Order Aaa/1389/2012, Of 19 June, Which Regulates The Board And The Bureau Of Procurement Of Common Services, The General Secretary Of Food And Agriculture And The General Secretariat Of Fisheries Of The Ministry Of Agriculture, Food...

Original Language Title: Orden AAA/1389/2012, de 19 de junio, por la que se regulan la Junta y la Mesa de Contratación de los servicios comunes, de la Secretaría General de Agricultura y Alimentación y de la Secretaría General de Pesca del Ministerio de Agricultura, Alime...

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Article 316 of the text revised of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, November 14, provides that boards of hiring, which will act as organs of contracting with the limits may constitute ministerial departments or regarding the characteristics of contracts that the holder of the Department determines.

On the other hand, the 320 items of Royal Decree 3/2011, 14 November, and 21.1 of the Royal Decree 817/2009, of 8 may, whereby the law 30/2007, develops partially October 30, of Public Sector contracts, established that, except the cases in that the competition to hire corresponds to one recruitment Board in the open and restricted procedure and in the negotiated with publicity referred to in article 177.1, contracting of public administration authorities will be assisted by a table of contracting that will be competent for the evaluation of bids.

The Royal Decree 1823 / 2011, of 21 December, which is restructuring the ministerial departments, created the Ministry of agriculture, food and environment, whose organizational structure has been developed by Royal Decree 401/2012, February 17th.

This new ministerial organization recommended the creation of a Board of procurement of common services, the General Secretary of food and Agriculture and the Secretariat of fisheries and a recruitment table for those cases in that the competition to hire does not correspond to the procurement Board.

By virtue, prior report of the consultative meeting of administrative contracting, I have: first. Creation and composition of the Board of recruitment.

1. is created the Board of procurement of common services, the General Secretary of food and Agriculture and the General Secretariat of fisheries of the Ministry of agriculture, food and environment, attached to the Undersecretary, the composition and functions that are regulated in this order.

2 will be composed of the following members: Chairman: the General Services Director.

First Vice President: the official Mayor, who will act as alternate for the President in case of vacancy, absence or illness.

Second Vice-President: the Assistant Director-General Deputy of the Oficialia greater acting as substitute of the President and the Vice President first in the event of vacancy, absence or illness.

Members: A representative of the Ministry of environment, with the rank of Assistant Director-General or assimilated, appointed by the Minister on the proposal of the titular person of the Secretary of State.

A representative of the General Secretary of food and agriculture, with the rank of Assistant Director-General or assimilated, appointed by the Minister on the proposal of the titular person of the General Secretariat.

Three representatives of the Secretariat, with the rank of Assistant Director-General or assimilated, appointed by the Minister.

A representative of the General Secretariat of fisheries, with the rank of Assistant Director-General or assimilated, appointed by the Minister on the proposal of the titular person of the General Secretariat.

A lawyer of the State than in the law of the State in the Department for.

An auditor of those aimed at the Executive intervention in the Department.

Secretary, with voice and no vote: the Chief of recruitment and Heritage Area.

3. the members and the Secretary of the Board of hiring, with the exception of the representatives of the delegate intervention and advocacy of the State Department, will be replaced in the event of vacancy, absence or illness and, in general, when any cause justified, their alternates, who shall be appointed by the Minister on the proposal of the respective organs of provenance.

4 when so advise it the subject of the contracts, may incorporate the recruitment Board, as vocal-tecnico, with voice and without a vote, a representative appointed by the holder of the governing body responsible for the record you are going to be treated in the relevant session.

Second. Functions of the procurement Board.

The hiring Board will have the following functions: 1. in accordance with article 316.4 Royal Decree 3/2011 legislative, of 14 November, which approves the text revised of the law of contracts in the Public Sector, will act as the contracting authority of the common services, the General Secretary of food and Agriculture and the Secretariat General for fisheries for the following contracts (((, financed by the services budget of the Undersecretary, the General Secretary of food and agriculture, the Secretary General of fishing and its dependent Directorates-General: a) works contracts covered in paragraphs b) and c) of paragraph 1 of article 122 of the Royal Legislative Decree 3/2011, of 14 November, unless they have been declared of centralized procurement.

(b) contracts of provision referring to consumable goods or easy deterioration due to use, except for those concerning declared assets of centralized procurement.

(c) non-declared services centralized procurement contracts.

(d) contracts for the supply and services, other than the attributed to the competence of the Board pursuant to the previous letters affecting more than one contracting authority, except those that relate to goods or services of centralized procurement.

Approval of records of employment referred to in the previous paragraphs does not include approval of expenditure.

Contracts considered minors in accordance with Royal Decree 3/2011, from 14 November are excluded from the scope of powers of the Board of.

2. perform the monitoring and control of procurement done in the scope of their powers, in order to carry out an overall assessment of the annual results. Annually prepare a report with these data for their elevation to the Undersecretariat.

3. the development and dissemination of the guidelines must be complied with in the scope of its competences and the recommendations on procurement in the Department.

4 develop, previous reports, the standardized models of documents for the processing of the different modes of recruitment and to the formalisation of the work of the Board of recruitment.

5 approve, prior report of the advocacy of the State Department, documents in which contracts within its competence individuals unique specifications of each contract in the administrative clauses specifications.

Third party. Delegations.

1 is delegated to the competent bodies by reason of the matter and the amount, under the terms of the order of delegation of powers existing in every moment and other regulations applicable, the following powers: to) in relation to works of simple repair, restoration or rehabilitation, conservation and maintenance contracts: 1 technical approval of the project work, as well as the health and safety of the work project.

2. the appointment of the director of the work and direction of the execution of the work, as well as the Coordinator of safety and health.

3rd ordinary certifications and certification of final artwork approval.

4th approval of the work programme.

5 approval of the liquidation of the work.

6 approval of new prices as a result of modified work or project.

7th remember the definitive suspension of the work.

8 appointment of the representative of the Administration for the reception.

(b) in relation to contracts for the supply of consumable goods or easy deterioration by use and service contracts: 1 technical approval of a list of technical requirements.

2. appointment of the director of works.

3rd approval of fertilizers to account.

4th approval of the work programme.

5 approval of the liquidation of the works.

6 approval of new prices as a result of modified specifications; of technical requirements.

7th remember the definitive suspension of the work.

8 appointment of the representative of the Administration for the reception.

(c) in relation to all contracts: 1 Revision of prices.

2. approval of the annuities readjustment.

2. is delegated to the Secretary competition to send to the Central Administrative Court of contractual resources hiring record, as well as the report of allegations of the contracting authority, in the event of the filing of the special procurement fourth appeal. Procedure.

1. the meeting of contracting shall be governed, in terms of its operation, as provided in this order, by the standards of internal operation that could approve and not contemplated in these provisions, by Royal Decree 3/2011, of 14 November, and by the precepts contained in the title II of law 30/1992, of 26 November Legal regime of public administrations and common administrative procedure.

2. to adopt the agreements referred to in the second paragraph of this order, as well as for the adoption of performance standards internal to that referred to in the previous point, it will be necessary that the contracting Board is constituted, as a minimum, with two-thirds of its members, that the people who hold the offices of President and Secretary will necessarily include , or in his case, those who replace them.

3. the meeting of Contracting will establish communication and programming de.reuniones mechanisms that allow effective coordination with other possible colleges of the Department, especially with the Ministerial Committee on electronic administration.
4. the meeting of Contracting will meet regular character on a regular basis, prior call for order of its President. Also you will meet, extraordinary character, whenever the President deems necessary depending on the importance of the issues to be treated.

Fifth. Recruitment table.

1. you create the table of common services, of the General Secretariat of agriculture and food and the General Secretariat of fisheries of the Ministry of agriculture, food and environment, attached to the Secretariat, in accordance with article 320 Royal Decree 3/2011 legislative, of 14 November.

2 will be composed of the following members: Chairman: the General Services Director.

First Vice President: the official Mayor, who will act as alternate for the President in case of vacancy, absence or illness.

Second Vice-President: the Assistant Director-General Deputy of the Oficialia greater acting as substitute of the President and the Vice President first in the event of vacancy, absence or illness.

Members: A representative of the Ministry of environment, with the rank of Assistant Director-General or assimilated, appointed by the Minister on the proposal of the titular person of the Secretary of State.

A representative of the General Secretary of food and agriculture, with the rank of Assistant Director-General or assimilated, appointed by the Minister on the proposal of the titular person of the General Secretariat.

Three representatives of the Secretariat, with the rank of Assistant Director-General or assimilated, appointed by the Minister.

A representative of the General Secretariat of fisheries, with the rank of Assistant Director-General or assimilated, appointed by the Minister on the proposal of the titular person of the General Secretariat.

A lawyer of the State than in the law of the State in the Department for.

An auditor of those aimed at the Executive intervention in the Department.

Secretary, with voice and no vote: the Chief of recruitment and Heritage Area.

3. the members and the Secretary of the Bureau's hiring, with the exception of the representatives of the delegate intervention and advocacy of the State Department, will be replaced in the event of vacancy, absence or illness and, in general, when any cause justified, their alternates, who will be also appointed by the Minister on the proposal of the respective organs of provenance.

4. the recruitment will be as function attend the contracting authority the duties laid down in article 320 of the Royal Legislative Decree 3/2011, from 14 November in contracts that are not competence of the contracting Board.

5. at meetings of the Bureau of procurement may be incorporated as the vowels-technical officials or specialized consultants that are necessary, depending on the nature of the issues to be treated, which will act with voice but without vote.

6. the recruitment table will meet, previous call for order of its President to treat the records which, in accordance with the provisions of this order, they should be subjected to his study and elaboration of proposal for the contracting authority.

Sole transitional provision. Records initiated prior to the Constitution of the bodies covered by this order.

Records of engagement initiated prior to the entry into force of this order will be processed according to the processing rules in it, keeping all valid acts performed up to the date of entry into force.

Sole repeal provision. Repeal legislation.

The order ARM/304/2009, of 17 February, which created the contracting Board and table of procurement of common services and the Secretariat General of the sea and the OrdenARM/700/2009, of 6 March, which establishes the recruitment table of the Secretariat of State of Rural and water are hereby repealed.

Final disposition. Entry into force.

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

Madrid, 19 June 2012.-the Minister of agriculture, food and environment, Miguel Arias Canete.

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