The regulatory dispersion on administrative procurement, the extent of the functions attributed to the Ministerial Department, the need to seek appropriate instruments to contribute to the rationalization and reduction of expenditure public, as well as the proven convenience of having specialized organs to undertake the Ministry of Defense's Annual Plan for Centralized Acquisitions, which will achieve the highest efficiency, uniformity in the management and adequate economy of means, they advise the introduction of improvements in the composition and in the operation of the Recruitment Boards in the Ministry of Defense. This is in line with the line of action set out by the Working Group on the rationalization of recruitment in the field of the Department.

The experience accumulated during the period of operation of the Contracting Boards, the approval of the Recast Text of the Law of Contracts of Public Administrations by the Royal Legislative Decree 2/2000, of 16 of In June, the General Regulation of the Law on Public Administration Contracts, approved by Royal Decree 1098/2001 of 12 October 2001, the publication of Royal Decree 1437/2001 of 21 December, of the concentration of powers in the field of agreements, contracts and technical agreements in the field of the Ministry of Defence and with a view to To provide the Boards with greater homogeneity in their composition and agility in management, it is necessary to modify the relationship of the components that form them.

The above mentioned experience advises the removal of the Board of Directors Delegate in the Central Organ, since most of the contracts entrusted to it have a global scope and not only affect the Secretariat of Defense, so they could be done by the Ministry's Recruitment Board.

Finally, following the legislative trend of the unification of provisions that affect different bodies of the Ministry on the same subject and as a consequence of the above, the current regulation of the Juntas of Contracting in the aspects considered to be, therefore, subject to its composition and functioning to the precepts that are then expressed.

In its virtue, with the mandatory report of the Advisory Board of Administrative Contracting and with the approval of the Minister of Public Administrations, I have:

First. Contracting Board of the Ministry of Defense, of the General Staff of Defense and of the Armies.

The composition and functioning of the Board of Directors of the Ministry of Defense, created by O.M. 93/1999, of March 26, will be modified, which will act as a collegiate contracting authority, in respect of administrative contracts. expressed in the third paragraph of this Order, in accordance with the provisions of Article 12.4 of the recast text of the Law on Public Administrations, approved by Royal Decree-Law 2/2000 of 16 June.

The Army of Defense, the Army of the Earth, the Navy, and the Army of Air, which will act as collective contracting authorities, are created in respect of the administrative contracts expressed in the the third paragraph of this Order, in accordance with the provisions of Article 12.4 of the recast text of the Law on Public Administrations, approved by Royal Decree-Law 2/2000 of 16 June.

Second. Composition and operation.

1. Attached to the Secretary of State of Defense, the Board of Contracting of the Ministry of Defense is constituted.

1.1 This Board shall be composed of the following members:

President: The Director-General of Economic Affairs.

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

Vocals:

The Deputy Director General of Planning and Programs in the General Armament and Material Directorate.

The Director General of Planning and Control in the General Infrastructure Directorate.

The Chief of Defense Staff Systems and Programs.

The Director of Supply for the Earth Army Logistics Support Command.

The Navy's Director of Supply and Transportation.

The Chief Procurement Officer of the Air Army Logistics Support Command.

Deputy Director General of Economic Services and Pagadurias, Deputy Secretary.

Deputy Director-General of Interior Regime, Deputy Secretary.

A representative of the General Legal Counsel of Defense.

A representative of the General Intervention of Defense.

Secretary: An Officer of the Intrend Corps of the General Contracting Subdirectorate.

1.2 The Secretariat of the Contracting Board shall be located in the General Contracting Subdirectorate.

2. Attached to the Defense General Staff, the Defense Staff Contracting Board is constituted.

2.1 This Board shall be composed of the following members:

President: Chief of the Joint Chiefs of Defense.

Vice President: The officer of the Intrend Corps responsible for the economic and administrative functions of the Defense Staff.

Vocals:

Chief of the Economic and Administrative Section of the Higher Center for National Defense Studies.

An officer of the organs of assistance to the General Staff Headquarters of the Defense Staff.

A Military Legal Corps officer.

An officer of the Military Intervention Corps.

Secretary: An officer of the Intrend Corps, appointed by the President of the Board, from among those who perform economic and administrative functions in the General Staff

the Defense

2.2 The Secretariat of the Board of Contracting, will be based in the Section for the Administration of the General Staff of Defense.

3. Attached to the Army of Earth, the Army of Land Contracting Board is constituted.

3.1 This Board shall be composed of the following members:

President: Director of Economic Affairs.

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

Vocals:

A representative of the Economic Management and Contracting Subdirection.

A representative of the Supply Management.

A representative of the Maintenance Address.

A representative of the Technical Services Directorate.

A representative of the Infrastructure Address.

A Military Legal Corps officer.

An officer of the Military Intervention Corps.

Secretary: An officer of the Corps of Intendence, of those destined in the Directorate of Economic Affairs.

3.2 The Secretariat of the Recruitment Board will be located in the Economic Affairs Directorate.

4. Attached to the Navy, the Navy Contracting Board is constituted.

4.1 This Board shall be composed of the following members:

President: Director of Economic Affairs.

Vice President: Sourcing and Transportation Director.

Vocals:

A representative of the Shipbuilding Management.

A representative of the Infrastructure Address.

A representative of the Provisioning and Transport Directorate.

A representative of the Technical Services Directorate.

A representative of the Economic Affairs Directorate.

A Military Legal Body Officer.

An Officer of the Military Intervention Corps.

Secretary: An Officer of the Navy's Intrend Corps, of those destined for the Supply and Transportation Directorate.

4.2 The Secretariat of the Recruitment Board will be located in the Supply and Transportation Directorate.

5. Attached to the Air Force, the Air Force Contracting Board is constituted.

5.1 This Board shall be composed of the following members:

President: Director of Economic Affairs.

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

Vocals:

A representative of the Economic Affairs Directorate.

A representative of the Logistic Support Command.

A Personal Command representative.

A representative of the Technical Services Directorate.

A representative of the Headquarters Pool.

A Military Legal Corps officer.

An officer of the Military Intervention Corps.

Secretary: An officer of the Intrend Corps of those assigned to the Directorate of Economic Affairs.

5.2 The Secretariat of the Recruitment Board will be located in the Economic Affairs Directorate.

6. In case of vacancy, absence or illness and, in general when there is a justified cause, the following system of supply of the members of the Contracting Boards is established.

(a) The President shall be replaced by the Vice-President and, failing that, by the Vocal of the Board, of the holders present, in the order indicated in the preceding paragraph.

(b) The vowels shall be replaced by their alternates, who, as the members of the vowels not expressly designated in this Order, shall be appointed by the Secretary of State of Defense for the Board of Contracting of the Ministry and for the Chief of the Defense Staff, for the Chief of Defense Staff, and for the rest by the corresponding Chiefs of Staff, by means of a proposal raised by the holders of the management centers that represent, to the President of the respective Contracting Board.

(c) The secretary shall be replaced by the designated alternate, who, as the holder, shall be appointed by the appropriate authority referred to in the preceding paragraph, from among the officers of Intendence destined for the agencies where radiating the Board Secretariat.

7. Where the object of the contract so advises, and on a proposal from the relevant management centre, the President may agree to join the Recruitment Boards of the necessary specialist advisers, who shall act with a voice, but without vote.

8. The Contracting Boards may decide to set up the working groups they consider appropriate, both for the preparation of the documents to be studied and approved by them, and for the analysis or assessment of the dossiers. which they consider convenient.

9. The Contracting Boards shall be governed, in respect of their operation, by the provisions of this Order, by the rules which they may approve for themselves on an internal basis and in accordance with general legislation,

for the best exercise of its functions and, in the absence of these provisions, for the rules that result from the application in the development of the recast text of the Law of Public Administrations, approved by Royal Decree-Law 2/2000 of 16 June 2000 and the provisions of Chapter II of Title II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure, as amended by Law 4/1999 of 13 January.

Third. Functions and competencies of the Contracting Boards.

1. The Contracting Board of the Ministry of Defense, that of the General Staff and those of the Armies, shall act as contracting authorities for the contracts:

1.1 Supply that relates to consumable or easily impaired use, with no limit of value for which centralised procurement is established in the Ministry of Finance's Annual Plan for Centralised Procurement Defense.

1.2 Consulting and assistance and services, without value limits, for which centralized procurement is established in the Ministry of Defense's Annual Plan for Centralized Acquisitions.

1.3 Supplies relating to consumable goods or easy deterioration by use, consulting and assistance and services, without limit of amount, determined by the Secretary of State of Defense for affecting several armies and the central organ and whose joint procurement allows for a larger economy of scale.

From those expressed above, the assumptions provided for in Articles 183 and 199 of the Law on Contracts of Public Administrations relating to the procurement of goods and services of common use by the Administration, as well as contracts considered minor in accordance with the provisions of the recast text of the Public Administration Contracts Act.

2. The approval of the procurement files, as referred to in the preceding paragraphs, shall not include the approval of the expenditure, which shall, where appropriate, be requested from the authorities to whom it is appropriate.

3. The Contracting Boards may request, before taking their decision, how many technical reports they consider to be accurate and relate to the subject matter of the contract.

4. In order to inform the Secretary of State of Defense of the state of compliance with the Ministry of Defense's Annual Procurement Plan, the Contracting Boards will report annually in February Memory of the activities carried out in the Ministry of Defense. the year before the General Secretariat of Contracting of the Directorate-General for Economic Affairs, without prejudice to the fact that the aforementioned Subdirectorate-General may obtain at any time how much data, background and reports it considers required.

Fourth. Procurement Plan.

By the Directorate General of Economic Affairs, the Secretary of State of Defense will be proposed to the Ministry of Defense, for its development by the Ministry's Contracting Boards, the Contracting Plan that will be derived from the Annual Procurement Plan. Central to the Ministry of Defence.

Fifth. Secretariats of the Contracting Boards.

The Secretariat of the Contracting Boards, the holder of which shall be the Registrar of the Boards, shall be the unit of support for the collegiate body, and shall have the following functions:

1. Receive, process and prepare all matters to be dealt with on the Board.

2. Carry out the necessary actions for the fulfillment of the agreements adopted by the Board of Contracting.

3. In general, those other functions that contribute to the achievement of the goals and objectives of the Board of Recruitment.

4. Those established in general in Article 25 of the Law on the Legal Regime of Public Administrations and the Common Administrative Procedure.

With the structure, membership and composition to be determined, the Contracting Units shall be established, by the appropriate authorities, to support the Secretaries of the Boards in the mission of their mission.

These Units will not perform any of the Contracting Messes ' own performances.

Single additional disposition.

The implementation and further development of this Ministerial Order may not result in any increase in staff or public expenditure.

Single transient disposition.

The procurement files awarded and formalized prior to the entry into force of this Order, by the Board of Contracting of the Central Organ, shall be assumed by the Board of Contracting of the Ministry of Defense.

Also, the files that have been initiated, awarded or formalized by the delegated Contracting Boards shall continue to be processed by the corresponding Contracting Boards set up in this Order. Ministerial. For this purpose, it is understood that the procurement files have been initiated if the relevant contract award notice has been published.

Single repeal provision.

Repealed:

Order 93/1999, of March 26, of the Constitution of the Board of Contracting of the Ministry of Defense.

Order 267/1999, of November 26, of the constitution of the Boards of Contracting Delegates in the Headquarters of the General Staff of the Defense, in the Undersecretary of Defense and in the General Staff of the Army.

Order 114/2000 of 14 April, amending Order 267/1999, of 26 November, of the constitution of the Boards of Contracting Delegates at the Headquarters of the General Staff of the Defense, in the Undersecretary of Defense and at the General Headquarters of the Armies.

First disposition first.

The Secretary of State of Defense is empowered to give the necessary instructions for the development and implementation of this Order.

Final disposition second.

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

Madrid, 9 May 2003.

TRILLO-FIGUEROA AND MARTINEZ-CONDE