According to article 316 of the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, the ministerial departments will be able to constitute Juntas Contracting parties shall act as a contracting authority with the quantitative limits or with regard to the characteristics of the contracts to be determined by the department's own holder.

In addition, Article 7 of the General Regulations of the Law on Public Administration Contracts, approved by Royal Decree 1098/2001 of 12 October, states that the Minister may attribute to the Contracting Boards the programming and study functions of the needs of contracts to be concluded and any other functions related to the contractual activity in the field of the Ministry's competences.

The approval of Royal Decree 453/2012, of 5 March, for which the basic organic structure of the Ministry of Justice is developed and amended by Royal Decree 1887/2011 of 30 December 2011 establishing the the basic organic structure of the ministerial departments, established a new framework for the distribution of competences between the different higher bodies and managers of the Department. As a result of this new structure, Order JUS/2225/2012 of 5 October, which delegated powers to the Minister and approved the delegations of powers of other bodies, Order which, in its section twenty-sixth, was adopted, I would like to say that I am very much in the position of the Committee on Legal Affairs. In addition, in this area, it is to be considered that, by Resolution of 22 October 2012, the Deputy Secretary for Justice proceeded to appoint the members of the Bureau of Procurement who would attend the contracting authority.

However, in these years of validity of the aforementioned Royal Decree 453/2012 of 5 March, and of the other aforementioned rules, new needs have been emerging which, in order to guarantee the greatest efficiency and transparency in the Management of the contracting of this Department, they advise to proceed again to the creation and regulation of the Board of Procurement in the field of the Ministry of Justice, adapting accordingly the composition and functioning of the Bureau procurement.

This order has been the subject of a report by the Advisory Board of Administrative Contracting of the Ministry of Finance and Public Administrations, in accordance with the additional provision of the General Regulation of the Law of Public Administration contracts, approved by Royal Decree 1098/2001 of 12 October.

In its virtue, on the proposal of the Minister of Justice, with the prior approval of the Minister of Finance and Public Administrations, I have:

Article 1. Object and scope of application.

1. The purpose of this order is the creation and regulation of the Board of Directors and the Bureau of the Ministry of Justice, both of which are attached to the Secretariat of the Department.

2. The procurement of public bodies attached to the Ministry of Justice is excluded from the scope of these bodies.

Article 2. Functions of the Board of Directors.

1. The contracting authority shall act as a contracting authority in relation to the following contracts:

a) Contracts for simple repair, restoration, rehabilitation, and maintenance and maintenance.

b) Supply contracts that relate to consumable or easy to use goods.

c) Service contracts.

(d) Supply and service contracts other than those attributed to the Board's competence under the two preceding letters, including those co-financed with other departments, affecting more than one organ of the procurement.

2. The contracts referred to in paragraph 1 of this Article shall be excluded from the scope of the Board's action where the works, supplies or services have been declared as centralised procurement and minor contracts.

3. The approval of the procurement files referred to in paragraph 1 of this Article does not include the approval of expenditure, which shall be the responsibility of the bodies with competence in this area for each case.

4. In addition to those referred to in the previous paragraph, the following tasks shall be assigned to the Board:

a) The overall programming of the procurement in the Department, for which the different management bodies will have to collaborate with the Board of Procurement providing information regarding plans and forecast of needs semi-annual, annual or multi-annual.

b) The monitoring and control of the procurement performed at the Department, in order to carry out a comprehensive assessment of the results of each financial year. For these purposes, information on the preparation, award, formalisation, implementation, impact and extinction of contracts in which the contracting authority does not act as an organ shall be collected on a quarterly basis from the various management bodies. (a) Specific information that is to be sent on a quarterly basis on minor contracts and centralised procurement files shall be treated differently.

c) The elaboration and dissemination of guidelines and recommendations on procurement within the Department.

(d) The preparation of standard documents and models for the processing of the different procurement procedures, and for the formalisation of the work of the Board of Procurement, prior to the corresponding reports.

e) The annual evaluation of the results of the administrative procurement in the Ministry. For these purposes, the Board of Procurement shall report to the Department holder.

f) Any other function attributed to him by the holder of the Department related to the contractual activity of the Ministry.

Article 3. Composition of the Board of Procurement and the supply regime.

1. The contracting authority of the Ministry of Justice shall be composed of the following members:

(a) President: The holder of the Subsecretariat of Justice.

b) Vice-President: The holder of the General Subdirectorate of Contracting and Services.

c) Vocals:

1. A representative of the Secretariat of State of Justice, with the level of Deputy Director General or assimilated, appointed by the Minister on the proposal of the Minister.

2. A representative of the Sub-Secretariat with the level of Subdirector or assimilated, appointed by the Minister on the proposal of the Secretariat.

3. A State Advocate for State of the State in the Department.

4. A Controller of the Delegate Intervention in the Department.

(d) Secretary: The Head of the Contracting Area Head of the Contracting and Services Subdirectorate General.

2. For the tasks referred to in Article 2 (1) of this order, the representative of the management body related to the procurement file to be employed shall be incorporated in the Board of Procurement with voice and vote. to be treated, with a category of Subdirector General or assimilated, appointed by the Chairman of the Board on a proposal from the holder of the relevant management body.

3. For the tasks referred to in Article 2 (4) of this order, a representative of each Directorate-General, of the Technical General Secretariat, of the Cabinet of the Minister, shall be incorporated as a voice of the Board of Recruitment, with voice and vote. The General Counsel of the State-Directorate of the State Legal Service. Those representatives, with a category of Deputy Director General or assimilated, shall be appointed by the Chairman of the Board on a proposal from the holder of the relevant management body. The Head of the Budget Office shall also be present, with voice and vote.

4. The meetings of the Board of Directors, if required by any of its members, may be incorporated, as specialized advisers, by the officials who are necessary in accordance with the nature of the matters to be dealt with, voice but no vote.

5. In the case of vacancy, absence or illness, the members shall be replaced by the following:

(a) The President shall be replaced by the Vice-Chair.

(b) The Vice-Chair shall be replaced by the holder of the Deputy General Secretariat of Contracting and Services.

(c) The Financial Controller in the Department and the State Advocate in the Department shall be replaced, respectively, by an Interventor and an Attorney of the State appointed in accordance with the supply procedures established for these cases by the General Intervention of the State Administration and by the General Counsel of the State-Directorate of the State Legal Service.

(d) The vowels appointed by the proposing organ of the contract shall be replaced by official staff, with the minimum rank of Head of Area or assimilated, appointed by that body.

e) The Secretary shall be replaced by a Head of Service of the General Subdirectorate of Contracting and Services.

Article 4. Operation of the Board of Procurement.

1. The Board of Procurement shall meet by agreement of its chairman or, if the latter is absent, by the Vice-Chair, provided that he so considers, in accordance with the number and importance of the matters to be dealt with and, in any event, once every three years. months.

2. The Board of Procurement shall be governed, in respect of its operation, by the provisions of this order, by the rules which it may approve for itself on an internal basis and in accordance with the general law for the best performance of its tasks and, in the non-contemplated in these provisions, by the recused text of the Law of Public Sector Contracts, approved by Royal Legislative Decree 3/2011, of 14 November, by Royal Decree 817/2009, of 8 May, for which it is partially developed Law 30/2007, of October 30, of Contracts of the Public Sector, and by the precepts collected in the Title II, Chapter II, of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure.

3. In order to adopt the agreements referred to in Article 2 (4) of this order, as well as for the approval of the operating rules referred to in the preceding paragraph, it shall be necessary for the Contracting Board to be constituted with, less, two-thirds of its members, including those who are necessarily the persons holding the office of president and secretary, or, where appropriate, those who replace them.

4. The Board of Recruitment may decide to set up the working groups it considers appropriate, both for the preparation of the documents to be studied and approved by it, and for the analysis or assessment of the dossiers which considers appropriate.

5. The Board of Procurement shall arbitrate mechanisms deemed to be most appropriate to ensure coordination with other collegiate bodies of the Department, in particular with the Ministerial Committee on Electronic Management.

Article 5. Hiring table.

1. The Bureau of Procurement shall exercise the functions established for the purpose in Article 320 of the recast of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, as well as in Article 22 of the Royal Decree Decree 817/2009 of 8 May, mentioned above.

2. The recruitment bureau shall be composed of a president, a secretary and four members.

3. The members who, on a permanent basis, shall make up the recruitment bureau, are as follows:

(a) President: The holder of the General Subdirectorate of Contracting and Services.

b) Vocals: A State Advocate of State of the State in the Department, a Controller of the Intervention Delegate in the Department and two officials appointed by the contract's proposing organ.

(c) Secretary: The Head of the Contracting Area Head of the General Contracting and Services Subdirectorate.

4. In the case of vacancy, absence or illness, the members shall be replaced by the following:

(a) The President shall be replaced by the Deputy Director General of Contracting and Services.

(b) The Financial Controller in the Department and the State Advocate in the Department shall be replaced, respectively, by an Interventor and an Attorney of the State appointed in accordance with the supply procedures established for these cases by the General Intervention of the State Administration and by the General Counsel of the State-Directorate of the State Legal Service.

(c) The vowels appointed by the proposing organ of the contract shall be replaced by official staff appointed by that body.

(d) The Secretary shall be replaced by a Head of Service of the General Subdirectorate of Contracting and Services.

5. The actions of the contracting authority as a collegiate body shall be governed by the provisions of this order and in Articles 21 and 22 of the aforementioned Royal Decree 817/2009 of 8 May. The provisions of Title II, Chapter II, of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure shall apply.

Single additional disposition.

The measures contained in this order will be dealt with with the personal and material resources existing in the Ministry of Justice, and under no circumstances will they be able to generate an increase in public expenditure.

Single transient disposition.

The Board of Procurement, which is established in accordance with this order, shall be competent for the processing of contracts whose files have previously been initiated by the competent contracting authority up to the the date in accordance with Order JUS/2225/2012 of 5 October for which the Minister's powers are delegated and the delegations of powers of other bodies are approved.

Repeal provision.

All provisions of equal or lower rank are repealed as set forth in this Order.

Single end disposition.

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

Madrid, April 6, 2015. -Minister of Justice Rafael Catala Polo.