The experience gained since the approval of Ministerial Order 94/1999, of March 26, for the elaboration of the Annual Plan of Centralized Procurement of the Ministry of Defense, and of Order DEF/1226/2003, of May 9, for The Ministry of Defense's Contracting Board is being amended and the Joint Chiefs of Staff of the Defense and Army Staff are created, as well as the important changes that have taken place both in the area of public contract law as in the organization of the Ministry of Defense, It is appropriate to repeal the previous provisions to carry out, with this order, a new regulation of centralised procurement in the Ministry of Defence more agile, efficient and adapted to such changes.

This is about strengthening and streamlining the use of centralized procurement as a way to streamline procurement, achieving additional economies of scale, greater standardization of our procurement and a improvement of the contractual procedures, all within the framework defined by Instruction 5/2010 of 19 February of the Secretary of State of Defence, approving the General Plan for the Organization of Contracting and its Procedures in the Ministry of Defense and with the general objective of improving efficiency and economy in the obtaining the resources.

Taking into account the above objectives, this order confirms the current five Contracting Boards: Ministry, Defense Staff and Armies, updates its components and extends its powers, until now limited. to the contracting of services, and supplies of consumable goods and of easy deterioration, to contracts for the simple repair, restoration or rehabilitation and maintenance and maintenance works, paragraphs (b) and (c) of Article 106.1 of the Law 30/2007, of October 30, of Public Sector Contracts and all supplies and services, which are included in the Annual Centralised Recruitment Plan or affect more than one contracting authority.

Finally, the planning and monitoring of centralized procurement is simplified by unifying in a single document, called the Annual Centralized Procurement Plan, the previous Annual Centralized Acquisition Plans and Centralised Recruitment. In the future, this Plan will be integrated into the Ministry of Defense's Annual Recruitment Plan along with the remaining procurement proposals.

Therefore, it is necessary to approve a new ministerial order to adapt centralized procurement within the Department in the direction indicated.

In another order of things, once published in Order DEF/1777/2011 of 22 June, determining the regulatory basis for the granting of financial aid for the access to the housing property of the members of the Armed forces, the omission of a paragraph was detected in the first final provision amending the Ministerial Order 75/2006 of 18 May establishing the scale for the award of non-eligible military housing under the scheme Special lease. The approval of this rule is used to correct that omission.

In its virtue, with the mandatory report of the Advisory Board of Administrative Contracting and with the prior approval of the Third Vice President of the Government and Minister of Territorial Policy and Public Administration, I have:

Article 1. Purpose.

1. In the development of the provisions of article 291.4 of Law 30/2007, of October 30, of Public Sector Contracts (LCSP), the composition and competencies of the Contracting Boards of the Ministry of Defense, of the General Staff of the Ministry of Defense, are modified. Defense and, of the Armies.

2. The works, supplies and services which, each year, will be the subject of centralised procurement by the previous Contracting Boards, will be detailed in the Annual Plan for Centralised Procurement, whose procedures for drafting, approval, monitoring and control are defined in this order and in the provisions that are developed at the time.

Article 2. Composition of the Recruitment Boards.

1. The Contracting Board of the Ministry of Defense, attached to the Secretary of State of Defense, shall be composed of:

a) President: The Director General of Economic Affairs.

b) Vice-President: The Deputy Director-General of the Directorate-General for Economic Affairs.

c) Vocals: A representative of each of the following agencies:

-With Category of Subdirector General or General Officer:

1. General Directorate of Armament and Material.

2. General Infrastructure Management.

3. Joint Chiefs of Defense Staff.

4. Earth Army.

5. Navy.

6. Air Army.

7. Subdirectorate General of Economic Services and Pagadurias.

8. Program of Modernization of the Contracting General Subdirection of Contracting.

-With Officer Category:

1. The General Legal Counsel of Defense.

2. General Defense Intervention.

(d) Secretary: An officer of the Intrend Corps of those assigned to the Subdirectorate General of Contracting who shall be the holder of the Secretariat of the Board of Contracting, which shall be located in that Subdirection.

2. The Defense Staff Contracting Board, attached to the General Staff of Defense, shall be composed of:

a) President: Chief of the Joint Chiefs of Staff.

b) Vice President: The Officer of the Corps of Intrend responsible for the economic and administrative functions of the General Staff of Defense.

c) Vocals: A representative of each of the following bodies with a category of Officer:

1. The Economic and Administrative Section of the Center for National Defense Studies.

2. Organ of assistance to the General Staff Headquarters of the Defense Staff.

3. º Legal Counsel of the General Staff of Defense.

4. Delegation in the General Staff of Defense.

d) Secretary: An officer of the Intrend Corps of the Department of Economic Management who will be the head of the Secretariat of the Board of Contracting, which will be located in that Head Office.

3. The Land Army Contracting Board, attached to the Army of Land, will be composed of:

a) President: The Economic Affairs Director of the Earth Army.

b) Vice President: The Deputy Director of Economic Management and Recruitment.

c) Vocals: A representative of each of the following bodies with a category of Officer:

1. The Earth Army's Directorate of Economic Affairs.

2. Army Logistics Support Command.

3. Head of Information, Telecommunications and Technical Assistance Systems.

4th Army General Inspection.

5. º Legal Counsel of the Army Headquarters of the Earth Army.

6. º Central Delegate Intervention at the Army Headquarters of the Earth.

d) Secretary: An officer of the Intrend Corps of the Department of Economic Affairs of the Army of Land who will be the head of the Secretariat of the Board of Contracting, which will be located in the Address.

4. The Navy Contracting Board, attached to the Navy, shall be composed of:

a) President: Director of Economic Affairs of the Navy.

b) Vice President: The Deputy Director of Economic Management and Contracting of the Navy.

c) Vocals: A representative of each of the following bodies with a category of Officer:

1. Logistics Support Headquarters.

2. Head of Navy Personnel.

3. Directorate of Economic Affairs.

4. Legal Counsel of the Navy Headquarters.

5. º Intervention of the Navy Headquarters.

(d) Secretary: An officer of the Intrend Corps of those assigned to the Directorate of Economic Affairs of the Navy who will be the head of the Secretariat of the Board of Contracting, which will be located in that Directorate.

5. The Air Force Contracting Board, attached to the Air Force, shall be composed of:

a) President: Director of Economic Affairs for the Air Force.

b) Vice President: A Deputy Director of the Economic Affairs Directorate.

c) Vocals: A representative of each of the following bodies with a category of Officer:

1. Directorate of Economic Affairs of the Air Force.

2. Logistic Support Command.

3. Staff Command.

4. General Headquarters Grouping.

5. Operational Support Headquarters.

6. Head of Technical Services, Information Systems and Telecommunications.

7. º Legal Counsel of the Air Force Headquarters.

8. º Intervention of the Air Force Headquarters.

d) Secretary: An officer of the Intrend Corps of the Department of Economic Affairs of the Air Force that will be the head of the Secretariat of the Board of Contracting, which will be located in the Address.

6. The components of the Contracting Boards that have not been expressly designated in the foregoing points of this article, shall be appointed by the authorities listed below, on a proposal from the head of the Steering Center to which represent, raised through the Chair of the Board concerned:

(a) The Secretary of State of Defense, for the components of the Ministry's Contracting Board.

b) The Chief of the Defense Staff, for the components of the Staff Contracting Board.

c) The Chiefs of Staff of the Army of Land, Navy, and Air Force for the corresponding Recruitment Boards of their respective Armies.

Article 3. Functions and competencies of the Contracting Boards.

The Contracting Boards, in accordance with the provisions of Article 291.4 of the LCSP, shall act as contracting authorities in relation to the following contracts:

(a) From works covered by paragraphs (b) and (c) of Article 106.1 of the LCSP, for which centralised procurement is established in the Ministry of Defence's (PACC) Annual Centralised Recruitment Plan.

(b) Supply which relates to consumable goods or to easy deterioration by the use, without limit of value, for which centralised procurement is established in the PACC.

(c) Services, without limit of value, for which centralised procurement is established in the PACC.

(d) Supply and services, without limit of value, other than those attributed to the competition of the Boards in accordance with the two preceding points, affecting more than one contracting authority.

Of those expressed above, the Contracting Boards shall not have jurisdiction over the procurement of the declared goods and services of centralised procurement at the State level, as provided for in Articles 190 and 191 of the LCSP.

The procurement of supplies and services attributed to the competition of the Boards, in accordance with the provisions of this article, may not be carried out by other contracting authorities of the Ministry of Defense, without prejudice to the delegation of powers laid down in Article 5 of this Ministerial Order.

To carry out the monitoring and control of the contracts, the Contracting Boards may appoint a Monitoring Commission (COMSE) to carry out the tasks and tasks indicated in the respective Pliegos, and may be assigned, also, the functions of the contract officer as provided for in Article 41 of the LCSP.

Article 4. Management of expenditure.

With regard to the management of expenditure, the Contracting Boards, as well as the bodies in which they may delegate their contracting powers, shall exercise both the powers of approval of the expenditure and those of their commitment.

For the remaining powers of the expenditure execution procedure (recognition of the obligation and proposal for payment) the provisions contained in the ministerial orders of delegation of expenditure remain in force.

Article 5. Delegation of powers.

The Contracting Boards shall delegate the power to conclude contracts based on the framework agreements in which they act as contracting authorities, in those contracting entities of the Ministry of Defense with competence in the subjects covered by the contract.

Article 6. Operation of the Recruitment Boards.

The Contracting Boards shall be governed, in terms of their operation, by the provisions of this order, by the rules that are dictated in the development of this ministerial order and the organization of the hiring in the Department and by the rules which it may approve for the best practice of its functions and, as far as it is not covered by these provisions, by the rules which are generally applicable in the development of the LCSP, and by the (a) the provisions of Article 3 (2) of the Treaty establishing the European Community, in particular in the case of: Legal status of public administrations and the common administrative procedure.

In order to approve the operating rules referred to in the previous point, it will be necessary for the Board of Directors to be chaired by its President or, where appropriate, the Vice-President, and made up of at least two-thirds of its members.

Article 7. Specialized advisors.

The Contracting Boards may agree to incorporate into their meetings of the specialized advisers that are necessary according to the nature of the matters to be dealt with and when the subject matter of the contract so advises, they shall act with voice but no vote.

In the same way, they may request, before taking their decision, how many technical reports or documents related to the subject matter of the contract they consider to be accurate or to entrust the performance of the same to the working groups constitute the effect.

The appointment of the specialized advisers and the components of the working groups to be created at the request of the Boards, shall be approved by the Chair of the Boards, on the proposal of the Authority of which it is personnel.

Article 8. Supply arrangements.

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 Contracting of the Ministry of Defense, of the General Staff, is established. of the Defense and, of the Armies:

(a) The President shall be replaced by the Vice-President and, failing that, by the first of the Vocals in accordance with the order referred to in Article 2.

(b) The Vocals and Secretaries shall be replaced by the alternates who have been appointed in each case in accordance with the procedure laid down in Article 2.6.

Article 9. Secretariats of the Contracting Boards.

The Secretaries of the Contracting Boards, the holder of which shall be the Registrar of the Boards, are entitled to the following functions:

(a) Receive, process and prepare all matters to be dealt with in the Board and lift the Minutes at the end of each of their meetings.

b) Conduct the necessary actions for the fulfillment of the agreements adopted by the Board of Contracting and the specific tasks assigned to it by the Board.

c) In general, those other functions that contribute to the achievement of the purposes and objectives of the Board of Recruitment.

d) Those established in general in Article 25 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, being their intervention with a voice but without vote.

In the performance of their duties, the Secretaries of the Contracting Boards shall be assisted by the existing Sections or Contracting Units.

Article 10. Centralized Recruitment Annual Plan.

The Annual Centralised Procurement Plan (PACC) is the document detailing the proposals for contracts falling within the scope of Article 3, which will be the subject of centralised procurement by the Boards of Directors. Recruitment of the Ministry.

In addition to the relationship and description of the works, goods and services subject to centralised procurement, the Plan will include the recruitment schedule, the Contracting Board responsible for each contract and the responsible bodies. to prepare the preparatory documentation for the procurement file and for the particularised monitoring of the framework agreement or contract.

The works, supplies and services included in the PACC, may not be hired by contracting authorities other than the Contracting Boards indicated in the Plan, without prejudice to the delegation of established faculties of in accordance with Article 5.

Article 11. Preparation, monitoring and control of the PACC.

1. The Directorate-General for Economic Affairs, through the General Procurement Subdirectorate, will be responsible for the elaboration, monitoring and control of the Plan.

2. For its elaboration, the General Staff of the Armies in coordination with the Ministry's organs in which the Minister and the Secretary of State of Defense have deconcentrated their contracting powers, as well as the Undersecretary of In the first quarter of each year, the defence shall inform the General Subdirectorate of Contracting of the works, supplies and services they propose for centralised procurement in the following annuity.

For the analysis and subsequent selection of the proposals to be included in the PACC, the Director General of Economic Affairs will be a working group, chaired by the Deputy Director General, which will be integrated by:

a) Defense Staff.

b) Deputy Secretary of Defense.

c) General Direction of Armament and Material.

d) Infrastructure General Address.

e) Economic Affairs Directorates of the Armies.

In the elaboration of the PACC proposal, the working group should take into account the procurement strategies that have been approved by the Secretary of State for Defense for certain types of contracts.

The PACC prepared by the working group will be elevated by the Director General of Economic Affairs to the approval of the Secretary of State of Defense, within the year before its validity.

For the implementation of the PACC, the bodies responsible for drawing up the preparatory documentation for the procurement file shall provide the Secretariat of the Contracting Board, which is appropriate in each case, with the documentation and information to be determined with such an object.

3. For the monitoring and control of the PACC, the Secretariats of the Contracting Boards shall forward to the General Subdirectorate of Contracting Regular Reports with the frequency and content to be established. Upon receipt of this information, such Sub-address shall inform the Director-General of Economic Affairs with similar frequency.

In turn, the Director General of Economic Affairs will submit an annual report to the Secretary of State for Defense on the compliance and results of the PACC.

Article 12. The Ministry of Defense's Annual Recruitment Plan.

Once the Ministry of Defense's Annual Contract Plan (PACDEF) referred to in the third paragraph of Article 8 of Instruction 8/2009 of 9 March of the Secretary of State for Defence, for which it is approved The Permanent Program of Efficiency and Economy of Expenditure of the Ministry of Defense, has been implemented, the PACC will become an integral part of it and its approval will be carried out jointly.

Single additional disposition. No increase in public spending.

The implementation and further development of this ministerial order will not increase public spending, in accordance with the Department's personal and material resources.

Single repeal provision. Regulatory repeal.

1. Order DEF/1226/2003, dated May 9, is hereby repealed and the Board of Contracting of the Ministry of Defense is amended and the Joint Chiefs of Staff of the Defense and Army Staff are created.

2. Ministerial Order 94/1999 of 26 March is hereby repealed for the preparation of the Ministry of Defence's Annual Plan for Centralised Procurement.

Final disposition first. Amendment of Order DEF/3389/2010 of 28 December 2010 for delegation of powers in the field of the Ministry of Defence.

Paragraph (b) of Article 2 of Order DEF/3389/2010, of 28 December 2010, of delegation of powers in the field of the Ministry of Defence, is worded as follows:

" (b) In the authorities listed below, all the powers relating to the recruitment abroad as the additional provision (1) (a) of Law 30/2007 of 30 October, give the Minister of Defense, as well as those legal businesses whose competence corresponds to the Minister:

1. In the Heads of the economic organs that support the Armed Forces deployed outside the national territory, up to an amount equal to or less than 600,000 euros.

2. º In the respective Directors of Economic Affairs of the Armies up to an amount equal to or less than 2,000,000 euros.

3. In the Deputy Director-General for Economic Management of the Directorate-General for Economic Affairs, with no limit of value. "

Final disposition second. Amendment of the Ministerial Order 75/2006 of 18 May establishing the scale for the award of non-eligible military dwellings under special lease, as amended by Order DEF/1777/2011 of 22 June 2011, by the that the regulatory bases for the granting of economic aid for access to the housing property of the members of the Armed Forces are determined.

In point 1 of the single paragraph of Ministerial Order 75/2006 of 18 May, as amended by Order DEF/1777/2011 of 22 June, a paragraph (d) is added, with the following wording:

"d) For each month of stay in the list of applicants on the occasion of the last request submitted: 0.1 points (up to a maximum of 3.6 points)."

Final disposition third. Regulatory development.

The Secretary of State of Defense is empowered to dictate the instructions necessary to regulate the Annual Plan of Centralized Recruitment, within the new regulatory framework that is being established for the organization of the Procurement in the Ministry of Defence.

Final disposition fourth. Entry into force.

This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, July 13, 2011. -Minister of Defense, Carme Chacón Piqueras.