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Order Bce-3318-2008, Of 11 November, Which Regulates The Composition And Functions Of The Board Of Recruitment And The Hiring Table Of The Ministry Of Foreign Affairs And Cooperation.

Original Language Title: ORDEN AEC/3318/2008, de 11 de noviembre, por la que se regula la composición y funciones de la Junta de Contratación y de la Mesa de Contratación del Ministerio de Asuntos Exteriores y de Cooperación.

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Article 291.4 of Law 30/2007, of October 30, of Public Sector Contracts provides for the possibility of constituting Contracting Boards in the Ministerial Departments, which will act as contracting authorities in certain assumptions. Royal Decree 1098/2001 of 12 October, approving the Regulations of the Law of Contracts of Public Administrations, dedicates Article 5 to the composition of the Contracting Boards of the Ministerial Departments, specifying in Article 7, the tasks to be performed by them. The need to look for appropriate instruments to contribute to the rationalization and reduction of public expenditure, as well as the desirability of having a specialised administrative contracting authority to achieve the highest efficiency in the different types of contracts, homogeneity in the management and greater economy of means, advise the constitution of a Board of Contracting that, together with the competences that the Law attributes to it as a contracting authority, assume others like the programming, study and monitoring of contracts to be concluded at the Department's level. In its virtue, and in use of the powers conferred by article 12.2.a) of Law 6/1997, of April 14, of the Organization and the Functioning of the General Administration of the State, after the approval of the Minister of Public Administration, Available:

Article 1. Purpose.-Creation of the Recruitment Board.

Under the provisions of Article 291.4 of Law 30/2007 of 30 October of Public Sector Contracts, the Board of Contracting of the Ministry of Foreign Affairs and Cooperation is hereby established, with the composition and functions that are regulated in this Order.

The Board of Contracting, as a collegiate body, is attached to the Department's Secretariat.

Article 2. Composition of the Contracting Board.

1. The Contracting Board shall be composed of the following members: President: The holder of the Secretariat for Foreign Affairs and Cooperation.

First Vice President: The Director General of the Foreign Service. Second Vice President: The Deputy Director General of Financial Management. Third Vice-President: A representative of the Secretariat, with the rank of Deputy Director General, Deputy Director General, or assimilated to both. Vowels: A representative of each Secretariat of State and of the Secretariat, with the level of Deputy Director General, Deputy Director General or assimilated to both.

These vowels will be appointed by the Minister, on a proposal from the representative of the represented organ.

A State Attorney from among those destined for the State of the State of the Department, or specifically appointed by the State Advocate General, who will act as legal counsel. A Controller of the Intervention Delegate in the Department, or the one specifically appointed by the General Intervention of the State Administration. Secretary: An official of the Directorate General of the Foreign Service, with the level of Chief of Service at least, who will act with voice and without a vote, and who will be appointed by the Minister, on a proposal from the Secretary of the Department of the Department.

2. 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:

The President will be replaced by First Vice President, Second and Third, successively.

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. The Registrar may be replaced by another official, of the same or higher level, who shall be appointed by the same procedure as the holder.

3. For the tasks referred to in Article 3 (1) of this Order, the person responsible for the initiative to be treated in the relevant session, with a minimum level of Head of Area or a person, shall be incorporated into the Board of Contracting equivalent, which will act with voice and without a vote.

4. For the tasks referred to in Article 3 (2) of this Order, a representative of each Directorate-General and of the Cabinet of the Minister shall be incorporated as a member of the Board of Recruitment, with a voice and vote. This representative, with the rank of Deputy Director General, Deputy Director General, or both, shall be appointed by the Secretariat on a proposal from the head of the relevant management body. The Deputy Director-General-Head of the Budget Office shall also attend, with voice and vote. 5. Also, all meetings of the Board of Recruitment may be incorporated by the officials or specialized advisors that are necessary according to the nature of the matters to be dealt with, which will act with a voice but without a vote.

Article 3. Functions of the Board of Contracting.

1. The Board of Contracting, in accordance with the provisions of Article 291.4 of Law 30/2007 of 30 October, of Public Sector Contracts, shall act as contracting authority in respect of the following contracts: (a) Works contracts for simple repair, restoration and rehabilitation, as well as for maintenance and maintenance, unless the same has been declared as centralised procurement.

(b) Supply contracts which relate to consumable goods or easy deterioration by use, except those relating to centralised procurement. (c) Contracts for non-declared services for centralised procurement. (d) supply and service contracts other than those attributed to the Board's competence in accordance with the two preceding letters, affecting more than one contracting authority, with the exception of goods or services of centralised procurement.

The approval of the procurement files referred to in the previous four paragraphs does not include the approval of the expenditure, which will be the responsibility of the bodies with competence in this area, for each case.

Except for the competition of the Board as a contracting authority, the contracts considered minor, in accordance with the provisions of Law 30/2007, of October 30, of Public Sector Contracts.

2. In addition to those mentioned in the previous number, the Board of Contracting shall have the following functions: (a) the general scheduling of the hiring in the Department, for which the Board of Contracting may collect from the various bodies management of information on plans and forecasts of needs in this area. This includes the study and programming of the needs of goods and services declared to be centralized procurement.

(b) The prior report in the cases referred to in Article 291.4 of Law 30/2007 of 30 October of Public Sector Contracts in those contracts where the Board does not act as a contracting authority, except that are contracts considered to be minor. (c) the prior report of the cases of disposal of an amount exceeding EUR 10 000. Each year, the Board of Contracting, by the Management Bodies and the Units concerned, shall report on the cases of disposal which, if appropriate, have been processed. (d) The annual evaluation of the results of the administrative procurement in the Ministry. For these purposes, the Board of Directors shall submit a summary report of the annual hiring to the Department holder, through the Secretariat. e) The development and dissemination of mandatory guidelines and recommendations on procurement within the Department. (f) The preparation, prior to the corresponding reports, of standard documents and models for the processing of the different procurement procedures and for the formalization of the work of the Board of Contracting. (g) Any other function attributed to him by the holder of the Department related to the contractual activity of the Ministry, as well as any other function that is expressly attributed to him by the legal system.

3. These powers shall be without prejudice to the functions conferred on the Ministerial Committee of Electronic Administration of the Ministry of Foreign Affairs and Cooperation.

Article 4. Operation of the Recruitment Board.

1. The Board of Contracting shall meet upon a notice of order from the President or, where appropriate, who supposition it in accordance with the provisions of Article 2 (2) of this Order, provided that this is deemed necessary in the light of the number and the the importance of the matters to be dealt with and, in any case, at least once a month.

2. The Board of Contracting shall be governed, in respect of its operation, by the provisions of this Order, by the rules which it may approve for itself in an internal manner for the best exercise of its functions and, in the absence of such rules provisions, by means of the rules which are applicable under the development of Law 30/2007, of 30 October, of Public Sector Contracts, and by the precepts collected, for the collegiate bodies, in Title II of Law No 30/1992 of 26 November 1992, Legal status of public administrations and the common administrative procedure. 3. To adopt the agreements of the Contracting Board referred to in paragraphs (a), (d) and (e) of Article 3 (2) of this Order, and to act on the approval of the operating rules referred to in the preceding paragraph, the Contracting Board shall be chaired by its President or, where appropriate, the First Vice-President, and shall consist of at least two-thirds 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 approved and studied by it, and for the analysis and evaluation of the dossiers. for those who consider it appropriate.

Article 5. Establishment and composition of the Recruitment Bureau.

1. The Bureau of Contracting of the Ministry of Foreign Affairs and Cooperation, attached to the Secretariat, is hereby established, without prejudice to the possibility that others may be established in the field of public bodies assigned to the Department.

The Contracting Bureau of the Ministry of Foreign Affairs and Cooperation will have the following composition:

President: The Director General of the Foreign Service.

First Vice President: The Deputy Director General of Financial Management. Second Vice-President: A representative of the Secretariat, with the rank of Deputy Director General, Deputy Director General, or assimilated to both. Vowels:

A State Attorney from among those destined for the State of the State of the Department, or specifically appointed by the State Advocate General.

An Interventor of the Delegate Intervention in the Department, or the one specifically appointed by the General Intervention of the State Administration. An official designated by the holder of each of the management bodies of the Department with at least the level of Head of Area or equivalent, who shall be convened when the matters to be dealt with affect his/her respective centre. Secretary: He will act as Secretary of the Recruitment Board, with a voice but without a vote, the Secretary of the Board of Contracting.

At the meetings of the Contracting Bureau, the number of specialized advisers may be incorporated with a voice and without a vote, when the nature of the matters to be dealt with is required.

2. In the case of a vacancy, absence or illness, and in general, where there is a justified cause, the following system of supply for the members of the Recruitment Board is established:

The President will be replaced by First and Second Vice President, successively.

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. The Registrar may be replaced by another official, of the same or higher level, who shall be appointed by the same procedure as the holder.

Article 6. Tasks and functions of the Recruitment Bureau.

1. The Contracting Bureau shall assist the contracting authorities in the award of contracts not attributed to the Board of Contracting in Article 3 of this Order, in accordance with the provisions of Article 295.1 of Law 30/2007, 30 In October, the Public Sector Contracts, and 79 of the Royal Decree 1098/2001 of 12 October, approved the Regulations of the Law on Public Administration Contracts.

2. The Contracting Bureau shall meet, after convening its President, or, where appropriate, First or Second Vice-President, in the light of the procurement files to be processed and which, in accordance with this Order, require its intervention.

Single additional disposition. Removal of organs.

For the purposes of this Order, if, as a result of subsequent modifications to the organic structure of the Department, any of its organs are removed, the new body that assumes the powers shall exercise, where appropriate, the the functions that correspond to him in the Board of Contracting, and must be appointed in accordance with the provisions of the second article of this Order.

Single transient arrangement. Cases brought before the establishment of the Contracting Board.

Of the procurement files initiated prior to the entry into force of this Order, they shall know the contracting authorities competent at the time of initiation of the file.

Repeal provision.

The Order of 10 February 1997 is hereby repealed and the composition of the Contracting Bureau of the Ministry of Foreign Affairs is regulated and determined.

Final disposition. Entry into force.

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

Madrid, 11 November 2008.-The Minister of Foreign Affairs and Cooperation, Miguel Angel Moratinos Cuyaube.