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The experience gained since the adoption of the order DEF/2021/2011, of 13 July, which regulates the centralized procurement and modifies the composition and competencies of the Board of recruitment of the Ministry of defence, the State of the defence and armies, and the application of centralized acquisition annual plans prepared to date the impetus given by this Ministry to the procedures of centralized procurement, the emergence of new organisms centralization in the General Administration of the State and the increase in the number and complexity of the files kept by the boards, makes it necessary to streamline and clarify its procedures, as well as to define its composition and the necessary mechanisms for its Constitution.
The publication of the Real Decree 1011 / 2013, of 20 of December, of deconcentration of powers in matter of contracts, agreements technical and others business legal onerous, in the field of the Ministry of Defense and of the order DEF / 244 / 2014, of 10 of February, by which is delegated powers in matter of contracts, agreements technical and others business legal onerous in the field of the Ministry of Defense It has meant a step forward on the path of centralization and rationalization of procurement in the Department.
Article 316.4 of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, provides that boards of hiring, which act as contracting authorities, with the quantitative or limits concerning the characteristics of contracts that the holder of the Department determines may constitute in the ministerial departments , in the contracts that relates the concerned section. Also sets the composition of boards of recruitment shall be fixed by regulation.
By virtue, with the mandatory report of the consultative meeting of administrative contracting and with the prior approval of the Minister of finance and public administration, have: single article. Modification of the order DEF / 2021 / 2011, of 13 of July, by which is regulates it recruitment centralized and is modifies the composition and skills of it Board of recruitment of the Ministry of Defense, of the State greater of the defense and of them armies.
It order DEF / 2021 / 2011, of 13 of July, by which is regulates it recruitment centralized and is modifies it composition and skills of it Board of recruitment of the Ministry of Defense, of the State greater of the defense and of them armies, is modified as follows: one. The article 5 is worded in the following terms: «article 5.» Authorization for the delegation of powers.
1. them together of recruitment may delegate the Faculty of celebrate them contracts based in them agreements framework in which them same act as organs of recruitment, in those organs of recruitment of the Ministry of Defense with competencies in them materials object of contract.
2. the boards of hiring may delegate President faculty entering into contracts and amendments, the authorization of the joints being necessary to formalize document.»
Two. The article 6 is worded as follows: «article 6.» Operation of hiring boards.
1. the boards of hiring may exercise its functions and competencies through full or Standing Committee. The plenary of each meeting will be composed by all members mentioned in the respective paragraphs of article 2.
(The Commission permanent of each an of them together will be composed by them following members of them designated in the article 2: to) the Vice President of the Board corresponding, that shall exercise the functions of President.
b) two vowels, among the rest of them appointed by turn.
(c) the voice of the Advisory legal corresponding.
(d) the voice of the intervention appropriate.
(e) the Secretary of the Board of two members turn, be established in a quarterly basis and following the order by which are named in article 2, being told this turn each vowel by the Secretary of the Board. However, and if outside necessary, by treat is some theme specific or by that some of them vocal would like to attend to them meetings out of its shift, this may attend to them same, communicating it with it due advance to the Secretariat of the Board.
2 necessarily Board will be constituted in plenary, at a minimum, to the following actions: a) order of contracting b) acts public records, with the exception of conferences of suppliers, which in his case, could be.
(c) award of the records.
(d) modifications, interpretations and total or partial resolutions.
(e) resolution of possible resources.
(f) succession of person and assignment of contracts.
(h) those that, upon consideration of the President should have the full knowledge.
(i) amendment of the rules of functioning of the Board in accordance with paragraph 5.
3. for the rest of the acts they may meet the Standing Committee, in accordance with the rules of internal workings of each Board.
4. for the actions referred to in paragraph 2 will meet the Board of individually for each record, producing independent records which shall contain as a minimum as indicated in the model in the annex. The rest of the pending proceedings may accumulate in a single call with their corresponding certificate.
5. the boards of hiring shall be subject, with regard to its functioning, as provided in this order, by the rules handed down in application of this ministerial order and organization of procurement in the Department and standards that could be adopted for themselves with internal character for the better performance of its functions, and in not contemplated in these provisions by rules that generally applicable in development of the text revised for the law of the contracts of the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, and by the precepts collected, for the colleges, in the title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
«For approve them standards of operation to is refers the paragraph previous, will be necessary that it Board of recruitment is presided over by its President or, in his case, the Vice President, and constituted by at least two thirds of their members, adopting them agreements by most of them votes validly issued.»
3. (Is adds a paragraph c) to the article 8 with the following wording: «(c) those vocal alternate will have category of official general u official».
Four. Are added to the end of article 10, the following paragraphs: "the Secretary of State of defense may authorize the hiring out of reach of the annual Plan of centralized procurement (PACC) in those cases that are strictly necessary, in order to maintain the continuity of the service or supply. In particular, in those cases in which the PACC provides for an agreement or contract centralized should come into force on such a date, and not been able to be carried out this forecast by any vicissitude.
Similarly, where a derivative contract is extinguished, by compliance with total or resolution, without that new agreement contracts be held framework, either in batch or in the corresponding field, the Secretary of State may authorize contracts outside the scope of the PACC.
Them requests of authorization must come accompanied of a memory supporting that indicate them reasons by which is necessary the contracting out of the reach of the PACC, as well as its amount and the term maximum proposed for these contracts. These authorizations does not imply the modification of the PACC. «The hires derived of these authorizations must adjust is to them terms contained in the same.»
5. Is adds an annex with the content that is attached to this order ministerial.
Sole final provision. Entry in force.
The present order ministerial will enter in force the day following to the of your publication in the «Bulletin official of the State».
Madrid, 22 of July of 2015.-the Minister of defence, Pedro Morenés Eulate.
ANNEX model of records
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