility of constituting Contracting Boards, among others, in the ministerial departments and their organizations. self-employed persons, who shall act as contracting authorities, with quantitative limits or relating to the characteristics of contracts to be determined by the holder of the department. And Royal Decree 1098/2001 of 12 October, which approves the General Regulations of the Law on Contracts of Public Administrations, in its Article 5.4, provides that, with the exception of the legal adviser and the financial controller, the number of other vowels and system of designation as well as the organic dependence of the Boards may be altered by order of the corresponding Minister in attention to the diverse structure of the Ministry and the number, character and value of the contracts whose The Minister is assigned to the Board of Contracting.

On the basis of all this, now as a contracting authority, and for similar reasons to the aducides for the creation of its Recruitment Table, we proceed to the creation of the Board of Contracting of the Secretariat of State of Culture.

In addition to the nature of the administrative provision of this order, in accordance with Article 21.4 of Royal Decree 817/2009 of 8 May, the composition of the type of Mesas created in this order must be published in the 'Official Gazette of the State', without prejudice to its publication also in the contracting profile of the contracting authority.

In the handling of this order, a report has been requested from the Advisory Board of Administrative Contracting, as provided for in the additional provision of Royal Decree 1098/2001 of 12 October 2001. that the General Regulations of the Public Administrations Law are approved, and has also been the subject of a report of both the Delegated Intervention and the Legal Service in the Department.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Establishment and composition of the Permanent Recruitment Bureau of the Ministry of Education, Culture and Sport and the Secretariat of State for Education, Vocational Training and Universities.

1. Under the Department's Secretariat, and for the field of contracts concluded by the Minister for Education, Culture and Sport and the Secretary of State for Education, Vocational Training and Universities, it is established on a permanent basis. a Recruitment Bureau composed of the following members appointed by the Minister:

a) President: The Department's Senior Officer, who may be pleaded in cases of vacancy, absence, illness, or other cause justified by the Vice President.

b) Vice President: Deputy Director General of the Department's Senior Office, which may be replaced in cases of vacancy, absence, illness, or other justified cause by whom the President appoints.

c) Vocals:

1. A State Attorney from among those assigned to the State of the State of the Department.

2. A Controller of the Delegate Intervention in the Department.

3. A representative of the Technical Cabinet of the Secretariat, with the rank of Deputy Director General or assimilated, appointed by the Chief of the Technical Cabinet of the Secretariat.

4. A representative of the Secretary of State for Education, Vocational Training and Universities, with the rank of Deputy Director General or assimilated, appointed by the Secretary of State.

5. º A representative, level 28 or higher, of the management center that has promoted the file, designated by the holder of the corresponding management center.

The vowels will be replaced by their respective alternates, who will be appointed by the same procedure and a similar level as the holders.

(d) Secretary: The Chief of Staff of the Office of the Senior Official in charge of the processing of the procurement files, with a voice and without a vote, which may be replaced in the case of vacancy, absence, illness or other justified cause by an official, of a similar level, attached to the Department's Major Office.

2. Depending on the nature of the issues to be dealt with, and if the President so requires, it will be possible to incorporate the specialized advisors deemed necessary into the Recruitment Table, with a voice but without a vote.

Article 2. Creation and composition of the Permanent Recruitment Bureau of the Secretariat of State of Culture.

1. Attached to the Secretariat of State of Culture, and for its scope of contract performance with the exception of its Contracting Board, a Contracting Table, composed of the following members, is created on a permanent basis:

(a) President: The Deputy Director-General for Economic and Financial Management who may be replaced in the case of vacancy, absence, illness or other cause justified by the Vice-President.

b) Vice-Chair: An official of the General Secretariat for Economic and Financial Management, level 28 or higher, appointed by the Secretary of State for Culture on a proposal from the Deputy Director General, who may be cases of vacancy, absence, illness, or other justified cause by whom the President is appointed.

c) Vocals:

1. A State Attorney from among those assigned to the State of the State of the Department.

2. A Controller of the Delegate Intervention in the Department.

3. A representative of the Cabinet of the Secretary of State for Culture of level 28 or higher, appointed by the Secretary of State for Culture on the proposal of the Director of the Cabinet.

4. A representative of the Department's Senior Officer, level 28 or higher, appointed by the Secretary of State for Culture at the proposal of the Head of the Technical Cabinet of the Department's Deputy Secretary.

5. A representative of level 28 or higher, of the management center that has promoted the file, designated by the Secretary of State of Culture at the proposal of the holder of the corresponding management center.

The vowels will be replaced by their respective alternates, who will be appointed by the same procedure and a similar level as the holders.

(d) Secretary: An official assigned to the General Secretariat for Economic and Financial Management, level 26 or higher, with a voice and without a vote, to be appointed by the Secretary of State for Culture, on a proposal from the Deputy Director General and which may be replaced in the case of vacancy, absence, illness or other cause justified by the official of similar level appointed by the Deputy Director-General for Economic and Financial Management among those assigned in that Subdirection General.

2. Depending on the nature of the issues to be dealt with, and if the President so requires, it will be possible to incorporate the specialized advisors deemed necessary into the Recruitment Table, with a voice but without a vote.

Article 3. Privileges, functioning and legal status of the Contracting Messes.

1. The Permanent Contracting Tables shall act in the cases provided for in Article 320 of the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, and Articles 21 and 22 of the Royal Decree 817/2009 of 8 May, for which the Law on Public Sector Contracts is partially developed.

The Bureau of Permanent Contracting of the Secretariat of State of Culture will assume such functions with the exception of contracts that, in accordance with Article 6 of this order, correspond to the Board of Contracting of the Secretariat State of Culture.

2. To the Contracting Tables, and as appropriate to the membership organ of each of them, the public bodies under the Ministry of Education, Culture and Sport, whose contracting bodies are appointed as Bureau, may be adhered to. own.

3. The Permanent Contracting Tables shall meet, after convening their President, in the attention of the procurement files to be processed and which, in accordance with this order, require their intervention.

4. For the valid constitution of the permanent contracting parties, for the purposes of holding meetings, deliberations and agreements, the absolute majority of its members shall be present and, in any event, the President, the Registrar and the two Vocals that have assigned the functions corresponding to the legal advice and the economic-budgetary control of the organ.

5. The Permanent Contracting Tables shall be governed by the provisions of this order, as well as by the rules that may be dictated for their internal functioning, and in all the provisions of these provisions, shall be as set out in the text. recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, in Royal Decree 817/2009, of 8 May, for which the Law of Public Sector Contracts is partially developed, as well as in the Law No 30/1992 of 26 November 1992 on the legal system of public administrations and the procedure Common Administrative.

Article 4. Creation of the Contracting Board of the Secretariat of State of Culture.

The Board of Contracting of the Secretariat of State of Culture, attached to it and for its scope of action, is created, excluded the public bodies attached to the Ministry of Education, Culture and Sport through that, with the composition and functions that are regulated in this order.

Article 5. Composition of the Contracting Board of the Secretariat of State of Culture.

1. The Contracting Board of the Secretariat of State of Culture shall be composed of the following members:

(a) President: The Deputy Director-General for Economic and Financial Management of the Secretariat of State for Culture.

b) First Vice President: A level 30 representative attached to the Cabinet of the Secretary of State for Culture.

c) Second Vice-President: A representative of level 28 or higher, attached to the General Secretariat for Economic and Financial Management of the Secretariat of State for Culture.

d) Vocals:

1. A State Attorney from among those assigned to the State of the State of the Department.

2. A Controller of the Delegate Intervention in the Department.

3. A representative, of level 28 or higher, for each of the management centers corresponding to the General Direction of Fine Arts and Cultural and Archives and Libraries, and the Directorate General of Politics and Cultural and Book Industries, when they have formulated a proposal to be examined in the session in question. These Vowels shall be appointed by the Secretary of State for Culture, on a proposal from the head of the management body.

(e) Secretary: An official assigned to the General Secretariat for Economic and Financial Management, level 26 or higher, with a voice and without a vote, to be appointed by the Secretary of State for Culture, on a proposal from the Deputy Director General.

2. Where the purpose of the contracts is advised and required by the President, the Board of Contracting, with a voice but without a vote, may be incorporated by the specialized advisors deemed necessary.

3. In case of vacancy, absence or illness and, in general, where there is a justified cause, the following system of supply of the members of the Board of Contracting is established:

a) The President will be replaced by the First Vice President.

(b) The second Vice-President may act as an alternate for the President and the Vice-President first.

(c) The Vocals by their respective alternates, who shall be appointed by the same procedure and similar levels as the holders.

(d) The Secretary shall be replaced by the official appointed by the Deputy Director-General for Economic and Financial Management among those assigned to that Subdirection General, level 26 or above.

Article 6. Functions of the Board of Contracting.

The Recruitment Board will have the following functions:

1. Acting as the contracting authority of the Secretariat of State for Culture, within the meaning of Article 316.4 of the recast of the Law on Public Sector Contracts, in the following cases:

a) Contracts for simple repair, restoration or rehabilitation, preservation and maintenance works.

b) Supply contracts that relate to consumable or easy to use goods.

c) Service contracts.

The contracts referred to in the preceding letters shall be excluded, in any case, where they have been declared as centralised procurement, as well as all those with the consideration of minor contracts.

2. In addition to those referred to in the preceding paragraph and without prejudice to the final paragraph of Article 7 of Royal Decree 1098/2001 of 12 October 2001, the following tasks are to be performed by the Board of Contracting Dependents of the Secretariat of State for Culture:

(a) The general programming and monitoring and control of the procurement in the Secretariat of State of Culture, for which its central management bodies will have to collaborate with the Board of Contracting on plans and forecasts for semi-annual, annual or multi-annual needs.

b) The elaboration and dissemination of guidelines and recommendations on recruitment.

c) The preparation, prior to the corresponding reports, of standard documents and models for the processing of the different procurement modalities, and for the formalisation of contracts concluded by the Board of Recruitment.

d) The annual evaluation of the results of administrative procurement in the field of the Secretariat of State of Culture.

Article 7. Management of expenditure by the Board of Recruitment.

The Board of Contracting in relation to the management of the expenditure related to the procurement, shall also be competent for its approval and commitment.

For the other powers of the implementation procedure for expenditure, the provisions of the ministerial orders of delegation of powers of the Ministry of Education, Culture and Sport shall apply, where appropriate.

Article 8. Operation of the Board of Recruitment.

The Board of Contracting shall meet by agreement of its Chairman, provided that this is deemed necessary according to the number and importance of the matters to be dealt with, and shall be governed, as regards its operation, by the provisions of this order, by the rules of internal functioning which it may approve, and in the absence of these provisions, by the rules that are applicable from the recast text of the Law on Public Sector Contracts, of Royal Decree 1098/2001, of October 12, by which the General Regulations of the Law on the Law of Contracts of the Administrations are approved Public, and by the precepts listed in Chapter II of Title II of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single transient arrangement. Cases dealt with by the Contracting Messes and the Board of Contracting of the suppressed Ministries of Education and Culture.

1. The procurement files which, at the date of the entry into force of this order, are to be processed or are being processed by the Contracting Tables of the suppressed Ministries of Education and Culture shall be processed by the Messes. created in this order.

2. The procurement files which, at the date of entry into force of this order, are to be processed or are being processed by the Board of Contracting of the deleted Ministry of Culture shall be processed by the Board created in this order.

Single repeal provision. Regulatory repeal.

The following orders are repealed:

(a) Order of 21 January 2005, of 21 January 2005, establishing the Recruitment Bureau of the Ministry of Culture.

b) Order of 25 November, Order of 25 November 2008, creating the Board of Recruitment in the Ministry of Culture, and amending the Order of Culture of 21 January 2005, which is set up by the Ministry of Culture's Recruitment Bureau.

c) Order EDU/357/2010, of 18 February, for which the Single Contracting Table of the Ministry of Education is set up.

Single end disposition. Entry into force.

This order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 13 September 2012.-The Minister of Education, Culture and Sport, José Ignacio Wert Ortega.