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Order Def/244/2014, On 10 February, By Which Powers Are Delegated In Contracts, Technical Agreements And Other Onerous Legal Businesses In The Field Of The Ministry Of Defence.

Original Language Title: Orden DEF/244/2014, de 10 de febrero, por la que se delegan facultades en materia de contratos, acuerdos técnicos y otros negocios jurídicos onerosos en el ámbito del Ministerio de Defensa.

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TEXT

According to the provisions of Royal Decree 1011/2013, of December 20, of deconcentration of powers in matters of contracts, technical agreements and other onerous legal businesses, in the field of the Ministry of Defense, a essential part of the competences that as contracting authorities of the General Administration of the State correspond to the Minister of Defense and the Secretary of State of Defense have been deconcentrated in the organs that develop the policy department.

Since the said Royal Decree determines the reservation of some of the competences included within its scope and that it does not include all that in matters of contracting correspond to the cited authorities, it is necessary the delegation of the same shall be approved so that they are ultimately exercised by the bodies responsible for directing and controlling the principal contractual activities of the department.

On the other hand, a fundamental guideline of the Royal Decree mentioned above is that the purchases are managed with criteria of efficiency and efficiency, contemplating the needs in a global way. In order to promote the process of transformation of the contracting organization in this sense, it is necessary to delegate the disconcentrated and not reserved faculties in organs that have due specialization and with personnel that know and use the best hiring practices.

Therefore, this ministerial order develops the lines of action described in the following paragraphs.

First, to concentrate on the Secretary of State of Defense, as responsible for the direction, impulse and management of the economic policy, according to Royal Decree 454/2012, of 5 March, for which the structure is developed The Ministry of Defence's basic organic sector, the contractual powers that determine the unit of criterion in contractual management. To this end, the powers relating to the establishment of models of specific administrative clauses are delegated to the said authority, the order to proceed which gives rise to the most relevant files and the authorisation of the holders of the Autonomous bodies for the conclusion of high value contracts.

Secondly, strengthen the competencies of the Director General of Economic Affairs, with regard to the elaboration and coordination of the rules on procurement procedures and the control of their compliance. For this reason, the powers to set criteria and to issue instructions and orders of service on recruitment and on the conclusion of contracts, technical agreements and onerous legal businesses in the field of employment are delegated to that authority. Department, and it is designated as the Price Authority of the Ministry of Defense, granting it the power to approve, both the rates applicable to the ones that are granted to the entities assigned to the department as own means and service technical, such as the unit costs of the companies providing goods and services or participating in Defense programs.

These lines of action give rise to a more limited, specialized and homogeneous structure of contracting authorities than the current one, since it is based on the principles of administrative rationalization, efficiency and efficiency, enabling that a contracting authority implements the decisions taken by the different authorities which are competent in its field of action to determine what to buy, when it has to be purchased, what its operational or functional requirements are and which financial resources should finance it, but doing so more effectively and obtaining economies of scale, by concentrating multiple homogeneous needs on the same contract.

For all of the above, it is necessary to enact a new ministerial order of delegation of powers in the field of procurement, adapted to the guidelines marked by Royal Decree 1011/2013, of December 20, cited above.

Consequently, and in use of the powers conferred on me by the final provision of the aforementioned Royal Decree 1011/2013, of December 20, I have:

Article 1. Purpose.

This ministerial order is intended to delegate the powers to the Minister and the Secretary of State that have not been disconcentrated in Royal Decree 1011/2013, of 20 December, and to approve the delegations proposed by the unconcentrated authorities of Article 2 of the royal decree.

Article 2. Delegation of the Minister.

The Minister delegates:

1. In the Secretary of State for Defence the following powers:

(a) Authorizing the legal representatives of the autonomous organizations, in accordance with the provisions of article 317.5 of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011, of 14 November, the conclusion of contracts exceeding the amount set out in the first provision of this ministerial order.

(b) Resolve the remedies against acts and agreements that do not end the administrative route and are not included in the special appeal defined in Article 40 of the recast of the Law on Public Sector Contracts, adopted by the contracting authorities in the exercise of the functions unconcentrated in Royal Decree 1011/2013 of 20 December 2013, as well as by the authorities in which such functions have been delegated.

(c) Dictate the Order of Proceder, resolution of the Secretary of State where the contract is authorized, of the files included in Article 3.2.1 of Royal Decree 1011/2013, of December 20, deconcentration.

(d) Establish models of specifications for particular administrative clauses and contract formalisation documents for certain categories of contracts of a similar nature.

e) To conclude contracts with other governments, in application of the provisions of Article 6 of Law 12/2012 of 26 December, of urgent measures to liberalize trade and certain services, except for their formalization, when considering the foreign authority, his signature corresponds to the Minister.

(f) Celebrate the contracts and agreements referred to in Article 1 (h) of the Article. 4 of the recast text of the Public Sector Contracts Act.

g) Celebrate the conventions referred to in Article 4 (1) of the recast text of the Public Sector Contracts Act.

h) Approve the provisions for centralizing the management and contracting in the Secretariat of State of the Programs of Armament and Material referred to the transitional provision 2nd of the Royal Decree 1011/2013, of 20 December of the deconcentration of powers, the management of which will be carried out by the General Directorate of Armament and Material.

2. In the following authorities, the powers that are indicated, relating to the recruitment abroad which is attributed to the Minister of Defence, in accordance with the additional provision of the text of the recast of the Law of Public Sector Contracts and paragraphs 1 (e) of Article 7 and 2 of Article 9 of Law 24/2011 of 1 August of Public Sector Contracts in the fields of Defense and Security:

(a) In the heads of the economic bodies that support the Armed Forces deployed outside the national territory, up to an amount equal to or less than EUR 600,000.

(b) In the respective Directors of Economic Affairs and in the Head of the Head of Economic Administration of the Defence Staff, up to an amount equal to or less than EUR 2,000,000, in their fields.

c) In the Deputy Director General of Economic Management of the Directorate General for Economic Affairs, for the rest, without limit of amount and for the scope of the Department.

Article 3. Delegation of the Minister and the Secretary of State.

The Minister and the Secretary of State for Defence, in the field of their competences, delegate the following powers:

1. In the Director-General for Economic Affairs:

(a) The ability to set criteria and dictate instructions and orders of service on hiring, management orders, technical agreements and onerous legal business at the Department's level.

(b) The option provided for in Article 3 (2) (d) of Royal Decree 1011/2013 of 20 December 2013 in respect of the approval of the fees of entities having regard to their own means or services and are assigned to the Department for the purposes provided for in Article 24.6 of the recast of the Law on Public Sector Contracts.

(c) The option set out in Article 3 (2) (e) of Royal Decree 1011/2013 of 20 December 2013 on the approval, after agreement with the undertakings, of the hourly costs and the other unit costs of the its lines of activity or processes, to be used to assess the costs of the benefits covered by the contracts and the business referred to in Article 1 of that Royal Decree, when they are awarded by the negotiated procedure or through dialogue competitive.

2. In the Deputy Director General of Economic Services and Pagadurias, the contracts intended to be carried out by the Department's advertising campaigns.

3. In the Head of the Economic Area of the General Directorate of Armament and Material.

(a) Legal contracts and businesses to exploit technologies and other incorporated properties obtained as a result of R & D programs, within the Department.

(b) Technical agreements concluded with other Governments or International Organizations, including the Memoranda of Understanding (MOU, s), relating to R & D and armaments and material, except for their formalization, when considering the foreign authorities that sign them corresponds to another authority of the Department, without prejudice to the competences that correspond to the General Directorate of Defense Policy.

(c) Contracts held by the Ministry of Defense, in the name and representation of a foreign government, pursuant to Title II of Law 12/2012 of 26 December, and in accordance with the provisions of the corresponding contract between the Governments.

d) The sale of movable and defense products covered by Royal Decree 1638/1999 of 22 October, which regulates the disposal of movable and defense products in the Ministry of Defense, in the Department scope.

(e) Contracts, legal businesses and technical agreements corresponding to the Armament and Material Programs whose recruitment is centralized at the Secretariat of State, referred to in the second transitional provision of the Royal Decree 1011/2013, of 20 December of deconcentration of contractual powers.

(f) Contracts which, under the name of execution orders, order orders or similar orders, are derived from the conventions referred to in Article 4.1.e) of the recast text of the Public Sector Contracts Act, where they correspond to armament and material programmes managed by the General Directorate of Armament and Material.

4. In the Head of the Economic and Financial Section of the Directorate-General for Infrastructure, the technical agreements concluded with other Governments or International Organizations, including the Memoranda of Understanding (MOU, s), relating to infrastructure and to CIS/TIC, except for its formalisation, when in consideration the foreign authorities that sign them correspond to another authority of the Department, without prejudice to the competences that correspond to the General Direction Defense Policy.

5. In the Chief of the Chief of the Economic Administration of the General Staff of Defense, in his field:

(a) Contracts relating to the intelligence and counterintelligence referred to in Article 7 (1) (c) of Law 24/2011 of 1 August of public sector contracts in the fields of defence and security.

(b) Technical agreements concluded with other Governments or International Organizations, including the Memoranda of Understanding (MOU, s), not delegated to other authorities, except their formalization, when in (a) the foreign authorities which sign them shall be taken into account by another authority of the Department, without prejudice to the powers of the Directorate-General for Defence Policy.

6. In the Deputy Director General of Economic Management, in the Head of the Economic Area of the General Directorate of Armament and Material and in the Chief of the Economic and Financial Section of the Directorate-General for Infrastructure, in their fields of competence:

(a) Contracts, technical agreements and other legal business related to R & D.

(b) Contracts, technical agreements and other legal businesses that have funding or pre-financing from other Ministries or National Public Bodies.

c) Public works concession and utility management contracts.

d) Partnership contracts between the public sector and the private sector.

7. In the Deputy Director General of Economic Management and in the Directors of Economic Affairs of the Armies and the Navy, in their fields, the technical agreements concluded with other Governments or International Organizations, among which are including the Memoranda of Understanding (MOU, s), not delegated to other authorities, except their formalisation, when in consideration the foreign authorities that sign them correspond to another authority of the Department, without prejudice to the powers corresponding to the Directorate-General for Defence Policy.

Article 4. Delegation of the authorities with unconcentrated powers.

According to the provisions of the additional provision of Royal Decree 1011/2013 of 20 December 2013, the following delegations of powers are approved, on the proposal of the authorities with disconcentric powers that are listed in Article 2 of that Royal Decree:

1. The Director-General for Economic Affairs, in the authorities listed below, the conclusion of contracts, technical agreements and other legal businesses which are financed by the appropriations which are indicated for each of them, in their fields of competence and without limitation of value:

a. The Deputy Director-General for Economic Management, in respect of the appropriations allocated to the Secretary of State of Defense, except those indicated in paragraphs b, c, d, and e.

b. The Head of the Economic Area of the General Directorate of Armament and Material, in respect of the credits assigned to the General Directorate of Armament and Material.

c. The Head of the Economic and Financial Section of the Directorate-General for Infrastructure, in respect of the appropriations allocated to the Directorate-General for Infrastructure.

d. The Chief of Economic Administration of the Military Fourth of S.M. the King and Royal Guard, with respect to the credits assigned to the Fourth Military of S.M. the King and Royal Guard.

e. The Head of the Economic Affairs Section of the Military Emergency Unit, in respect of the appropriations allocated to the Military Emergency Unit.

f. The Deputy Director-General for Economic Services and Pagadurias, with respect to the appropriations allocated to Budget Service 01, except those allocated to the General Health Inspectorate.

g. The Head of Economic Administration of the General Inspection of Health, in respect of the appropriations allocated to the General Inspection of Defence Health.

2. The Director of Economic Affairs of the Army of Land, in the following authorities, the conclusion of contracts, technical agreements and other legal businesses, in the fields and with the limits indicated:

a. In the Head of the JAE of the Army Logistics Support Command in the field of the Army of the Earth and without limit of value:

1. Contracts to be concluded with other governments and international bodies to purchase goods and services, including the so-called Foreign Military Sales (FMS).

2. Those contracts that can only be executed by foreign companies.

3. Contracts and other legal businesses that finance other governments or international bodies, regardless of the time the funding takes place.

4. Contracts which, under the name of execution orders, order orders or similar orders, are derived from the conventions referred to in Article 4.1.e) of the recast text of the Public Sector Contracts Act, except those corresponding to the weapons and material programs managed by the General Directorate of Armament and Material.

5. Swap contracts and those to which Article 294 of the recast text of the Public Sector Contracts Act applies.

b. The following are:

1. Requiring Order from Proceed.

2. The conclusion of any framework agreement for which the scope is authorized to be its Army, the Armed Forces or the MINISDEF.

They are delegated without limit, in:

a. The Chief of the Army Logistics Support Command JAE.

b. The Head of the Head of Economic Affairs Intrend (JIAE) Centre.

c. The Head of the South JIAE.

d. The Head of the JIAE East.

e. The Head of the JIAE West.

They are delegated, in their scope and the amount of which is equal to or less than 1,500,000 euros, in:

a. The Head of the Economic Affairs Section (SAECO) of the Head of Information and Technical Assistance Systems.

b. The Head of the SAECO of the Infrastructure Directorate.

c. The other powers, including contracts arising from the framework agreements of Article 4.2.b.2, in the bodies indicated, in their field, except those delegated to the preceding paragraphs and paragraphs, in:

1. No Amount Limit:

a. The Head of the Logistics Support Command JAE.

b. The Head of the Operational Logistics Force JAE.

c. The Head of the JAE of the Canary Islands Command.

d. The Head of the Ground Force Command JAE.

e. The Head of the Staff Command JAE.

f. The Head of the JAE of the Army's General Inspectorate.

g. The Head of the JAE of the Training and Doctrine Command.

h. The Head of the High Availability Ground Headquarters JAE.

i. The Head of the JIAE Centre.

j. The Head of the South JIAE.

k. The Head of the JIAE East.

l. The Head of the West JIEA.

m. The Chief of the General Staff JAE.

2. º For amount equal to or less than 1,500,000 euros:

a. The Head of the Economic Affairs Section (SAECO) of the Head of Information and Technical Assistance Systems.

b. The Head of the SAECO of the Infrastructure Directorate.

3. º For amount equal to or less than 1,000,000 euros:

a. Head of the JAE of the General Command of Ceuta.

b. Head of the JAE of the General Command of Melilla.

c. Head of the SAECO of the Military General Academy.

d. Head of the SAECO of the Army War School.

e. Head of the SAECO of the Light Forces Headquarters.

f. Chief gives the SAECO of the Heavy Forces Headquarters.

g. Head of the Park SAECO and Helicopter Maintenance Center.

h. Head of the SAECO of the Park and Center for Maintenance of Sealed Systems No. 2.

i. Head of the SAECO of the Park and Center for the Maintenance of Anti-Air Systems, Coast and Missile.

j. Head of the SAECO of the Park and Center for Maintenance of Armament and Artillery Material.

k. Head of the Park SAECO and Engineering Material Maintenance Center.

l. Head of the SAECO of the Park and Vehicle Maintenance Center Rueda n. º 1.

m. Head of the SAECO of the Park and the Center for the Maintenance of Vehicles Wheel No. 2.

n. Head of the SAECO of the Park and Center for Supply of Intrend Material.

3. The Director of Economic Affairs of the Navy, in the authorities listed below, the conclusion of contracts, technical agreements and other legal businesses, in the fields and with the limits indicated:

a. In the Head of the Recruitment Unit of the Directorate for Supply and Transport of the Logistics Support Headquarters, in the field of the Navy:

1. Contracts to be concluded with other governments and international bodies to purchase goods and services, including the so-called Foreign Military Sales (FMS).

2. Those contracts that can only be executed by foreign companies.

3. Contracts and other legal businesses that finance other governments or international bodies, regardless of the time the funding takes place.

4. Swap contracts and those to which Article 294 of the recast text of the Public Sector Contracts Act applies.

b. The following are:

1. Requiring Order from Proceed.

2. The conclusion of any framework agreement for which the scope is authorized to be its Army, the Armed Forces or the MINISDEF.

They are delegated, with no limit of value, to:

a. Head of the Recruitment Unit of the Directorate for Supply and Transport of the Logistics Support Headquarters,

b. Mayor of Madrid.

c. The other powers, including contracts arising from the framework agreements of Article 4.3.b.2, in the bodies referred to above, in their field except those delegated to the preceding paragraphs and paragraphs, in their field and without limit of value, in:

a. Head of the Recruitment Unit of the Directorate for Supply and Transport of the Logistics Support Headquarters.

b. Mayor of Madrid.

c. Ferrol's Mayor.

d. Mayor of Cartagena.

e. Mayor of San Fernando.

f. Mayor of Rota.

g. Mayor of Las Palmas.

4. The Director of Economic Affairs of the Air Force, in the authorities listed below, the conclusion of the contracts, technical agreements and other legal businesses, in the fields of competence and with the limits indicate:

a. In the Head of the Contracting and Economic Management Unit of the Logistics Support Command, in the field of the Air Force:

1. Contracts to be concluded with other governments and international bodies to purchase goods and services, including the so-called Foreign Military Sales (FMS).

2. Those contracts that can only be executed by foreign companies.

3. Contracts and other legal businesses that finance other governments or international bodies, regardless of the time the funding takes place.

4. Contracts which, under the name of execution orders, order orders or similar orders, are derived from the conventions referred to in Article 4.1.e) of the recast text of the Public Sector Contracts Act, except those corresponding to the weapons and material programs managed by the General Directorate of Armament and Material.

5. Swap contracts and those to which Article 294 of the recast text of the Public Sector Contracts Act applies.

b. The following are:

1. Requiring Order from Proceed.

2. The conclusion of any framework agreement for which the scope is authorized to be its Army, the Armed Forces or the MINISDEF.

They are delegated, with no limit of value, to:

a. The Head of the Contracting and Economic Management Unit of the Logistics Support Command.

b. The Head of the Economic and Administrative Management Section of the Economic Affairs Directorate:

c. The other powers, including contracts arising from the framework agreements of Article 4.4.b.2 in the following bodies, other than those delegated to the preceding paragraphs and paragraphs, in their field and without limit of value:

a. The Contracting and Economic Management Unit of the Logistics Support Command.

b. The Head of the Economic and Administrative Management Section of the Economic Affairs Directorate.

c. The Chief of the Economic-Administrative Section (SEA) of the Board of the Air Waterquaring of Tablada.

d. The Head of the SEA of the Air Command Headquarters of the Canary Islands.

e. The Head of the SEA of the Air Force Headquarters Grouping.

f. The Head of the SEA at the General Air Command Headquarters.

g. The Head of SEA at the Torrejon Air Base.

h. The Head of SEA at the Albacete Air Base.

i. The Head of SEA at Moron Air Base.

j. The Head of SEA at the Zaragoza Air Base.

k. The Head of SEA at Getafe Air Base.

l. The Head of SEA at the San Javier Air Base.

m. The Head of the SEA of the Military Aerodrome of Leon.

n. The Head of SEA at the Matacan Air Base (Salamanca).

or. The Head of SEA at Son San Juan Air Base.

p. The Head of SEA at the Air Base Four Winds.

5. The institutions, management bodies and the economic and financial bodies referred to in this article correspond to the current organic and budgetary structure, so, in the event of variation, they will be understood as referring to the bodies responsible for the functions of the current and the equivalent budget structure.

6. It shall be understood that they are assigned to the authorities or centres and bodies referred to in this Article, both the appropriations which initially appear in the centres of responsibility for expenditure, and those which may make available to them any authority.

Article 5. Rules on delegation.

1. The delegated authorities, with the limitations that are expressed in each case, within the scope of their powers and with the appropriations made available to them to finance contracts, are set up in contracting authorities. These authorities shall exercise both the powers of approval of expenditure and those of their commitment; continuing in force for the remainder of the stages of the implementation of the expenditure procedure, the provisions contained in the ministerial orders of delegation of expenditure.

2. The amount limitations set out in this Order shall be construed as referring to the estimated value of the contracts, in the terms set out in Article 88 of the recast of the Public Sector Contracts Act.

3. In the resolutions adopted by the authorities delegated by the Minister, the Secretary of State, and authorities with unconcentrated powers, this circumstance will be indicated with express summons of this ministerial order.

4. The delegating bodies may endorse any matter covered by this ministerial order, by means of the procedure laid down in Article 14 of Law No 30/1992 of 26 November 1992, of the Legal Regime of the General Administration and of the Common Administrative Procedure.

Article 6. Pricing authority at the Ministry of Defense.

The Director-General of Economic Affairs, Ministry of Defense pricing authority is hereby appointed for the following purposes:

1. Those resulting from the delegation of powers delegated to Article 3 (1).

2. The elaboration of the instructions of the Secretary of State of Defense, when they are referred to the analysis of costs and prices in the field of the Ministry of Defense.

3. Those arising out of memoranda of understanding and other technical agreements of an international nature in which reference is made to the national price authority or established that the prices of the activities or benefits of undertakings Spain participating in international cooperation programmes shall be established or approved in accordance with national practices and standards.

Additional disposition first. The amount from which the holders of the autonomous bodies attached to the Ministry of Defense require authorization to contract.

In accordance with the provisions of Article 317 (5) of the recast of the Law on Public Sector Contracts, the amount for the authorisation in the amount of EUR 2,000,000 is fixed.

Additional provision second. Adequacy of the delegation of powers of the autonomous bodies.

To ensure that the contracting structure in the Ministry of Defense maintains a unit of criterion and doctrine, the holders of the autonomous organizations attached to the Ministry of Defense, which currently have delegates Contracting authorities in the organs of the Armies and central organ shall update them in coordination with the Secretary of State of Defense.

Single transient arrangement. Recruitment files started.

At the date of entry into force of this ministerial order, the contracting authorities created by delegation shall assume the contractual powers of the procurement files which have been initiated by them in accordance with the scope of your new competence.

Single repeal provision. Repeal of provisions.

1. The following provisions are repealed:

(a) Order DEF/3389/2010, of 28 December 2010, of delegation of powers in the field of the Ministry of Defence.

(b) Order DEF477/2011 of 16 February 2011 amending Order DEF/3389/2010 of 28 December 2010 for the delegation of powers in the field of the Ministry of Defence.

c) Final provision of the first order of DEF/2021/2011, of July 13, which regulates the centralized procurement and changes the composition and competencies of the Contracting Boards of the Ministry of Defense, of the State Major Defence and Armies, for which a new wording is given to paragraph (b) of Article 2 of Order DEF/3389/2010, of 28 December 2010, of delegation of powers in the field of the Ministry of Defence.

(d) Order DEF/3512/2011 of 28 November amending Order DEF/3389/2010 of 28 December 2010 for the delegation of powers in the field of the Ministry of Defence.

2. Similarly, all provisions of equal or lower rank shall be contrary to the provisions of this ministerial order.

Single end disposition. Entry into force.

This Ministerial Order shall enter into force on the day following its publication.

Madrid, 10 February 2014.-The Minister of Defence, Pedro Morenes Eulate.