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Pursuant to article 316 of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011, of 14 November, the ministerial departments may constitute a hiring boards that will act as contracting with quantitative or boundaries relating to characteristics of contracts that determine the own holder of the Department.
Next to this, the article 7 of the regulation General of the law of contracts of them administrations public, approved by Real Decree 1098 / 2001, of 12 of October, says that the Minister may attribute to them together of hiring them functions of programming and study of them needs of contracts to celebrate and any others that are related with the activity contractual in the field of them powers of the Ministry.
The approval of Royal Decree 453/2012, of 5 March, whereby the basic organizational structure of the Ministry of Justice develops and modifies Royal Decree 1887 / 2011, of 30 December, which establishes the basic organizational structure of the ministerial departments, established a new framework for the distribution of competencies between the different superior and managerial bodies of the Department. As a result of this new structure, the order JUS/2225 was issued/2012, 5 October, why are delegated powers of the Minister and approve delegations of powers of other bodies, order that, in its twenty sixth paragraph, abolished the Board of recruitment which up until then had been operating in the field of the Ministry of Justice. In addition, in this area, should consider that by decision of 22 October 2012, of the Department of Justice was the appointment of the members of the Bureau of contracts that the contracting authority would attend.
However, in these years of validity of the already mentioned Real Decree 453 / 2012, of 5 of March, and of the rest of standards cited, have gone emerging new needs that, in the interests of ensure it greater efficiency and transparency in the management of it recruitment of this Department, advise proceed again to the creation and regulation of it Board of recruitment in the field of the Ministry of Justice thus adapting the composition and functioning of the recruitment table.
This order has been the subject of report by the consultative meeting of administrative contracting of the Ministry of finance and public administration, in accordance with the first additional provision of the general regulation of the law of contracts of the administrations public, approved by Royal Decree 1098 / 2001 of 12 October.
In his virtue, to proposal of the Minister of Justice, with the approval prior of the Minister's Hacienda and administrations public, have: article 1. Object and scope of application.
1 is the subject of this order the creation and regulation of the Board of contracting and procurement of the Ministry of Justice table, attached both to the Undersecretary of the Department.
2. is excluded of the scope of performance of such bodies the recruitment of them agencies public attached to the Ministry of Justice.
Article 2. Functions of the Board of recruitment.
(1. the Board of recruitment will act as organ of contracting in relation to them following contracts: to) contracts of works of repair simple, restoration, rehabilitation and conservation and maintenance.
(b) contracts of provision referring to consumable goods or easy deterioration due to the use.
(c) contracts of service.
(d) contracts of supply and of services different of them attributed to the competition of it together with arrangement to them two lyrics earlier, even them co-financed with others departments, that affect to more than one body of recruitment.
2 are excluded from the scope of the Board contracts referred to in paragraph 1 of this article when the works, supplies or services have been declared of centralized procurement and under contracts.
3. the approval of records of procurement referred to in paragraph 1 of this article, does not include the approval of expenditure, which will correspond to the bodies with competence in this matter for each case.
(4. Besides them indicated in the paragraph previous, correspond to it Board of hiring them following functions: to) it programming general of it recruitment in the Department, for which them different organs managers must collaborate with the Board of recruitment providing information relative to plans and forecast of needs semi-annual, annual or multiannual.
(b) the monitoring and control of procurement carried out at the Department, in order to carry out an overall assessment of the results of each exercise. To these effects, is seek quarterly of them different bodies managers the information on preparation, award, formalization, execution, incidents and extinction of those contracts in that the Board of recruitment not act as organ of recruitment. Specific information that is sent on a quarterly basis on minor contracts and records of centralized acquisition will be subject to differential treatment.
(c) the preparation and dissemination of guidelines and recommendations on recruitment in the field of the Department.
(d) the elaboration, previous reports, standardized documents and models for the processing of the various forms of recruitment, and the formalisation of the work of the meeting of contracting.
(e) the annual evaluation of the results of the administrative contracting at the Ministry. To this effect, the meeting of Contracting will a report to the head of the Department.
(f) any other function that you attribute the holder of the Department related with the activity contract of the Ministry.
Article 3. Composition of the Board's hiring and regime of substitutions.
(1. it Board of recruitment of the Ministry of Justice will be composed by the following members: to) President: the holder of the Undersecretary of Justice.
(b) Vice President: the holder of the General Services and contracting.
(c) vocal: 1 a representative of the Ministry of Justice, with Deputy Director-General level or assimilated, appointed by the Minister to that proposal.
2 a representative of the Department with Deputy Director level or assimilated, appointed by the Minister to that proposal.
3rd a lawyer of the the advocacy of State in the Department.
4th a Comptroller of the intervention delegate in the Department.
(d) Secretary: the holder of the headquarter of Area of recruitment of the Subdirectorate General of hiring and services.
2. for the functions set forth in paragraph 1 of article 2 of this order, must be incorporated to the procurement Board, as vocal, with voice and vote, the representative of the governing body related to the record of engagement that is going to be treated, with rank of Assistant Director-General or assimilated, appointed by the President of the Board on the proposal of the holder of the appropriate governing body.
3. for the functions set forth in paragraph 4 of article 2 of this order, will be incorporated as a member of the Board of recruitment, with voice and vote, a representative of each Directorate-General, of the General technical secretariat, Cabinet of the Minister and of the legal profession General of the del service legal in the State. These representatives, with Deputy Director-General category or assimilated, they shall be appointed by the President of the Board on the proposal of the holder of the appropriate governing body. You must also attend, with voice and vote, the head of the budget Office.
4. at meetings of the Board of recruitment, if any of its members requires it, you can merge, as specialized consultants, officials who deemed necessary depending on the nature of the issues to be treated, which will act with voice but without vote.
5 in case of vacancy, absence or illness, members will be supplemented by the following: a) the President shall be replaced by the Vice President.
(b) the Vice-President shall be replaced by the owner of the enclosed General Subdirectorate of hiring and services.
(c) the controller delegate in the Department and the State Attorney in the Department will be replaced, respectively, by an auditor and a lawyer for the State designated according to fallback procedures established for such situations by the General intervention of the administration of the State and by the Abogacía General del of the service legal of the State.
(d) the members appointed by the proponent organ of the contract will be replaced by staff officer, with minimum of head or assimilated, range designated by that authority.
(e) the Secretary will be replaced by a head of the Subdirectorate General of procurement and services.
Article 4. Operation of the procurement Board.
1. the meeting of Contracting will meet by agreement of its Chairman or, in case of absence, by the Vice-Chairman, as thus it considers, based on the number and the importance of the issues to be treated and, in any case, once every three months.
2. the Board of recruitment is governed, as regards its operation, by it willing in this order, by them standards that could approve for itself same with character internal and chords with it legislation general for the best exercise of their functions and, in it not referred in these provisions, by the text consolidated of it law of contracts of the Sector public approved by Royal Legislative Decree 3/2011, of 14 November, by the Royal Decree 817/2009 of May 8, which is partially developed the law 30/2007, of October 30, of Public Sector contracts, and by the collected rules in title II, chapter II, of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.
3. to adopt the agreements referred to in paragraph 4 of article 2 of this order, as well as for the adoption of performance standards referred to in the preceding paragraph, it will be necessary that the contracting Board is constituted with at least two-thirds of its members, that the people who hold the offices of President and Secretary will necessarily include , or in his case, who they replaced.
4. the meeting of contracting may decide the Constitution of working groups which deems appropriate, both for the preparation of the documents that need to be studied and approved by it, as for analysis or assessment records that it deems appropriate.
5. the Board of hiring contents 14(bis) will provide them mechanisms that is deem more appropriate for ensure the coordination with others organs Collegiate of the Department, especially with the Commission Ministerial of Administration electronic.
Article 5. Recruitment table.
1. the table of recruitment shall exercise the functions established to the effect in the article 320 of the text consolidated of the law of contracts of the Sector public, approved by Real Decree legislative 3 / 2011, of 14 of November, as well as in the article 22 of the Real Decree 817 / 2009, of 8 of mayo, mentioned with previously.
2. the recruitment table will be composed of a President, a Secretary and four members.
(3. them members that, with character permanent, will make up the table of recruitment, are them following: to) President: the holder of the Subdirectorate General of hiring and services.
(b) vocal: A lawyer of the the advocacy of State at the Department, a Comptroller of the delegate intervention in the Department and two officers designated by the proposing body of the contract.
(c) Secretary: the owner of Headquarters Area of recruitment in the Subdirectorate General of services and contracting.
4 in case of vacancy, absence or illness, members will be supplemented by the following: a) the President shall be replaced by the Deputy General Director of services and contracting.
(b) the administrator delegate in the Department and the lawyer of the State in the Department will be replaced, respectively, by an administrator and a lawyer of the State designated according to them procedures of fallback established for these cases by the intervention General of the administration of the State and by the advocacy General of the del of the service legal of the State.
(c) the members appointed by the proponent organ of the contract will be replaced by personal official designated by that authority.
(d) the Secretary will be replaced by a head of the Subdirectorate General of procurement and services.
5. the performances of the table of recruitment as organ collegiate is governed by it established in the present order and in them articles 21 and 22 of the already cited Real Decree 817 / 2009, of 8 of mayo. Failing provisions in title II, chapter II, of the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure shall apply.
Sole additional provision.
The measures contained in this order are will attend with them means personal and materials existing in the Ministry of Justice and in no case may generate increase of expenditure public.
Sole transitional provision.
It Board of recruitment that is constitutes of conformity with this order, will be competent for the processing of them contracts whose records have been initiated, with previously, by the organ of hiring competent until it date with arrangement to it order JUS / 2225 / 2012, of 5 of October, by which is delegate powers of the Minister and is approve them delegations of skills of others organs.
Many provisions of equal or lower rank to oppose provisions of this order are repealed.
Available end only.
This order shall enter into force the day following its publication in the "Official Gazette".
Madrid, April 6, 2015.-the Minister of Justice, Rafael Catalá Polo.
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