Published on 9 May, Royal Decree 947/1984 on the deconcentration of powers in the field of procurement, in which the Chief of the Department is empowered to issue the orders that are necessary for the first time. the development of the system, and the most efficient and agile system that allows the Minister to know and authorize those procurement files which, due to their importance so they advise, is required to be determined:

1. Rules of application of the Royal Decree

Article 1. The contracting authorities shall continue to assume responsibility for the processing of the procurement files which have been entrusted to them by the competent contracting authority.

Art. 2 In the case of contracts in which the power of approval is not concentrated, the initiative of its processing shall correspond to the authority in which the concentration has fallen, and must be credited to the same persons who are included. on scheduled expenses. That authority is also empowered to agree on the declaration of urgency in the cases provided for in the law on State contracts.

Art. 3. The files for the contracts referred to in Article 3 (1) of Royal Decree 947/1984 shall be initiated in order to be approved by the Minister or by the authority in which the Minister has delegated, in which the managing body is to be determined. the processing of the file must be carried out. The resolution or resolutions shall also be expressed in the document referred to by the Minister or delegated authority for the knowledge and approval of those delegated to it in Title II of this Order.

For these purposes, the organs responsible for the works to be carried out and supplies to be purchased, the contracting of which corresponds to the Minister of Defense, shall send him, through the corresponding office of each Headquarters or Directorate General a proposal for an order to proceed, accompanied by supporting evidence of programmed expenditure, as well as a brief reference of the object of the work or supply. This referral will be carried out through the Ministry of Defence's Deputy General Procurement Directorate.

In the same way, we will proceed with those orders to proceed, whose procurement records are to be authorized by the Council of Ministers. Where the powers to recruit are not concentrated, in order for the Minister to be aware of the initiation of the file and the amount thereof, a copy of that document shall be sent to him.

The orders to proceed, once approved by the Minister or the authority in which the Minister is delegated, shall be returned to the body to carry out the processing of the file by the General Subdirectorate of Contracting through the office of each Headquarters or the Procurement Subdirectorate of the General Directorate of Armament and Material or the Directorate-General for Infrastructure.

Art. 4. In cases where the recruitment is to be authorised by the Council of Ministers and those which are dealt with by the Ministry's Deputy Director General, the legal brief shall be carried out by the Advisory Committee. Legal General of the Ministry of Defense and the audit of the expenditure exerted by the General Intervention of the State of the State when it does not correspond to the General Intervention of the Ministry of Defense.

In the remaining files, both actions will be carried out by the Legal Assassins and Interventions of the Contracting Bodies to approve them, either by virtue of disconcentric or delegated powers.

Art. 5. The Ministry of Defence's Deputy General Contracting Directorate, within the shortest possible time, shall carry out the following actions:

(a) Cursara through the Director-General to the authorization of the Minister or of the deconcentrated organs or delegates who possess such power the orders to proceed from the files which, pursuant to Royal Decree 947/1984, require such authorisation, as well as the application for approval of unscheduled expenses, provided for in that Royal Decree.

(b) In cases where the Minister does not reserve his or her treatment, he shall forward the order of approval to the management body to deal with the case. In such a document, the Minister shall seek the resolution he deems necessary (approval of expenditure and award or any of them).

(c) It will be the case for the Ministry's own recruitment files, as well as those which, because of their particular importance or because they affect the three Armies, the Ministers agree on the relevant order to proceed.

(d) They shall pass on to the General Legal Counsel and the General Intervention of the Ministry or the General Intervention of the State Administration the files that so require in accordance with the provisions of the Corresponding article of Royal Decree 947/1984 and in this order.

e) Prepare and submit, through the Director-General, the authorization of the Minister or the delegated bodies to the approvals of the expenditure and awards referred to in Article 3, 2, of Royal Decree 947/1984.

(f) In the case of files to be approved by the Council of Ministers, the Council of Ministers shall follow up the dossiers for the earliest processing.

Also, in cases where there is an ilsubpoena in this class of files, it will be sent to the Agency to carry out the same, referring, with the proposal corresponding to the Minister for In accordance with Article 2 (2) of Royal Decree 947 /1984.Tramitara, the Court of Justice has also, after having referred to the General Legal Counsel for its mandatory opinion, the appeals against the decisions of the procurement.

Art. 8. The award shall be made by the contracting authority in delegated functions and shall be responsible for the performance of the contract.

In any case, the contracting authority shall be in permanent contact with the services to which the contracted works or ministers correspond.

Art. 7. In those acquisitions of war material which are carried out by direct procurement pursuant to Royal Decree 947/1984, in which their importance and circumstances so require, before carrying out the processing of the (a) the contracting authority shall, depending on the contracting authority with the delegated powers concerned, constitute an advisory committee on the negotiation to be carried out, in which the General Headquarters shall be represented; the acquisition, the technical Vocals that are accurate, the representatives appointed by the Directorate-General for Armament and Material a Legal Adviser, an Interventor and a representative of the management body responsible for dealing with the case, acting as Registrar.

The Commission may designate among its members the representatives it deems necessary to be part of the Commission which negotiates the industrial compensation and the other conditions to be laid down for the authorization of the main contract. This second Commission will always be in the Directorate-General for Arms and Material.

In any case, the Minister is reserved for the authorization to sign letters of intent, or commitments prior to the approval of the contract, as a result of the negotiation carried out, which for any reason could condition the subsequent resolution of the same.

Art, 8. Where acquisitions and works the use of which corresponds to several exercises are to be carried out, the processing of the procurement file shall be carried out in the General Secretariat of the Ministry. Armament and Material or the General Directorate of Infrastructure, depending on the nature of the contract, provided that this is determined in the relevant order, in accordance with the requirements of this Order.

Art. 9. The files for processing, the authorization of which is to be approved by the Council of Ministers, by the managing body of the Council and through the office concerned of each General Headquarters or Directorate-General shall be sent to the immediately prior to the report by the General Legal Adviser, of the documents of administrative clauses, bases or projects of replacement contracts of the same, to the Secretary of State of the Defense for processing through the Sub-Directorate-General for Contracting, in accordance with Article 4. of this Order and the subsequent resolution of the Council of Ministers.

Art 10. Contracting authorities with disconcentric or delegated powers shall state in the decisions that they make use of such powers, with the express mention of the provision which has been granted to them, as well as the Official of the State, in which they were published.

II. Delegation of powers

Art, 11. It is delegated to the contracting authorities, as referred to in Article 1. of Royal Decree 947/1984, the contracting authority which the Minister reserves in Article 3., 1, with the exception of the order to proceed, which in any case shall be authorized by the holder of the Department or by the authority delegated to him Article 12 of this Order.

However, in any state of the handling of the file, the Minister may, in order to obtain the resolution or resolutions of the various stages of the file that he considers appropriate

obtain the

Art. 12. The Secretary of State for Defence has expressly delegated to the Secretary of State the authorization to proceed with the files relating to the matters referred to in Article 3. 1, of the Royal Decree of Disconcentration, as well as the ability to obtain the knowledge and resolution of the various stages of the files which are dealt with by the contracting authorities, by virtue of the delegation given in the previous article. The authorization to hire the Autonomous Bodies in the cases provided for in the Law on Contracts of the State and its Rules of Procedure is also delegated to the aforementioned authority.

Art. 13 It is delegated to the President of the Supreme Council of Military Justice, to the Director of the Army Superior School and to the Directors-General who do not have assigned disconcentric faculties of hiring by Royal Decree 947/1984, 9 May the powers referred to in Article 2. they are indicated in respect of the amounts which are assigned to the works or acquisitions by the budget.

Art. 14. Having been repealed, pursuant to the repeal of the Royal Decree of deconcentration, the totality of the previously existing delegations in the field of administrative procurement in the Armed Forces, as soon as possible from the date of entry into force of this order, the contracting authorities with unconcentrated powers referred to in Article 1. of the Royal Decree of Disconcentration, will send to the Ministry of Defense, through their respective Chief of Staff or their Cabinet, the proposals of delegations of faculties that they consider suitable for the best development of the contracting within its scope to be published with the requirements laid down in the current Law of Legal Regime of the State Administration.

FINAL PROVISIONS

First. -In accordance with the provisions of the final provision of the third of the Order of 30 May 1978, the General Headquarters shall appoint the supporting body and office to maintain direct relations with the Subdirectorate. General of Contracting of the Ministry of Defense, for which the processing of the procurement files in which it is appropriate to know or to authorize the Minister or the Council of Ministers, according to the provisions of the Royal Decree, will be channeled of deconcentration and of this Order.

In the same way, the General Contracting Subdirectorate will be the body that maintains the permanent communication with the General Headquarters, Directorates-General and authorities with deconcentrated powers.

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

Madrid. June 13, 1984. -SERRA SERRA