By Order AAA/1389/2012, of 19 June, the Board and the Bureau of Contracting of the common services, the General Secretariat of Agriculture and Food and the General Secretariat of Fisheries of the Ministry of Agriculture are regulated, Food and Environment.

The competition of this Contracting Board does not allow for the conclusion of centralised contracts or framework agreements that have for the purpose of goods, services or undeclared works of centralized contracting in the State sphere and that affect the scope of the Department and one or more of its Dependent Agencies and Agencies.

On the other hand, the Subcommittee on the Management of Services and the Common Media of the Commission for the Reform of Public Administrations (CORA) has proposed to the ministerial departments that, prior to the start of a process centralization of inter-ministerial purchases, try to centralize your purchases as much as possible.

Also, the Instruction of the Undersecretary of Finance and Public Administrations on the centralization of contracts, dated July 5, 2013, besides considering priority the centralization of those of interest to several ministerial departments referred to in article 316.5 of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, urges the Ministries to initiate centralization of contracts in their fields of competence (Ministry and other sector entities State administrative public).

In addition, the operating experience to date advises to extend the possibility of replacing the President and the Vice-President first in cases of vacancy, absence or illness, both on the Board of Contracting as in the Recruitment Table.

The Administrative Contracting Advisory Board has issued a favorable report.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Creation and composition of the Recruitment Board.

1. The Board of Contracting of the Ministry of Agriculture, Food and the Environment, attached to the Secretariat, is created with the composition and functions that are regulated in this order.

2. It shall be composed of the following members:

a) President: The head of the General Directorate of Services.

(b) First Vice-President: The person who holds the General Staff, who will act as the President's alternate in case of vacancy, absence or illness.

c) Second Vice-President: One of the persons holding the ownership of any of the Deputy General Directors of the General Staff, appointed by the person who holds the Department, on a proposal from the President, who he shall supply the President in cases of vacancy, absence or illness of the President and the Vice-President first.

d) Vocals:

1. A representative of the Secretary of State for the Environment, with the rank of Deputy Director General or assimilated, appointed by the person in charge of the Department on the proposal of the person holding the Secretary of State.

2. A representative of the General Secretariat of Agriculture and Food, with the rank of Deputy Director General or assimilated, appointed by the person who holds the Department at the proposal of the person holding the General Secretariat.

3. A representative of one of the Autonomous Bodies and Agencies of the Department, whose headquarters is in the Autonomous Community of Madrid, appointed by the person who holds the Department at the proposal of the President or Director. This vocalia will rotate for quarterly periods, among all the autonomous agencies and agencies, in the order that the person who holds the Department decides.

4. º Three representatives of the Secretariat, with the rank of Subdirector General or assimilated, appointed by the person who holds the Department at the proposal of the person who holds the Secretariat.

5. A representative of the General Secretariat of Fisheries, with the rank of Subdirector General or assimilated, appointed by the person who holds the Department at the proposal of the person who holds the General Secretariat.

6. A State Advocate for the State of the State of the State in the Department.

7. A Financial Controller of those destined for the Delegate Intervention in the Department.

e) Secretary, with a voice and without a vote: The person who is the head of the Area to be determined by the person who holds the General Staff, appointed by the head of the Department, on a proposal from the President.

3. The vowels and the Secretary of the Board of Directors, with the exception of representatives of the Delegation and State Advocate in the Department, shall be replaced in the case of vacancy, absence or illness and, in general, when A reasoned cause, by its alternates, shall be appointed by the person holding the Department on a proposal from the respective bodies of provenance, among officials assigned to the same sub-directions as the holders with rank minimum service chief.

4. Where the subject-matter of the contracts so advises, a representative appointed by the head of the management body responsible for the file to be dealt with shall be able to include a representative appointed by the head of the management body responsible for the file to be treated as a member of the contracting authority. the corresponding session.

Article 2. Functions of the Board of Contracting.

The Contracting Board will have the following functions:

1. According to Article 316.4 of the Recast Text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, acting as contracting authority for the contracts referred to in points (a) to (d) of the Next paragraph, not declared of centralised procurement in the State field, as provided for in Articles 206 and 207 of the Recast Text of the Law on Public Sector Contracts and declared to be centralized contracting in the field of Department and its Autonomous Bodies and Agencies, which affect the scope of more than one organ of procurement.

2. Acting as a contracting authority for the common services, the General Secretariat for Agriculture and Food and the General Secretariat for Fisheries for the following contracts, as provided for in Articles 206 and 207 of the Recast of the Law on Public Sector Contracts, financed from the budget services of the Secretariat, the General Secretariat of Agriculture and Food, the General Secretariat of Fisheries and its Directorates General dependents:

(a) Contracts of works covered by paragraphs (b) and (c) of Article 122 (1) of the recast of the Law on Public Sector Contracts.

b) Supply contracts that relate to consumable or easy to use goods.

c) Contracts of undeclared services of centralised procurement at the state level

(d) Supply and service contracts, other than those attributed to the Board's competence in accordance with previous letters affecting more than one contracting authority.

The approval of the procurement files referred to in the preceding paragraphs does not include the approval of the corresponding expenditure.

3. Carry out the monitoring and control of the procurement carried out in the field of its competences, in order to carry out a comprehensive assessment of the annual results. Annually, you will report with this data for elevation to the Subsecretariat.

4. Develop and disseminate the mandatory guidelines in the field of their competencies and the recommendations on recruitment in the Department.

5. To prepare, in advance of the corresponding reports, the standard models of documents for the processing of the different procurement modalities and for the formalisation of the work of the Board of Recruitment.

6. To approve, prior to the report of the State Advocate in the Department, the documents in which the specifications of each contract are particularized in the specifications of the specific administrative clauses of the contracts of their competence.

Article 3. Exclusions.

Contracts considered minor in accordance with the Recast Text of the Public Sector Contracts Act are excluded from the scope of the Board's competence.

Article 4. Delegations.

1. For non-declared contracts of centralised procurement within the Department or in the State, it is delegated to the competent bodies by reason of the matter and the amount, in the terms of the order of delegation of powers in force in the each time and other applicable legislation, the following powers:

a) In relation to contracts for simple repair, restoration or rehabilitation, conservation and maintenance works:

1. Technical approval of the project, as well as the project of safety and health of the work.

2. The appointment of the director of the work and the direction of execution of the work, as well as the health and safety coordinator.

3. Approval of ordinary certifications and final work certification.

4. Job Program Approval.

5. Approval of the settlement of the work.

6. Approval of new prices as a result of modified work or project.

7. The definitive suspension of the work.

8. º Designation of the Administration representative for the receipt.

(b) In relation to contracts for the supply of consumable goods or for easy deterioration by use and with service contracts:

1. Technical approval of the technical specifications;

2. Job Manager Appointment;

3. Approval of credits to account;

4. Job Program Approval;

5. Approval of the clearance of the jobs;

6. Approval of new prices as a result of amendments to the technical specifications;

7. The definitive suspension of jobs;

8. º Designation of the Administration representative for the receipt.

c) For all contracts:

1. Price Review;

2. The Approval of Annuity Readjustments.

2. It is delegated to the Registrar to refer to the Central Administrative Court of Contractual Resources the recruitment file, as well as the report of allegations of the contracting authority, in the cases of interposition of the Special resource for procurement provided for in Article 40 et seq. of the Recast Text of the Public Sector Contracts Act.

Article 5. Procedure.

1. The Board of Contracting shall be governed, in respect of its operation, by the provisions of this order, by the rules of internal operation which it may approve and, in the absence of these provisions, by the Recast Text of the Law of Contracts of the Public Sector and the provisions of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and Common Administrative Procedure.

2. In order to adopt the agreements referred to in the second subparagraph of this order, as well as for the approval of the internal operating rules referred to in the preceding paragraph, it shall be necessary for the Contracting Board to be constituted, as minimum, with two thirds of its members, including those who will necessarily include the positions of President and Secretary, or, where appropriate, those who replace them.

3. The Board of Contracting shall establish the mechanisms for communication and scheduling of meetings that allow effective coordination with other possible collegiate bodies of the Department, especially with the Ministerial Committee of Administration. Electronics.

4. The Board of Contracting shall meet regularly on a regular basis, subject to the order of its President. It shall also meet, on an extraordinary basis, whenever the President considers it necessary in the light of the importance of the matters to be dealt with.

Article 6. Hiring table.

1. The Bureau for the procurement of the common services, the General Secretariat for Agriculture and Food and the General Secretariat for Fisheries of the Ministry of Agriculture, Food and the Environment, attached to the Secretariat, is hereby established. with Article 320 of the Recast Text of the Public Sector Contracts Act.

2. It shall be composed of the following members:

a) President: The head of the General Directorate of Services.

(b) First Vice-President: The person who holds the General Staff, who will act as the President's alternate in case of vacancy, absence or illness.

c) Second Vice-President: One of the persons holding the ownership of any of the Deputy General Directors of the General Staff, appointed by the person who holds the Department, on a proposal from the President, who he shall supply the President in cases of vacancy, absence or illness of the President and the Vice-President first.

d) Vocals:

1. A representative of the Secretary of State for the Environment, with the rank of Deputy Director General or assimilated, appointed by the person in charge of the Department on the proposal of the person holding the Secretary of State.

2. A representative of the General Secretariat of Agriculture and Food, with the rank of Deputy Director General or assimilated, appointed by the person who holds the Department at the proposal of the person holding the General Secretariat.

3. º Three representatives of the Sub-Secretariat, with the rank of Subdirector General or assimilated, appointed by the person who holds the Department at the proposal of the person who holds the Secretariat.

4. A representative of the General Secretariat of Fisheries, with the rank of Deputy Director General or assimilated, appointed by the person who holds the Department at the proposal of the person holding the General Secretariat.

5. A State Advocate for the State of the State of the State in the Department.

6. A Financial Controller for the Department's Delegate Intervention.

e) Secretary, with a voice and without a vote: The person who is the head of the Area to be determined by the General Staff, appointed by the person who holds the Department, on a proposal from the President.

3. The vowels and the secretary of the contracting bureau, with the exception of representatives of the Delegation and State Advocate in the Department, shall be replaced in the case of vacancy, absence or illness and, in general, when A reasoned cause shall be given by its alternates, who shall also be appointed by the person holding the Department on a proposal from the respective bodies of provenance, among officials assigned to the same sub-addresses as the holders with minimum service head range.

4. The contracting authority shall have the task of assisting the contracting authority by exercising the functions set out in Article 320 of the recast of the Law on Public Sector Contracts and in Article 22 of Royal Decree 817/2009, 8 of May, for which the Law 30/2007, of October 30, of Contracts of the Public Sector is partially developed, in contracts that do not fall within the competence of the Board of Contracting.

5. The meetings of the contracting bureau may be incorporated as technical-technical by the officials or specialized advisers necessary, depending on the nature of the matters to be dealt with, which shall act in a voice but without a vote. This participation may not generate other expenses than those which, where appropriate and duly justified, may correspond, by lodging and lodging pursuant to Royal Decree 462/2002 of 24 May 2002, of compensation for service.

6. The recruitment bureau shall meet, on a request from its chairman, to deal with the dossiers which, in accordance with the provisions of this order, are to be submitted to its study and to draw up a proposal for the procurement.

Single repeal provision. Regulatory repeal.

Order AAA/1389/2012 of 19 June 2012 governing the Board and the Bureau of Contracting of the Common Services, the General Secretariat of Agriculture and Food and the General Secretariat for Fisheries of the Ministry of Agriculture, Food and Environment.

Single transient arrangement. Files which have been initiated prior to the establishment of the bodies covered by this order.

The procurement files initiated prior to the entry into force of this order shall be processed in accordance with the processing rules indicated therein, with all valid acts performed until the date of entry into force.

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, August 28, 2014. -Minister of Agriculture, Food and Environment, Isabel García Tejerina.