The organizational changes made by Royal Decree 1475/2004, of 18 June, for which the basic organic structure of the Ministry of Justice is developed, require the composition and functions of the Board of Directors to be regulated again. Contracting of the Department, constituted by Order of the Ministry of Justice of 25 February 1998. On the other hand, the accumulated experience of the actions of the Board of Recruitment advises their empowerment in order to achieve greater rationality and efficiency in public spending. Thus, according to the express legal enablement of article 12.4 of the current Recast Text of the Law on Public Administrations Contracts, approved by the Royal Legislative Decree 2/2000 of 16 June, and Article 5 of the Rules of Procedure General of the Law of Contracts of Public Administrations, approved by Royal Decree 1098/2001, of October 12, this order modifies and regulates the Board of Contracting of the Ministry of Justice. In its virtue, with the prior approval of the Minister of Public Administrations, I have:

First. The purpose of this order is to regulate the Board of Contracting of the Ministry of Justice, as the contracting authority of the Department, under the Secretariat of Justice, in accordance with the provisions of Article 12.4 of the current Text Recast of the Law of Contracts of Public Administrations, approved by the Royal Legislative Decree 2/2000, of June 16, and Articles 5 and 7 of the General Regulations of the Law of Public Administrations, approved by the Royal Decree 1098/2001 of 12 October, which in no case will affect the recruitment of self-employed bodies and other bodies governed by the Ministry of public law.

Second. Functions. -1. In accordance with the provisions of Article 12.4 of the recast of the Law on Public Administrations Contracts, the Board of Contracting shall act as a collegiate contracting authority of the Department in the following cases:

(a) In supply contracts which relate to consumable goods or easily impaired by use, except in the case of centralised procurement goods or minor contracts.

(b) In the case of contracts for consultancy and assistance and services, except in the case of centralised procurement services, minor contracts or relating to other works contracts. (c) in the supply, consulting and assistance and service contracts, other than those attributed to the competition of the Contracting Board in accordance with the two preceding letters, including those co-financed with other departments; affect more than one contracting authority, with the exception of the case for centralised procurement and minor contracts.

The approval of the procurement files referred to in the preceding paragraphs includes the approval of the expenditure, except in the exceptional case of Article 85.a) of the recast of the Law on Contracts General Government, approved by the Royal Legislative Decree 2/2000 of 16 June.

2. In addition to those referred to in the previous paragraph, the following tasks shall be assigned to the Contracting Board:

a) The overall programming of the procurement in the Department, for which the different management bodies will have to collaborate with the Board of Recruitment providing information regarding plans and forecast of needs semi-annual, annual or multi-annual. This includes the study and programming of the needs of goods and services declared to be centralized procurement.

b) The monitoring and control of the procurement performed at the Department, in order to carry out a comprehensive assessment of the results of each financial year. For these purposes, information on the preparation, award, formalisation, execution, incident and extinction of contracts in which the Contracting Board does not act as an organ shall be collected on a quarterly basis from the various management bodies. (a) The specific information which is to be sent on a quarterly basis on minor contracts and centralised procurement files shall be treated differently. c) The elaboration and dissemination of guidelines and/or recommendations on procurement within the Department. (d) 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. e) The annual evaluation of the results of the administrative procurement in the Ministry. To this end, the Board of Directors will report to the head of the Department, highlighting the levels of effectiveness and economy achieved. f) Any other function attributed to him by the holder of the Department related to the contractual activity of the Ministry.

Third. Composition. -1. The Contracting Board of the Ministry of Justice shall be composed of the following members:

(a) President: the holder of the Subsecretariat of Justice.

b) First Vice President: the Senior Officer. (c) Second Vice-President: the vowel appointed on behalf of the Secretariat. d) Vocals:

A representative of the Secretariat of State of Justice, with the level of Deputy Director General or assimilated, appointed by the Minister on a proposal from the Ministry of Justice.

A representative of the Sub-Secretariat with the level of Subdirector or assimilated, appointed by the Minister on the proposal of the Secretariat. A State Advocate for State of Law in the Department. A Controller of the Intervention Delegate in the Department.

(e) Secretary: An official of the General Staff, with a voice but without a vote, appointed by the Deputy Secretary on the proposal of the General Staff. 2. For the functions referred to in the second paragraph of this order, the representative of the management body related to the procurement file to be dealt with, with a category of Deputy Director General or assimilated, appointed by him, shall be incorporated in the Board of Contracting, as a voice, with a voice and vote. Chairman of the Board on a proposal from the head of the relevant management body.

3. For the tasks referred to in the second paragraph of this order, a representative of each Directorate-General, of the Technical General Secretariat, of the Cabinet of the Minister, shall be incorporated as a member of the Board of Recruitment, with voice and vote. and the General Counsel of the State Directorate of the Legal Service of the State. That representative, with a category of Deputy Director General or assimilated, shall be appointed by the Chairman of the Board on a proposal from the holder of the relevant management body. The Head of the Budget Office shall also be assisted by voice and vote. 4. In the development of the functions mentioned in the preceding number, the Legal Adviser or the Financial Controller in the Department shall not be part of the Contracting Board. 5. The meetings of the Contracting Board may be incorporated by 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 a vote. Fourth. Replacements. -1. The President, in the case of vacancy, absence or sickness and, in general, where there is a justified cause, shall be replaced by the first Vice-President, and failing that, by the second Vice-President. 2. The vowels referred to in the first and second subparagraphs of point 1 (d) of the third paragraph shall be replaced in the case of a vacancy, absence or disease and, in general, where there is a justified cause, by his alternate, who shall have Category of Deputy Director-General or assimilated and shall be appointed by the Minister on the proposal of the Secretary of State or the Deputy Secretary, respectively. 3. The Secretary, in case of vacancy, absence or illness and, in general, when there is a justified cause, shall be replaced by an official of the General Office appointed by the Secretariat on the proposal of that Office. 4. The representatives referred to in paragraphs 2 and 3 of the third paragraph shall be replaced in the case of a vacancy, absence or illness and, in general, where there is a justified cause, by their alternates, who shall have the status of deputy director. general or assimilated, and shall be appointed by the Chairman of the Board on a proposal from the head of the relevant management body. Fifth. Operation of the Board of Contracting. -1. The Board of Contracting shall meet by agreement of its chairman, provided that he so considers, according to the number and importance of the matters to be dealt with and, in any case, once every three months. 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 on an internal basis and in accordance with the general law for the best exercise of its functions and, in the absence of these provisions, by the rules applicable to the development of the recast of the Law on Public Administrations Contracts, approved by Royal Decree-Law 2/2000 of 16 June, and by the the provisions of Title II of Law No 30/1992 of 26 November 1992 on the legal framework of the General Government and the Common Administrative Procedure. 3. In order to adopt the agreements referred to in point 2 of the second subparagraph of this order, as well as for the approval of the operating rules referred to in the preceding number, it shall be necessary for the Contracting Board to be constituted by, at least two thirds of the members referred to in the third subparagraph of paragraph 2 of this order. 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. which it deems appropriate. 5. The Board of Contracting shall arbitrate mechanisms that are best suited to ensure coordination with other collegiate bodies of the Department, in particular with the Ministerial Committee of Electronic Administration.

Single additional disposition. Removal of organs. For the purposes of this order, if, as a result of subsequent modifications to the basic organic structure of the Department, any of its organs is removed, the new body responsible for the tasks shall, where appropriate, exercise the functions which they are responsible for in the Contracting Board, and must be appointed in accordance with the provisions of the third and fourth paragraphs of this rule.

Single transient arrangement. Procurement files initiated prior to the modification of the Contracting Board.-The processing of the procurement files which have been initiated prior to the present modification of the Board of Contracting continue according to the provisions of this order. As long as the Board of Contracting is not constituted with the composition established by this order, and in order not to paralyze the processing of the procurement files, the Board of Contracting will continue to act with the above composition. Single derogation provision. Repeal of rules. The Order of 25 February 1998 is hereby repealed and the Board of Directors of the Ministry of Justice is hereby established.

Single end disposition. Entry into force. This order shall enter into force on the day following that of its publication in the Official Gazette of the State.

Madrid, 20 December 2005.

LOPEZ AGUILAR

Messrs. Secretary of State for Justice, Deputy Secretary and Directors-General of the Department.