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Order Def/1501/2015, 22 July, Amending The Order Def/2021/2011, Of 13 July, Which Regulates The Procurement Centralized In The Ministry Of Defence And Modifies The Composition And Powers Of Boards Due At Signing...

Original Language Title: Orden DEF/1501/2015, de 22 de julio, por la que se modifica la Orden DEF/2021/2011, de 13 de julio, por la que se regula la contrataciĆ³n centralizada en el Ministerio de Defensa y se modifica la composiciĆ³n y competencias de las Juntas de Contrataci...

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The experience gained since the adoption of Order DEF/2021/2011 of 13 July, which regulates centralised procurement and changes the composition and competencies of the Board of Contracting of the Ministry of Defense, Defense and Military Staff, and the implementation of the Annual Centralized Acquisition Plans elaborated to date, the impetus given by this Ministry to the centralized procurement procedures, the the emergence of new centralizing bodies in the General Administration of the State and the increase in The number and complexity of the files dealt with by the Boards makes it necessary to speed up and clarify their procedures, as well as to define their composition and the mechanisms necessary for their constitution.

The publication of Royal Decree 1011/2013 of 20 December 2013, of deconcentration of powers in the field of contracts, technical agreements and other onerous legal businesses, in the field of the Ministry of Defense and the Order DEF/244/2014, of 10 February, for which powers are delegated in the field of contracts, technical agreements and other onerous legal businesses in the field of the Ministry of Defense, has assumed a breakthrough in the path of centralization and rationalization of the procurement in the Department.

Article 316.4 of the recast of the Law on Public Sector Contracts, approved by the Royal Legislative Decree 3/2011 of 14 November, states that in the ministerial departments, Juntas de Contracts, which shall act as contracting authorities, with the quantitative limits or concerning the characteristics of contracts to be determined by the head of the department, in the contracts referred to in that paragraph. It also provides that the composition of the Contracting Boards shall be determined in accordance with the rules.

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

Single item. Amendment of Order DEF/2021/2011 of 13 July, regulating centralised procurement and amending the composition and powers of the Board of Directors of the Ministry of Defence, the General Staff of Defence and the Ministry of Defence Armies.

Order DEF/2021/2011, of July 13, which regulates the centralized procurement and changes the composition and competencies of the Board of Directors of the Ministry of Defense, the General Staff of Defense and the Armies, amended as follows:

One. Article 5 is worded as follows:

" Article 5. Authorisation for the delegation of powers.

1. The Contracting Boards may delegate the power to conclude contracts based on the framework agreements in which they act as contracting authorities, in those contracting authorities of the Ministry of Defence with powers in the subject matter of contract.

2. The Contracting Boards may delegate to the President the power to formalize the contracts and modifications, with the authorization of the Boards to formalize any other document. "

Two. Article 6 is worded as follows:

" Article 6. Operation of the Recruitment Boards.

1. The Contracting Boards may exercise their functions and powers in full or on a permanent basis. The plenary session of each Board shall be composed of all the members referred to in the respective paragraphs of Article 2.

The standing committee of each of the Boards shall be composed of the following members of those referred to in Article 2:

(a) The Vice President of the Board, who will perform the duties of President.

b) Two Vocals, among the rest of the same named per shift.

c) The Vocal of the corresponding Legal Counsel.

d) The Vocal of the corresponding Intervention.

e) The Secretary of the Board concerned

The turn of the two vowels will be established on a quarterly basis and following the order for which they are appointed in Article 2, being communicated this turn by the Secretariat of the Board to each vowel. However, if it is necessary, because it is a specific issue or why some of the members would like to attend the meetings outside their turn, the latter will be able to attend the meetings, communicating it with due notice to the Secretariat of the Board.

2. The Board shall be constituted in full at least for the following actions:

a) Order of Start of the procurement files

b) Public Acts, except for the supplier conferences, which, if any, could be performed.

c) Award of files.

d) Total or partial modifications, interpretations, and resolutions.

e) Resolution of the possible resources.

f) Person assignment and contract assignment.

g) Extensions.

h) Those of which the President should be aware of the plenary session.

i) Modification of the operating rules of the Board in accordance with paragraph 5.

3. For the remainder of the acts, the standing committee may be convened, in accordance with the rules of procedure of each Board.

4. For the acts referred to in paragraph 2, the Board shall meet individually for each dossier, drawing up independent minutes which shall contain at least the model set out in the model in the Annex. The remaining proceedings may be aggregated in a single call with their corresponding minutes.

5. The Contracting Boards shall be governed, in respect of their operation, by the provisions of this order, by the rules that are dictated in application of this ministerial order and the organization of the hiring in the Department and by the rules that may approve for the best practice of its functions for the best practice and, as far as is not covered by these provisions, by the rules which are generally applicable in the development of the recast of the Law of Contracts of the Public Sector, approved by the Royal Legislative Decree 3/2011 of 14 November, and by the precepts collected, for the collegiate bodies, in Title II of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

In order to approve the operating rules referred to in the preceding paragraph, it shall be necessary for the Board of Directors to be chaired by its President or, where appropriate, the Vice-President, and shall consist of at least two-thirds of the its members, by adopting the agreements by a majority of the votes validly cast. "

Three. A paragraph (c) is added to Article 8 with the following wording:

"(c) Alternate vowels shall be of general or official official status."

Four. The following paragraphs are added at the end of Article 10:

" The Secretary of State of Defense may authorize contracting out of the scope of the Annual Centralized Recruitment Plan (PACC) in those cases that are strictly necessary in order to maintain the continuity of service or supply. In particular, in cases where the PACC provides for a centralised framework or contract agreement to enter into force on a given date, and no such provision could be made for any vicissitude.

In the same way, in the event that a derivative contract has been extinguished, by full compliance or resolution, without new contracts arising from the framework agreement, either in the lot or in the relevant field, the The Secretary of State may authorise the conclusion of contracts beyond the scope of the PCA.

Applications for authorisation shall be accompanied by a supporting document indicating the reasons why the procurement is necessary outside the scope of the PCA, as well as the amount and the proposed maximum time limit. for these contracts. These authorisations do not imply the modification of the PACC. The procurement resulting from these authorisations shall be in accordance with the terms contained therein. '

Five. An annex is added with the content attached to this ministerial order.

Single end disposition. Entry into force.

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

Madrid, July 22, 2015. -Minister of Defense Pedro Morenes Eulate.

ANNEX

Minutes Model

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