Order ITC/3466/2004, of 21 October, regulating the composition and functions of the Board of Contracting and the Single Contracting Table of the Ministry of Industry, Tourism and Trade, which was amended by the Order ITC/1345/2006, of 7 April 2006, is the standard for which these bodies were created and for which they have been regulated so far in the field of the Department.

However, the entry into force of Law 30/2007, of October 30, of Public Sector Contracts (hereinafter LCSP), as well as that of Royal Decree 1226/2010, of October 1, which develops the current basic organic structure of the Ministry, they make it necessary to adapt the composition of the aforementioned collegiate bodies, and to review some of the functions they have attributed. 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 and the Permanent Commission have in relation to the evaluation of the results of administrative procurement in the autonomous agencies of the Department.

This order creates the Contracting Board and the Single Contracting Table of the central services of the Ministry of Industry, Tourism and Trade and regulates its composition and functions, according to the expected enablement in Article 291 of Law 30/2007, of October 30, of Contracts of the Public Sector and of Articles 5 and 7 of the General Regulations of the Law of Contracts of Public Administrations, approved by Royal Decree 1098/2001 of 12 October. Similarly, the Single Contract Table is created and regulated, as provided for in Article 295 of Law 30/2007 of 30 October, and in Article 21 of Royal Decree 817/2009 of 8 May, for which the Law is partially developed 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 Economy and Finance, as provided for in the additional provision of Royal Decree 1098/2001, of 12 July 2001. October, for which the Rules of Procedure for the Law of Public Administrations are adopted.

In his virtue, with the prior approval of the Vice President of the Government of Territorial Policy and Minister of Territorial Policy and Public Administration, I have:

Article 1. Object and scope of application.

1. The purpose of this order is to establish, in the Ministry of Industry, Tourism and Trade, the Contracting Board and the Single Contracting Bureau 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 functions of the Recruitment Board.

1. The Board of Contracting of the Ministry of Industry, Tourism and Trade, 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 of an administrative nature.

(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 that are of interest to various Departments and the processing must be carried out by a single contracting authority, in accordance with the provisions of Article 291 (5) of the Law 30/2007, of October 30, of 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. 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 Law 30/2007 of 30 October, provided that it involves a cost The Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, the Ministry of Education, and the Ministry of Education, 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 autonomous bodies. For these purposes, the Contracting Board 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.

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

6. 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 for in Articles 99 and 100 of Law 30/2007 of 30 October.

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.

7. 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.

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

a) The President: The Deputy Secretary.

b) The First Vice President: The Technical General Secretariat.

c) Second Vice President: The Deputy Director General of Financial Management and Recruitment.

d) A vowel representing each of the following department's sectoral organs:

1. Secretary of State for Foreign Trade.

2. Secretary of State for Telecommunications and the Information Society.

3. Secretary of State for Energy.

4. General Secretariat for Industry.

5. General Secretary for Tourism and Internal Trade.

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 those higher or managerial bodies.

e) Two vowels representing the Secretariat for Industry, Tourism and Trade:

1. The Senior Officer.

2. The Deputy Director General of Information and Communications Technologies.

f) In addition, they will be vocal:

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

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

g) Secretariat: The Secretariat shall be part of the Board with a voice and vote, and shall correspond to an official assigned to the Secretariat, appointed by the Minister of Industry, Tourism and Trade, on a proposal from the Secretariat.

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 Board of Contracting, with a voice but without a vote. corresponding.

3. The members of the Board of Recruitment shall be replaced in cases of vacancy, absence or illness and, in general, when 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 appropriate management centre.

The Secretariat shall also be replaced by the alternate appointed by the Minister of the Department, when any of the circumstances referred to in the previous paragraph are present.

4. The meetings of the Contracting Board may be incorporated by the officials or specialized advisers who are necessary in their judgment according to the nature of the matters to be dealt with, which shall act with a voice, but without a vote.

Article 4. Operation of the Board of Recruitment.

1. The Board of Contracting shall meet at the request of the President or, in the event of absence of the Chair, by any of the Vice-Presidents, provided that this is deemed necessary according to the number and importance of the matters to be dealt with.

2. 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 in its internal capacity for the best exercise of its functions and, as far as these provisions are not concerned, by Law 30/2007, of October 30, of Contracts of the Public Sector, by the rules that are applicable in the development of Law 30/2007, of October 30, by Royal Decree 817/2009, of 8 May, for which the Law is partially developed 30/2007, of 30 October, by Royal Decree 1098/2001 of 12 October 2001 on the approval of the General Regulation of the Law of Contracts of Public Administrations and the provisions of Title II, Chapter II, of 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 2 (4) of this order and for the approval of the operating rules referred to in Article 4 (2), the Board of Governors shall be required to adopt the Recruitment is made up of at least eight of its members.

4. 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 those it deems appropriate.

5. The Board of Contracting shall arbitrate mechanisms that are best suited to ensure coordination with other possible collegiate bodies of the Department, especially with the Information and Communications Technology Commission.

Article 5. From the Standing Committee.

1. As a support body, the Board of Recruitment is a Standing Committee.

2. The Standing Committee shall be composed of:

a) The Deputy Director General of Financial Management and Contracting, who will act as President.

b) The Senior Officer, who will serve as Vice President.

c) A State Advocate for State Advocacy in the Department.

d) A Controller of the Delegate Intervention in the Department.

e) A representative, with a voice but no vote, for each of the Direct Centers whose affairs are dealt with in the meetings.

(f) The Secretariat of the Board, with voice and vote, who shall act as the Secretariat of the Commission.

3. 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.

4. 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 130.1 of Law 30/2007 of 30 October.

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.

5. Similarly, and by delegation from the Plenary Session of the Board of Contracting, it shall draw up the reports provided for in Articles 39.5 in relation to the questions of nullity of Article 37 and Articles 313.2 and 316.2 of Law 30/2007 of 30 October, on the special appeal in the field of procurement and the submissions to the provisional measures, from which it shall in any event inform the full Board of Contracting Parties.

In this case, the Commission's call will be made as quickly as possible in order to meet the deadlines set out in Law 30/2007 of 30 October.

Article 6. Creation and composition of the Single Contract Table.

1. The Single Contract Table is created in the Ministry of Industry, Tourism and Trade, 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, Tourism and Trade 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 Deputy Director General of Financial Management and Recruitment.

b) Vice President: The Department's Senior Officer.

c) Vocals:

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

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

3. An official designated by the holder of each of the management bodies of the Department, with at least level 26, to be convened when the matters to be dealt with affect their respective institutions.

(d) Secretariat: the Secretariat of the Contracting Board, which shall be a member of the Bureau and shall have a voice and vote.

By agreement of its President, the meetings of the Contracting Bureau may be incorporated, with a voice but without a vote, as many specialized advisers are deemed necessary, when the nature of the cases so requires. treat.

Article 7. Powers and functioning of the Single Contracting Table.

1. The Single Contracting Bureau shall act in the cases provided for in Article 295 of Law 30/2007 of 30 October in those contracts which 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 their intervention.

3. The Single Contracting Table shall be governed, in respect of its operation, by the provisions of this order and, not particularly provided for in its provisions, by Law 30/2007, of 30 October, of Contracts of the Public Sector, by the rules that are applicable in the development of Law 30/2007, of October 30, by 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, October 12, by which the General Regulations of the Law of Contracts of Public Administrations are approved and by the provisions of Title II, Chapter II, of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

Article 8. Secretary of the Board and Single Table.

1. The Secretariat of the Single Contracting Table and the Board of Contracting, is configured as a unit of support to the Single Table and to the Board of Contracting in the central services of the Ministry of Industry, Tourism and Commerce.

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 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 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 Board of Contracting, which is established in accordance with this order, shall be competent for the processing of contracts whose files have been initiated prior to its entry into force.

Single repeal provision. Repeal provision.

Any provisions of equal or lower rank shall be repealed as set out in this order, and in particular the following ministerial orders:

(a) Order ITC/3466/2004, of 21 October, establishing the Recruitment Board and the Single Contracting Table of the Ministry of Industry, Tourism and Trade.

b) Order ITC/1345/2006, of 27 April, amending the previous one.

Single end disposition. Entry into force.

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

Madrid, 5 September 2011. -Minister for Industry, Tourism and Trade, Miguel Sebastian Gascón.