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Order Ess/252/2014, On 13 February, Which Are Delegated And Approve Delegations Of The Exercise Of Powers In Relation To Contracting In The Administrative Bodies Of The Ministry Of Employment And Social Security.

Original Language Title: Orden ESS/252/2014, de 13 de febrero, por la que se delegan y se aprueban las delegaciones del ejercicio de competencias en materia de contratación en los órganos administrativos del Ministerio de Empleo y Seguridad Social.

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TEXT

The government has set in motion an important and ambitious program of reforms, among which are measures of administrative rationalization, simplification and elimination of duplications and bureaucratic obstacles.

The Commission for the Reform of Public Administrations, created by the Council of Ministers Agreement of 26 October 2012, carried out an intensive work of comprehensive review of the Public Administration, aimed at achieving an improvement in the effectiveness and efficiency of public activity. The result of this work is the Report for the Reform of Public Administrations, which was known to the Council of Ministers on 21 June 2013.

Within the measures contained in the aforementioned report, they highlight those relating to the management of services and the common media by the General Administration of the State and, within these, those relating to the centralization of contracts. of services and supplies. With the objectives of obtaining savings, seeking efficiency, homogenizing the quality levels of services and supplies and simplifying the structure of the contracting authorities, the Report for the Reform of Public Administrations proposes measures at the level of the General Administration of the State, which are already being promoted by the Ministry of Finance and Public Administrations, and measures to be implemented in each Ministerial Department. In the latter case, the need to adopt measures such as centralising purchases as far as possible is pointed out and to ensure that all contracting authorities are integrated into a single organic chain enabling the unification of management, monitoring and monitoring. and control of procurement, as well as the centralisation of contractual information.

At the beginning of this legislature, Royal Decree 343/2012 of 10 February, for which the basic organic structure of the Ministry of Employment and Social Security is developed, significantly simplified the structures administrative department of this Ministerial Department. However, the complexity of the administrative organisation of the Ministry of Employment and Social Security is particularly important in terms of administrative recruitment, where there are many contracting authorities with originating powers. or delegated, which are translated into the annual celebration of a high number of administrative contracts of all types.

The proposals contained in the Report for the Reform of Public Administrations in the field of procurement have given rise to the approval of the Order of 13 February 2014, for which the Board of Directors is created and regulated. Recruitment and the Single Recruitment Table of the Ministry of Employment and Social Security.

The purpose of this order is to establish a new regime for the delegation of competences in the field of employment in the Ministry of Employment and Social Security and to reduce the bodies with delegated powers in this field. The order therefore represents a further step in the direction of rationalising and centralising recruitment in the field of the Ministry of Employment and Social Security.

To do this, the order centralizes the scope of the Department's Secretariat for the procurement powers delegated primarily by the Department's head. In this way, a single organic chain will be set up to promote the unification of the management, monitoring and control of the procurement and its information.

This reform therefore involves the repeal and repeal of the currently existing delegations (set out in the ESS/619/2012 Order of 22 March, for which the delegations of the financial year are delegated and approved). (a) the powers conferred on the administrative bodies of the Ministry of Employment and Social Security and its public bodies, the allocation of delegated powers in the field of procurement exclusively and in accordance with the amount and class of the contract; Deputy Secretary for Employment and Social Security, Deputy Director General for Financial Management and Officer Major, replacing the delegations so far in force in ninety-six organs in the field of central, peripheral and outside departments of the Department.

The order has been the subject of both the Delegate and the Legal Service in the Department.

In accordance with the provisions of Article 13 of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, in the additional 13th provision of the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, and in Article 20 of Law 50/1997, of 27 November, of the Government, I have:

Article 1. Delegations of competence in the field of procurement.

1. The Ministry of Employment and Social Security is delegated to the Under-Secretary for Employment and Social Security to exercise the responsibilities of the Minister for Employment and Social Security with the powers inherent in the contracting authority established in the regulations. in force, where the amount of the invitation to tender exceeds EUR 1,000,000.

2. The Deputy Director-General for Financial Management is delegated the exercise of the responsibilities of the Minister for Employment and Social Security in the field of employment, with the powers inherent in the contracting authority established in the regulations. in force, where the amount of the invitation to tender does not exceed EUR 1,000,000, with the exception of the contracts referred to in paragraph 3.

3. The exercise of the responsibilities of the Minister for Employment and Social Security in the field of employment, with the powers inherent in the contracting authority established in the current regulations, on projects and on projects, is delegated to the General Staff. construction and repair works of buildings, where the amount of the invitation to tender does not exceed EUR 1,000,000.

4. The delegation of the Secretaries of State for Employment and Social Security, under the Under-Secretary for Employment and Social Security, of the exercise of powers in the field of employment, with the powers inherent in the body of This is related to the exercise of the functions conferred by the Subsecretariat in Royal Decree 343/2012 of 10 February, for which the basic organic structure of the Ministry of Education is developed. Employment and Social Security, when the amount of the tender exceeds 1,000,000 euros.

5. The delegation of the Secretaries of State for Employment and Social Security, the Deputy Director-General for Financial Management, the exercise of powers in the field of employment, with the powers of the Office, is hereby approved. contracting established in the rules in force, related to the exercise of the functions conferred by the Subsecretariat in Royal Decree 343/2012 of 10 February, when the amount of the invitation to tender does not exceed EUR 1,000,000, with derogation from the contracts referred to in paragraph 6.

6. The delegation of the Secretaries of State for Employment and Social Security, in the Senior Officer, of the exercise of powers in the field of employment, with the powers inherent in the contracting authority established in the existing rules, on projects and construction and repair works for buildings, where the amount of the invitation to tender does not exceed EUR 1,000,000.

7. The delegations for the exercise of powers laid down in the preceding paragraphs refer to contracts which are not of the competence of the Contracting Board of the Ministry of Employment and Social Security.

Article 2. Revocation of delegations of competences in the field of procurement.

1. The delegation of powers to the General Secretariat for Immigration and Emigration provided for in Article 3.3 of the ESS/619/2012 Order of 22 March, which is delegated and approved by the delegations for the exercise of powers in the Member States, is revoked. administrative bodies of the Ministry of Employment and Social Security and its public bodies.

2. The delegation of powers to the Under-Secretary for Employment and Social Security provided for in Article 4.3.a) and b) of the ESS/619/2012 Order of 22 March is hereby revoked.

3. The delegation of powers to the Director General of Migration provided for in Article 7.1.c of the ESS/619/2012 Order of 22 March is revoked.

4. The delegation of powers to the Directors of the Migration Centres provided for in Article 7.3.a of the ESS/619/2012 Order of 22 March is revoked.

5. The delegation of powers to the Deputy Directors-General for Information and Communication Technologies and Administrative Information and Publications provided for in Article 8.6 of the ESS/619/2012 Order of 22 March is hereby revoked.

6. The delegation of powers is revoked in the General Staff provided for in Article 8.7 (a) of the ESS/619/2012 Order of 22 March.

7. The delegation of powers to the Deputy Director-General for Financial Management provided for in Article 8.8.b of the ESS/619/2012 Order of 22 March is hereby revoked.

8. The delegation of powers to the members and heads of the Section for Employment and Social Security, as provided for in Article 8.9.b of the ESS/619/2012 Order of 22 March, is hereby revoked.

9. The delegation of powers to the Heads of the Provincial Labour and Social Security Inspections is revoked or, in those provinces where the Heads of the Provincial Inspections are organically dependent on the Administration of the The Autonomous Community, in the Adjunto Chiefs or, failing that, Heads of the Specialized Units of Social Security, provided for in Article 8.10.c) of the ESS/619/2012 Order, of March 22.

10. The delegation of powers of the Secretaries of State for Employment and Social Security, under the Under-Secretary for Employment and Social Security provided for in Article 10.2 of the ESS/619/2012 Order of 22 March, is hereby approved.

11. The delegation of powers of the Secretaries of State for Employment and Social Security is hereby approved in the Deputy Director-General for Financial Management provided for in Article 11.2 of the ESS/619/2012 Order of 22 March.

12. The delegation of powers of the Secretaries of State for Employment and Social Security, the Deputy Directors-General for Information and Communication Technologies and Administrative Information and Publications, and the Office for Official Publications of the European Communities, are hereby approved. in the General Staff, as provided for in Article 12 of the ESS/619/2012 Order of 22 March.

Single transient arrangement. Transitional arrangements.

1. The system of delegation of powers resulting from this order shall apply to the procurement files which are initiated after the entry into force of this order.

For these purposes, it is understood that the procurement files have been initiated if the relevant call for the contract award procedure has been published. In the case of negotiated procedures, the date of approval of the specifications shall be taken into account in determining the time of initiation.

2. The procedures for the procurement of services and supplies referred to in Article 7.3.a) of the ESS/619/2012 Order of 22 March, which are delegated and approved by the delegations for the exercise of powers in the administrative bodies of the The Ministry of Employment and Social Security and its public bodies, which shall begin within six months of the entry into force of this order, shall continue to be governed by the system of delegation of powers provided for in that provision.

3. In the case of contracts initiated prior to the entry into force of this order, the exercise of the powers shall be in accordance with the provisions of the ESS/619/2012 Order of 22 March, which delegates and approve the delegations. the exercise of powers in the administrative bodies of the Ministry of Employment and Social Security and its public bodies.

Single repeal provision. Regulatory repeal.

1. All provisions of the same or lower range are repealed as set out in this order.

2. The following provisions of the ESS/619/2012 Order of 22 March, which are delegated and approved by the delegations for the exercise of powers in the administrative bodies of the Ministry of Employment and Security, are hereby repealed. Social and its public bodies:

Article 3.3.

Article 4.3.a) and b).

Item 7.1.c).

Item 7.3.a).

Item 8.6.

Item 8.7.a).

Article 8.8.b).

Article 8.9.b).

Item 8.10.c).

Item 10.2.

Item 11.2

Article 12.

Single end disposition. Entry into force.

This order will take effect on March 1, 2014.

Madrid, 13 February 2014. -Minister for Employment and Social Security, Fatima Banez García.