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Royal Decree 1286/2010, of 15 October, approving the Statute of the autonomous agency Institute of Housing, Infrastructure and Equipment of Defense (ESTABLISHED), determines in its article 7.a) as functions of the INVIED, to acquire by purchase or by any other means admitted in law real estate and real rights, destined for the infrastructure and use by the Armed Forces, as well as movable goods, armament and material for use by those; in Article 7 (l) of the Treaty on the development of the Ministry of Defence's guidelines on heritage, contributing to the implementation of the Armed Forces ' infrastructure plans, through the implementation of investment programs and projects, including those aimed at improving the living conditions of military personnel, in the field of accommodation, within the framework of the process of professionalization and modernization of the Armed Forces.
In addition, the aforementioned Staff Regulations in Article 15.2.f) collect as one of the powers of the Managing Director to conclude contracts for the acquisition of immovable property and for the purchase or supply of movable property, arms, material and equipment for use by the Armed Forces, subject to prior authorisation from the Governing Council.
On the other hand, article 5.4 of the aforementioned royal decree states that the proceeds from the activities of the INVIED will be applied to the acquisition of infrastructure and equipment for use by the Armed Forces, the economic compensation and the aid for the acquisition of housing of its members, as well as for the purposes of professionalization modernization of the Defense and the personnel to the service of the same, and to specific programs of investigation, development and innovation in the field of defence.
Law 24/2011 of 1 August on Public Sector Contracts in the fields of defence and security (LCSPDS) has established a specific regulation of contracts concluded in those areas.
For this Law 24/2011 to be applicable to the various contracting authorities of the Ministry of Defense, Royal Decree 1675/2011, of 18 November, has amended Royal Decree 1053 /2010, of 5 August, of deconcentration of powers in the field of contracts, technical agreements and other onerous legal business, within the scope of the Ministry of Defence, in this same line, to enable the application of the said Law 24/2011, Order DEF/3512/2011 of 28 November 2011, amended the Order of the Ministry of Defence DEF/3389/2010 of 28 December 2010 competence in the field of the Ministry of Defence.
Moreover, the recast text of the Law on Public Sector Contracts (TRLCSP), approved by Royal Legislative Decree 3/2011 of 14 November, a rule that has repealed Law 30/2007, of October 30, of Contracts of the Sector It has included in a single text the provisions applicable to the procurement of the public sector.
The entry into force of Law 24/2011, of August 1, of Public Sector Contracts in the fields of Defense and Security and the recast of the Law on Public Sector Contracts, as well as the need to unify the Various delegations on the matter, taking into account the additional provision of the second order of DEF/3389/2010, December 28, of delegation of competences in the field of the Ministry of Defense, make it necessary to establish a new delegation The Commission has to be able to carry out an effective management, so it is appropriate to Resolution of this Institute for the delegation of competences in the field of administrative procurement, replacing Resolution 34C/38055/2011 of 17 March of the Institute of Housing, Infrastructure and Equipment of Defence and collecting the content of the two provisions cited above.
In its virtue, and in accordance with the provisions of Article 13 of Law 30/1992, of November 26, of the Legal Regime of Public Administrations and of the Common Administrative Procedure and in the additional provision The 13th of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, after the approval of the Minister of Defense, dated September 4, 2012, I have:
First.
The scope of this delegation refers to:
1. The special administrative and administrative contracts, defined in Article 19 of the recast of the Law, of Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, as well as the legal businesses Article 4 (n) of the said recast text, provided that the latter contracts and businesses result in rights and obligations of economic content.
2. The administrative contracts, as defined in Article 2 of Law 24/2011 of 1 August, of Public Sector Contracts in the fields of defence and security, as well as the legal businesses defined in paragraphs (b), (c), and (d) of the Article 7 (1) of that Law, provided that these businesses derive rights and obligations of economic content.
3. Contracts and technical agreements made under Royal Decree 1120/1977 of 3 May, regulating the procurement of military equipment abroad, provided that such contracts and agreements result in rights and obligations of content economic.
4. Expenditure files arising from contracts, businesses and technical agreements included in this delegation, such as increases in the value added tax rate (VAT), or equivalent tax, statements.
Second.
Delegating all competences that I have in the procurement field to the regulations in force, including the approval, commitment of expenditure and recognition of the obligation, with the exception of their accounting and payment reflex, with regard to the appropriations allocated to the Ministry of Defence authorities listed below:
1. Contracts, business or technical agreements on investment and infrastructure maintenance at:
a) The Head of the Economic Affairs Section of the Earth Army Infrastructure Directorate.
b) The Head of the Contracting Unit of the Directorate for Supply and Transport of the Navy Logistics Support Headquarters.
c) The Head of the Contracting and Economic Management Unit of the Air Army Logistics Support Command.
(d) The Head of the Financial Economic Section of the Directorate-General for Infrastructure.
2. Contracts, business or technical agreements for the purchase or supply of movable property, arms, equipment and equipment for use by the Armed Forces in:
(a) The Chief of Economic Administration of the Defense Staff.
b) The Chief of Economic Affairs of the Land Army Logistics Support Command.
c) The Head of the Contracting Unit of the Directorate for Supply and Transport of the Navy Logistics Support Headquarters.
d) The Head of the Contracting and Economic Management Unit of the Air Army Logistics Support Command.
e) The Head of the Economic Area of the General Directorate of Armament and Material.
3. Contracts, business or technical agreements that need to be carried out for specific research, development and innovation programs in the field of defense, in the Head of the Economic Area of the General Directorate of Armament and Material.
Third.
The authorities referred to in the previous paragraph shall be incorporated in contracting authorities of the autonomous body in matters of their competence, in accordance with the appropriations allocated to them by that body.
Fourth.
The administrative decisions to be taken pursuant to this delegation of powers shall expressly indicate this circumstance, with the express quotation of this resolution and its publication in the Official Journal of the European Union. Status.
Fifth.
By the appropriate reasoned agreement, the delegating authority may be able to take the knowledge and resolution of any matter referred to the contracts covered by this delegation of powers.
Sixth.
Resolution 34C/38055/2011 of the Institute of Housing, Infrastructure and Equipment of Defense is hereby repealed, and any rules of equal or lower rank shall be contrary to the provisions of this Resolution.
Seventh.
This Resolution will enter into force on the day following its publication in the "Official State Gazette".
Madrid, September 12, 2012.-The Managing Director, of the Institute of Housing, Infrastructure and Equipment of Defense, Fernando Villayandre Fornies.
