He Article 326 of Law 9/2017, of November 8, on Public Sector Contracts, which transposes into the Spanish legal system the Directives of the European Parliament and of the Council 2014/23/UE and 2014/24/UE, of February 26, 2014, establish that the contracting bodies of the Public Administrations, except in the case in which the competence to contract corresponds to a Contracting Board, will be assisted, in the award procedures listed, by a Contracting Board, a specialized technical assistance body. The articles 21 and 22 of Royal Decree 817/2009, of May 8, which partially develops the Law 30/2007, of October 30, on Public Sector Contracts, regulates the composition and functions of the Contracting Boards.
He Article 323.2 LCSP establishes that in the autonomous organizations that are members of the state public sector, the contracting authority is the person who occupies the Presidency or Management.
The Resolution of October 6, 2008, of the Public State Employment Service, on the delegation of powers to the Agency’s administrative bodies (BOE number 247, of October 13), modified by the Resolution of November 4, 2009 (BOE number 283 , of November 24), attributed in its first section. seven powers delegated to the person who occupies the Provincial Directorate of the Agency in matters of General Administration, as well as the power to enter into contracts for works, services and supplies under the terms and with the limits indicated therein.
In view of the foregoing, in use of the powers conferred by delegation of the General Director of the State Public Employment Service, I order:
First. The permanent constitution of the Provincial Contracting Board of the Provincial Directorate of the Cuenca State Public Employment Service, as a collegiate advisory body of the contracting body with the functions assigned to it by the Public Sector Contracts Law.
Second. The Contracting Board will be made up of the following members:
- I) Presidency: the person who occupies the Provincial Sub-directorate of Economic Management and Services of the Cuenca State Public Employment Service, who will be replaced, in case of vacancy, absence or illness by the person who occupies the Provincial Sub-directorate of Benefits.
- II) vocal:
- a) A State Attorney, appointed by the State Attorney in Cuenca.
- b) One Comptroller of the Delegate Territorial Intervention of the Treasury and Public Administrations.
- c) A person in charge of Heritage at the Provincial Directorate.
- III) Secretary: the person in charge of the Economic Management Section who may be replaced in case of vacancy, absence or illness by an official from the Provincial Sub-directorate of Economic Management and Services.
- IV) Substitutions of the members attached to the Agency and of the Secretariat: in the event of a vacancy, absence or illness, they may be replaced by another civil servant or public employee within the scope of the Provincial Directorate designated by the Presidency of the Contracting Board.
Third. When the Contracting Committee deems it appropriate, officials or specialized advisers may join the meetings that are necessary according to the nature of the matters to be discussed, who will act with voice, but without vote.
Said assistance will be authorized by the contracting body and will be reflected in the file.
Room. In accordance with the provisions of section 6 of the Article 326 LCSP, the Contracting Board that intervenes in the simplified open procedures regulated in the Article 159 LCSP, it will be considered validly constituted if it is constituted by the president, the secretary and two members, one appointed by the Cuenca State Attorney and the other by the Territorial Intervention of Finance and Public Administrations.
Quinto. The Procurement Board of the Provincial Directorate of Cuenca, as a collegiate body, will be governed in its procedures, in addition to the specific regulations of administrative contracting, by what is established in section 3 of chapter II of the preliminary title of the Law 40/2015, of October 1, on the Legal Regime of the Public Sector.
This resolution will enter into force the day after its publication in the Official State Gazette.