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Resolution 320/38019/2015, On 27 February, The General Sub-Directorate Of Armament And Materiel Procurement, Which Is The Table Of Permanent Hiring.

Original Language Title: Resolución 320/38019/2015, de 27 de febrero, de la Subdirección General de Adquisiciones de Armamento y Material, por la que se constituye la mesa de contratación permanente.

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TEXT

By Resolution 320/38065/2002, of 26 April, the Bureau of Recruitment of the General Directorate of Armament and Material was established on a permanent basis, to assist the contracting authority Director General of Armament and Material. The aforementioned Resolution, following the entry into force of Royal Decree 1011/2013, of 20 December 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 of the Order DEF/244/2014, of 10 February, whereby powers are delegated in respect of contracts, technical agreements and other onerous legal businesses in the field of the Ministry of Defence, has ceased to have effects, as the Director is not established General of Armament and Material in contracting authority.

Royal Decree 524/2014 of 20 June, amending Royal Decree 454/2012 of 5 March, for which the basic organic structure of the Ministry of Defence is developed, modifies the structure of the Directorate-General of Armament and Material, creating the General Subdirection of Armament and Material Acquisitions.

According to the order of 10 February 2014, as amended by Order DEF/140/2015 of 13 January 2015, Article 3 (3) and (6) and Article 4 (1) (b), the holder of the General Subdirectorate for Procurement Armaments and Material is constituted as contracting authority of the General Directorate of Armament and Material.

Article 320 of the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, states that in open and restricted procedures and procedures The contracting authorities of the public authorities shall be assisted by a contracting bureau, which shall be the body responsible for the assessment of tenders. In negotiated procedures where no notice of invitation to tender is necessary, the establishment of the Bureau shall be of the powers of the contracting authority.

The aforementioned article of the recast text of the Law on Public Sector Contracts, in paragraph 3, provides that the members of the Bureau shall be appointed by the contracting authority.

On the other hand, Article 21.4 of Royal Decree 817/2009 of 8 May, for which the Law 30/2007, of 30 October, of Public Sector Contracts is partially developed, requires the publication in the "Official Gazette of the State", whether it is a permanent contracting table or is assigned functions for a plurality of contracts.

For the purpose of the above, and in the exercise of the delegated powers granted to me by the aforementioned Order DEF/244/2014, I hereby resolve:

First.

The Contracting Bureau of the General Subdirectorate of Armament and Material Procurement of the General Directorate of Armament and Material of the Ministry of Defense is constituted on a permanent basis, with the functions that Article 320 of the Royal Legislative Decree 3/2011, dated 14 November, approving the recast of the Law on Public Sector Contracts, and Royal Decree 817/2009 of 8 May, which partially develops the Law 30/2007, of October 30, of Public Sector Contracts.

Second. Composition.

President: The Head of the National Recruitment Area of the General Subdirectorate of Armament and Material Procurement. It may be replaced in the case of absence, vacancy or illness by the Head of the International Contracting Area or the Head of the Budget, Accounting and Finance Unit of the same Subdirection.

Vocals:

a) A representative of the General Subdirectorate of Armament and Material Procurement. (b) A representative of the General Directorate of Armament and Material related to the promotion of the procurement file.

c) A representative of the Military Legal Body.

d) A representative of the Military Intervention Corps.

Secretary: A representative of the General Subdirection of Armament Procurement and Designated Material to the effect.

Third. Organization and operation:

The actions of the Board of Contracting as a collegiate body shall be governed by the provisions of this resolution and in Articles 21 and 22 of Royal Decree 817/2009 of 8 May, for which the Law is partially developed 30/2007, of October 30, of Public Sector Contracts. As a collegiate body, it shall be governed by its procedures, in addition to the specific rules on administrative procurement, as laid down in Title II of Chapter II of Law No 30/1992 of 26 November 1992 on the legal framework of the Public administrations and the Common Administrative Procedure.

To the meetings of the Bureau, and at the request of the president of the Bureau, the specialized advisors may be incorporated as necessary, according to the nature of the matters to be dealt with, which will act with a voice but without a vote.

Fourth. Entry into force:

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

Madrid, February 27, 2015. -Deputy Director General of Armament and Material Procurement of the Ministry of Defense, Diego García Bernabéu.