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The organizational changes made by Royal Decree 1823/2011 of 21 December, which restructured the ministerial departments, creating the Ministry of Economy and Competitiveness, and by Royal Decree 1887/2011, of 30 December, establishing the basic organic structure of the ministerial departments, obligate to create and regulate the collegiate bodies in matters of contracting the Ministry of Economy and Competitiveness, having in Furthermore, the provisions of Royal Decree 345/2012 of 10 February 2012, for which the develops the basic organic structure of the Ministry of Economy and Competitiveness and amends Royal Decree 1887/2011 of 30 December.

This order creates and regulates the Board of Contracting of the Ministry of Economy and Competitiveness, in accordance with the legal enablement established in Article 316 of the recast of the Law on Public Sector Contracts, approved by the Ministry of Finance. by Royal Decree-Law 3/2011 of 14 November and in Article 5 of the General Regulations of the Law on Contracts of Public Administration, approved by Royal Decree 1098/2001 of 12 October 2001.

The single contracting bureau is also set up and regulated, which will, on a permanent basis, assist the various single-personnel contracting authorities of the department's central services, in accordance with the provision of the article. 320 of the recast of the Law on Public Sector Contracts and of Article 21 of Royal Decree 817/2009, of May 8, for which the Law 30/2007, of October 30, of Public Sector Contracts is partially developed.

This order has been submitted to the Advisory Board of Administrative Contracting, in accordance with the provisions of the first provision of the General Regulation of the Law on Administration Contracts. Public.

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

Article 1. Object and scope of application.

1. The aim of this order is the creation, in the Ministry of Economy and Competitiveness, of the Recruitment Board and the Single Procurement Bureau for the central bodies of the Ministry of Economy and Competitiveness, which are attached to the the Secretariat, as well as the regulation of its functions, and the determination of its compositions and operating systems.

2. The procurement of public bodies attached to the Ministry of Economy and Competitiveness is excluded from the scope of these bodies.

Article 2. Creation, scope and functions of the Recruitment Board.

1. The Contracting Board of the Ministry of Economy and Competitiveness, which is created by this order, will act as a collegiate contracting authority in the following contracts:

a) In the works of simple repair, restoration or rehabilitation and conservation and maintenance.

b) In those of supply that relate to consumable goods or easily impaired by use.

c) In services.

(d) In the case of supplies other than those attributed to the Board's competence pursuant to paragraph (b), when they affect more than one contracting authority of the Department.

(e) Exceptionally, in those contracts which are of interest to several Departments and the processing is to be carried out by a single contracting authority, in accordance with Article 316 (5) of the text recast of the Public Sector Contracts Act.

2. The approval of the procurement files for the contracts referred to in paragraph 1 of this Article does not include the approval of expenditure, which shall be the responsibility of the bodies with competence in each case in this area.

3. The following contracts as referred to in paragraph 1 of this Article are excluded from the scope of the Board's action:

(a) Works, supplies or services where they have been declared as centralised procurement.

b) Minor contracts.

c) Contracts that are formalized and executed abroad, regulated in the first provision of the recast text of the Public Sector Contracts Act.

(d) Contracts which, by reason of the amount, are awarded by the negotiated procedure without advertising, in accordance with Article 177.2 of the recast of the Law on Public Sector Contracts.

4. In addition, the following functions shall be assigned to the Contracting Board:

(a) The prior report of the collaboration agreements concluded by the Department, in the cases referred to in paragraphs (c) and (d) of Article 4 of the recast of the Law on Public Sector Contracts, where it involves an economic cost to the Ministry, except if it is financed under Chapters IV, VII and VIII of the Department's Expenditure Budget. In any case, those which are to be approved by a Government Delegated Commission or by the Council of Ministers shall be excluded.

b) The overall programming of the procurement in the Department, for which the Board of Recruitment will have to collect from the different centers the information regarding plans and forecast of needs in this field.

(c) The annual evaluation of the results of administrative procurement in the Ministry and its public bodies. For these purposes, the Board of Contracting shall submit a summary report of the annual hiring to the Department holder.

d) The elaboration and dissemination of mandatory guidelines and recommendations on procurement within the Department.

e) The development of standard documents and models for the processing of different procurement modalities, and for the formalisation of the work of the Board of Recruitment.

5. The Board of Contracting shall approve, subject to compliance with the legal requirements, the specifications of particular administrative clauses and the specifications of the particular technical requirements of the contracts of its competence, in accordance with the provided in Articles 115 and 116 of the recast of the Law on Public Sector Contracts.

The Contracting Board may approve models of specifications for particular administrative clauses for certain categories of contracts of a similar nature. In these cases, the concrete terms of each contract will be approved by the Board of Contracting once informed by the State Advocate.

6. The Board of Contracting may also perform study and programming functions concerning any aspect of the contracting of its competence and any other function attributed to it by the holder of the Department related to the activity the contract of the Ministry, as well as those expressly attributed to it by the legal system.

Article 3. Composition of the Board of Recruitment.

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

(a) The President: The head of the Sub-Secretary for Economic Affairs and Competitiveness.

(b) First Vice-President: The holder of the Technical General Secretariat.

(c) The second Vice-President: The holder of the General Financial Administration Subdirectorate and Services Inspectorate.

d) A vowel representing each of the following Department organs:

1. Secretary of State for Economy and Business Support.

2. Secretary of State for Trade.

3. Secretary of State for Research, Development and Innovation.

4. Deputy Secretary for Economy and Competitiveness.

These vowels shall be appointed, among officials who shall have the rank of deputy director-general or assimilated, by the holder of the department on the proposal of the aforementioned bodies.

e) They will be vocal:

1. A State Attorney for the State of the State in the Department.

2. A Controller of the Delegation in the Department.

2. The Secretariat of the Board of Contracting shall be responsible for an official assigned to the Secretariat, with a minimum level of at least 26, appointed by the Secretary-General on the proposal of the Deputy Secretary.

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

a) The President will be replaced by the Vice President, first and second, successively.

b) The vowels will be replaced by their alternates, who will have the same rank and will be appointed by the same procedure as the holders.

(c) The secretary may be replaced by another official of the same level, who shall be appointed by the same procedure as the holder.

4. Where the object of the contracts so advises and with the approval of the President, the meetings of the Board of Recruitment may be incorporated by the officials or specialized advisers necessary, depending on the nature of the matters to be addressed. deal, which will act with a voice, but without a vote. In addition, a representative appointed by the head of the steering body responsible for the initiative to be treated in the relevant session may also be incorporated.

Article 4. Operation of the Board of Recruitment.

1. The Board of Contracting shall be governed, in respect of its operation, by the provisions of this order and by the rules which the Board may approve with internal character for the best exercise of its functions and, as far as it is not contemplated, by the Board of Directors. recast of the Law on Public Sector Contracts, by Royal Decree 817/2009 of 8 May, for which the Law 30/2007, of 30 October, is partially developed by Royal Decree 1098/2001 of 12 October, approving the General Regulation of the Law on Public Administration Contracts and the provisions of Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

2. The Contracting Board may decide to set up the working groups it considers appropriate, both for the preparation of the documents to be studied and approved by it, and for the analysis or assessment of the dossiers for which it deems appropriate.

3. The Board of Contracting shall arbitrate the mechanisms deemed most appropriate to ensure coordination with other collegial organs of the Department, especially with the Ministry of Electronic Administration of the Ministry of Economy and Competitiveness.

Article 5. Establishment and composition of the Single Procurement Bureau.

1. The Single Procurement Table is created in the Ministry of Economy and Competitiveness under the Department's Secretariat, without prejudice to the possibility that other Messes may be established in the field of public bodies attached to it.

2. The single procurement bureau of the Ministry of Economy and Competitiveness shall be composed of the following members, appointed by the different single-member contracting authorities:

(a) President: The head of the Ministry's Technical General Secretariat.

(b) Vice-Chair: The holder of the General Financial Administration Subdirectorate and Services Inspectorate.

c) Vocals:

1. A State Attorney for the State of the State in the Department.

2. A Controller of the Delegation in the Department.

3. An official appointed by the Undersecretary of Economy and Competitiveness, with at least 28 level.

4. " An official designated by the holder of each of the department's executive bodies, to be convened when the matters to be dealt with affect their respective centers, with at least 28 level.

(d) Secretariat: The head of the Secretariat of the Contracting Board, who will be part of the Bureau and will have a voice but no vote.

3. By agreement of its President, meetings of the Single Procurement Bureau may be incorporated, with a voice but without a vote, as many specialised advisers as are deemed necessary, where the nature of the matters to be dealt with is required.

Article 6. Powers and functioning of the Single Procurement Table.

1. The Single Procurement Bureau shall act in the cases provided for in Article 320 of the recast of the Public Sector Contracts Act, in those contracts which do not fall within the competence of the Contracting Board.

2. The Single Procurement Bureau shall meet in cases where the Chair or, where appropriate, its Vice-Chair, is convened to take into consideration the procurement files to be processed and which, in accordance with the latter, require their intervention.

3. The single contracting bureau shall be governed as to its functioning by the provisions of this order and, in the absence of such order, by the recast text of the Law on Public Sector Contracts and by the rules applicable to it. In particular, the Royal Decree 817/2009 of 8 May, which partially develops the Law 30/2007 of 30 October, of Contracts of the Public Sector, by Royal Decree 1098/2001 of 12 October, approving the General Regulation of the Law on Public Administration Contracts and the provisions laid down in Chapter II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 7. Secretariat of the Contracting Board and the Single Procurement Bureau.

1. The Secretariat of the Contracting Board and the Single Procurement Bureau shall provide the necessary administrative support to the former for the proper development of their tasks.

2. They are functions of the Secretaries:

(a) Receive, process, prepare and track all matters to be dealt with by the regulated collegiate bodies in this order.

b) Make the necessary actions for the fulfillment of the agreements adopted in the different sessions.

(c) Draft the minutes and agreements to be submitted for approval by the Contracting Board or the Single Procurement Bureau.

d) In general, all other functions that contribute to the achievement of the purposes and objectives of the collegiate bodies regulated in this order, and those that correspond to the Secretaries in accordance with Article 25 of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Single transient arrangement. Transitional arrangements.

The collegiate bodies which are constituted in accordance with this order shall be competent for the processing of contracts whose files have been initiated prior to their entry into force and which have reached the maximum the publication stage of the tender.

The procurement files are considered to be initiated when the relevant call for the contract award procedure has been published. In the case of negotiated procedures, the date of approval of the specifications shall be taken into account in determining the time of initiation.

Single repeal provision. Regulatory repeal.

1. All provisions of the same or lower range that are opposed to that set in this order are repealed.

2. In particular, the Order of 31 October of 31 October establishing the Single Contracting Table of the Ministry of Science and Innovation is repealed and, as far as the powers of the Ministry of Economy and Competitiveness are concerned, the Order ITC/2411/2011, of 5 September, establishing the Recruitment Board and the Single Bureau of Procurement of the Ministry of Industry, Tourism and Trade and regulating its composition and functions, and Order EHA/2151/2010, of July 29, by the The Single Market and the Board of Contracting of the Central Services are regulated in the Ministry of Economy and Finance.

Single end disposition. Entry into force.

This order will take effect the day following your publication in the "Official State Bulletin".

Madrid, June 29, 2012. -Minister of Economy and Competitiveness, Luis de Guindos Jurado.