Order ITC/2411/2011, of 5 September, which regulates the composition and functions of the Contracting Board and the Single Contracting Table of the Ministry of Industry, Tourism and Trade, is the norm by which created these organs and by which they have been regulated within the Department.

In that order, Order ITC/3466/2004 of 21 October, amended in turn by Order ITC/1345/2006 of 27 April 2006, which regulated the composition and functions of the Board of Contracting and the Bureau, was amended. Only Contracting of the Ministry of Industry, Tourism and Trade, both to Law 30/2007, of October 30, of Public Sector Contracts, and to the basic organic structure of the Ministry, in force at that date.

However, the entry into force of the Royal Legislative Decree 3/2011, of 14 November, approving the recast of the Law on Public Sector Contracts, as well as the new basic organic structure of the Ministry Industry, Energy and Tourism, established by Royal Decree 344/2012 of 10 February, make it necessary to adapt the composition of the aforementioned collegiate bodies, to review some of the functions they have attributed and to adapt their regulation to the existing rules. In any case, they are expressly maintained outside the powers of the aforementioned bodies, the public bodies attached to the Department, without prejudice to the functions that the Board of Contracting has in relation to the evaluation of results. of administrative procurement in the autonomous agencies of the Department.

In this way, this order creates the Board of Contracting of the central services of the Ministry of Industry, Energy and Tourism and regulates its composition and functions, according to the enablement provided for in Article 316 of the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November and in accordance with Articles 5 and 7 of the General Regulations of the Law on Contracts of Public Administrations, approved by Royal Decree 1098/2001 of 12 October 2001. Similarly, it creates and regulates the Single Contract Table, as provided for in Article 320 of the recast of the Law on Public Sector Contracts, and in Articles 21 and 22 of Royal Decree 817/2009 of 8 May, for which it is developed In part, Law 30/2007, of October 30, of Public Sector Contracts.

This order has been the subject of a report by the Advisory Board of Administrative Contracting of the Ministry of Finance and Public Administrations, in accordance with the provisions of the first provision of the Law Regulations. Public Administration Contracts, approved by Royal Decree 1098/2001 of 12 October.

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 purpose of this order is the creation, in the Ministry of Industry, Energy and Tourism, of the Contracting Board and of the Single Contracting Table for the central organs of the Department, attached to the Secretariat, and the Regulation of its functions, composition and operating system.

2. The procurement of public bodies attached to that Ministry shall be excluded from the scope of these bodies.

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

1. The Board of Contracting of the Ministry of Industry, Energy and Tourism, which is created by this order, will act either in plenary or in the Permanent Commission 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 which, by their nature, are likely to constitute the object of a service administrative contract.

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

(e) Exceptionally, in those contracts which are of interest to several departments and whose processing is to be carried out by a single contracting authority, in accordance with Article 316 (5) of the recast of the Law on Public Sector Contracts and in the form that is determined in agreements or protocols of action subscribed to the effect.

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 this matter for each case.

3. The contracts referred to in paragraph 1 of this Article shall be excluded from the scope of the Board when the works, supplies or services have been declared as centralised procurement and minor contracts.

4. Contracts which are formalised and executed abroad are also excluded from the scope of the Board, without prejudice to the fact that the contracting authority informs the Board in advance of the contracts it intends to formalise.

Article 3. Composition of the Board's plenary session.

1. The Plenary Session of the Contracting Board shall be composed of the following members appointed by the Minister for Industry, Energy and Tourism:

(a) The President shall be the holder of the Secretariat of the Ministry of Industry, Energy and Tourism.

b) The Vice-Presidents: First Vice-President, the head of the Technical General Secretariat of the Ministry of Industry, Energy and Tourism and Vice-President, Second, the holder of the General Administration of General Administration Financial Management.

c) Vocals:

1. A vowel representing each of the following department's sectoral organs:

i.

Energy Secretary of State.
ii.	Secretary of State for Telecommunications and the Information Society
iii.	Secretariat of Tourism Status
iv.	General Secretariat for Industry and Small and Medium Enterprise

These vowels shall be appointed, among officials who shall have the rank of deputy director-general or assimilated, by the Minister on the proposal of the holders of the respective higher or managerial bodies.

2. Two vowels representing the Secretariat for Industry, Energy and Tourism:

i. The holder of the General Subdirectorate for Information and Communications Technologies.

ii. The holder of the Budget Office.

3. In addition, they will be vocal:

i. A State Advocate for State of Law at the Department.

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

(d) The Secretary who, in his capacity as a member, shall be part of the Board's plenary with a voice and vote, shall be an official assigned to the Secretariat of Industry, Energy and Tourism, appointed by the Minister, on a proposal from the the head of that department of the Department.

2. Where the object of the contracts so advises, a representative appointed by the head of the management body responsible for the initiative to be treated at the meeting shall be taken to the plenary session of the Board of Contracting, with a voice but without a vote. corresponding.

3. The members of the Board of Directors shall be replaced in cases of vacancy, absence or illness and, in general, where there is a justified cause, by their alternates, with the rank of deputy director-general or assimilated, who shall be appointed by the Minister of the Department on a proposal from the holder of the relevant management body.

The Secretary shall also, when any of the circumstances referred to in the preceding paragraph, be replaced by an alternate appointed by the Minister, on a proposal from the Secretary of the Department of the Department.

4. The meetings of the Board of Directors ' Plenary may be incorporated, if required by the President, the officials or specialized advisers who are necessary according to the nature of the matters to be dealt with, which shall act with a voice, but without vote.

Article 4. Functions of the Board of Directors Plenary.

1. The following tasks shall be carried out by the plenary of the contracting board:

(a) The prior report of the collaboration agreements concluded by the Department, in the cases referred to in Article 4.1 (c) and (d) of the recast of the Law on Public Sector Contracts, as long as they involve an economic cost for the Ministry, except if it is financed under Chapters 4, 7 and 8 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 information on plans and forecasts of needs in this field should be gathered from the various centres.

(c) The annual evaluation of the results of administrative procurement in the Ministry and its autonomous bodies. For these purposes, the Board of Contracting Plenary shall submit a summary report of the annual recruitment to the Department's Sub-Secretariat.

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.

2. The Plenary Session of the Contracting Board 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 their jurisdiction, in accordance with with the provisions of Articles 115 and 116 of the recast of the Law on Public Sector Contracts.

You may also approve models of specific 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 Plenary once informed by the State Advocate.

3. The Board of Directors ' plenary session may carry out 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.

4. In order to speed up the process in the handling of the matters approved by the Plenary Session of the Board of Directors, the Vice-Presidents are delegated the visa functions of the certificates of the agreements of the same, issued by the Secretary.

Article 5. Functioning of the Board of Contracting Plenary.

1. The Plenary Session of the Board of Contracting shall meet at the request of the President or, in the absence thereof, by any of the Vice-Presidents, provided that this is deemed necessary according to the number and importance of the treat.

2. The plenary session of the Board of Directors will be governed, in terms of its operation, by the provisions of this order and, in the absence of this provision, by the recast text of the Law on Public Sector Contracts, approved by the Royal Decree Regulation No 3/2011 of 14 November 2011, by Royal Decree 817/2009 of 8 May 2009, which partially takes place under Law 30/2007 of 30 October 2001 by Royal Decree 1098/2001 of 12 October 2001 on the adoption of the General Regulation on the Law of Contracts of Public Administrations and the provisions of Title II, Chapter II, of the Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. In order to adopt the agreements in relation to the functions referred to in Article 4 (1) of this order, it shall be necessary for the Plenary of the Contracting Board to be constituted with at least seven of its members.

4. The Plenary Session of 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 files for which it is deemed appropriate.

5. The Board of Directors ' plenary session will arbitrate mechanisms that are best suited to ensure coordination with other collegiate bodies of the Department, especially with the Information and Communications Technology Commission.

Article 6. From the Standing Committee.

1. The Board of Recruitment may also act in the Standing Committee.

2. The Standing Committee shall be composed of the following members, appointed by the Minister for Industry, Energy and Tourism, who shall have a voice and vote:

(a) President: The head of the General Administration of General Administration of Finance and Financial Management.

(b) Vice-Chair: The holder of the Budget Office.

c) Vocals:

i. A State Attorney for the State at the Department.

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

iii. The Secretary of the Plenary Session of the Board shall act as the Secretary of the Commission.

3. Such vowels shall be replaced in cases of vacancy, absence or sickness and, in general, where there is a justified cause, by their alternates, who shall be appointed by the Minister of the Department on a proposal from the head of the body. The appropriate management.

The Secretary shall also, when any of the circumstances referred to in the preceding paragraph, be replaced by an alternate appointed by the Minister, on a proposal from the Secretary of the Department of the Department.

4. The tasks of the Standing Committee shall be to prepare the decisions of the plenary in relation to:

a) The annual hiring schedule.

b) The issue of reports on the topics of their competence.

c) Setting up procurement guidelines.

d) The standard documents to be used in procurement processes.

e) The procurement assessment report at the Department and its autonomous agencies.

5. The Standing Committee shall also, by delegation from the Plenary Session of the Contracting Board, carry out the following tasks in the procurement procedures:

a) Qualify the documentation of a general evidence of compliance with the prerequisites referred to in Article 146.1 of the recast of the Law on Public Sector Contracts.

b) Open the submitted proposals by making their content known in public.

(c) Acordara the tenderers excluded from the tendering procedure, which shall in any event inform the Plenary of the Board of Contracting Parties.

(d) Propose to the contracting authority the award in favour of the tenderer who submitted the proposal containing the most economically advantageous tender as appropriate in accordance with the contract specifications specific administrative rules governing the invitation to tender.

6. Likewise, and by delegation of the Plenary of the Board of Contracting, it will report in relation to article 39.5 of the recast text of the Law of Public Sector Contracts, on the caveats in the processing of the questions of nullity of the article 37 of the recast text. It shall also inform, in relation to the special appeal on the matter of recruitment, the questions referred to Articles 43.2 and 46.2 of the recast text, that is, the arguments to the provisional measures and the case-file. that the contracting authority should refer to the body responsible for resolving it, respectively. From such reports, it shall in any event give an account to the Plenary Session of the Contracting Board.

In this case, the Commission's call will be made as quickly as possible in order to meet the deadlines set out in the recast text of the Public Sector Contracts Act.

7. It shall also, by delegation from the plenary, report on the suspension of the implementation provided for in Article 111 in Law 30/1992 of 26 November in the course of the procedure for the use of the show.

8. In addition, by delegation from the Plenary Session of the Board of Directors, it shall draw up all the reports in which it is not possible, by reason of the speed of the time-limits to be laid down, to convene it in good time, provided that it is duly informed the President or Vice-Presidents of the Board of Directors ' plenary session.

9. By agreement of its President, the meetings of the Standing Committee may be incorporated, with a voice but without a vote, officials of the Directorate-General whose affairs are dealt with in the meetings, as well as specialized advisers to be considered. necessary, when required by the nature of the matters to be dealt with.

Article 7. Creation and composition of the Single Contract Table.

1. The Single Contract Table is created in the Ministry of Industry, Energy and Tourism, attached to the Department's Secretariat, without prejudice to the possibility of other Messes being established in the field of public bodies attached to it.

2. The Single Contracting Bureau of the Ministry of Industry, Energy and Tourism shall be composed of the following members, appointed by the Minister on a proposal from the head of the management body concerned:

(a) President: The head of the General Administration of General Administration of Finance and Financial Management.

b) Vocals:

1. The holder of the Department's Budget Office which may replace the President in the case of vacancy, absence or illness of the latter and, in general, where there is a justified cause.

2. No. An official assigned to the Secretariat.

3. A State Advocate for State of the State in the Department.

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

3. He shall exercise the secretariat of the Bureau, the Secretary of the Contracting Board. He will attend the meetings of the Bureau, with a voice but no vote.

4. By agreement of its President, the meetings of the Contracting Bureau may be incorporated, with a voice but without a vote, the officials or specialized advisers deemed necessary, when the nature of the matters to be dealt with is required.

Article 8. Powers and functioning of the Single Contracting Table.

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

2. The Single Contracting Bureau shall meet in those cases where the President, or, where appropriate, the Vice-President, convoke, in the attention of the contracting parties to be dealt with and which, in accordance with this order, require his intervention.

3. The Single Contract Table will be governed, in terms of its operation, by the provisions of this order and, in the absence of its provisions, by the recast text of the Law of Public Sector Contracts, by the Royal Decree 817/2009, of 8 May, for which the Law 30/2007, of 30 October, of Contracts of the Public Sector is partially developed, by Royal Decree 1098/2001, of 12 October, for which the General Regulation of the Law of Contracts of the General Government and the provisions of Title II, Chapter II, of Law No 30/1992 of 26 May 1992 on the November, the Legal Regime of Public Administrations and the Common Administrative Procedure.

Article 9. Secretariat of the Contracting Board and the Single Contracting Board.

The Secretariat of the Board of Recruitment and the Single Contracting Table, lends its support to these collegiate bodies in the central services of the Ministry of Industry, Energy and Tourism, developing the functions following:

(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 Single Contracting Board and the Board of Contracting.

(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 secretariats 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 Board of Contracting, which is established in accordance with this order, shall be competent for the processing of contracts whose files have been initiated by the Board of Contracting of the Ministry of Industry, Tourism and Trade.

Single repeal provision. Repeal provision.

Any provisions of equal or lower rank shall be repealed as set out in this order, and in particular Order ITC/2411/2011 of 5 September 2011 establishing the Contracting Board and the Single Table Contracting of the Ministry of Industry, Tourism and Trade.

Single end disposition. Entry into force.

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

Madrid, June 21, 2012. -Minister of Industry, Energy and Tourism, José Manuel Soria López.