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Resolution Of May 14, 2012, The Museo Nacional Centro De Arte Reina Sofia, Which Is The Table Of Permanent Hiring Of The Agency.

Original Language Title: Resolución de 14 de mayo de 2012, del Museo Nacional Centro de Arte Reina Sofía, por la que se constituye la Mesa de Contratación Permanente del Organismo.

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TEXT

Following the entry into force of Law 34/2011 of 4 October, a regulator of the Museo Nacional Centro de Arte Reina Sofía, the Museum has become a public body of those provided for in the additional tenth of the Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State, with its own legal personality and full capacity to act publicly and privately for the fulfillment of its purposes.

In the field of procurement, and in accordance with the provisions of Article 18 of Law 34/2011, it shall be governed by the provisions of the law on public sector contracts, without prejudice to the peculiarities of the legal system. For the commercial activities of the Museum in which it will apply the rules provided for in the Royal Legislative Decree 3/2011, of 14 November, for which the Recast Text of the Law of Public Sector Contracts is approved, for the contracts of contracting authorities which do not have the status of public administration.

The new nature of the body advises the constitution, in accordance with the provisions of Article 320 of the Recast Text of the Law on Public Sector Contracts, of a Permanent Recruitment Table in the Museum that assists the contracting authority in the open and restricted procedures and in the procedures negotiated with publicity referred to in Article 177.1 of that law. 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.

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 that if a contracting table is appointed with permanent character, or are assigned functions for a plurality of contracts, their composition is published in the "Official State Gazette".

In its virtue, I resolve:

First. Establishment of the permanent contracting authority and powers.

1. It is the Permanent Recruitment Table of the Museo Nacional Centro de Arte Reina Sofía.

2. The Permanent Recruitment Bureau shall act in the cases provided for in Article 320 of the recast of the Law on Public Sector Contracts and its implementing rules.

Second. Composition of the Permanent Recruitment Bureau.

1. The Permanent Recruitment Bureau shall be composed of the following members:

(a) President: The Deputy Managing Director, who may be replaced in the event of absence, vacancy or illness by the Deputy Director, and, failing that, by the senior member, seniority and age, by this order, from among his or her components.

b) Vocals:

-An Advocate of the State of the Legal Service of the Ministry of Education, Culture and Sport.

-The Interventor Delegate in the Body.

-The Head of the Economic Area, which may be supplied in case of absence, vacancy or illness by a person responsible for a category equal to or above the Head of Service.

-The Head of the Management Support Unit, which may be supplied in case of absence, vacancy or illness by a person responsible for a category equal to or above the Head of Service.

(c) Secretary: A person who provides his services in the contracting authority with a category equal to or greater than the Head of Section, who shall have a voice and no vote, and may be supplied in the event of absence, vacancy or illness by a responsible for the same or higher category.

2. If the Presidency of the Bureau so requires, and without prejudice to the provisions of Article 320 of the Recast Text of the Law on Public Sector Contracts, when the uniqueness of the contract so advises, the Bureau meetings may be held be incorporated with the necessary specialist officials or advisers, who will act with a voice but without a vote.

Third. Legal status of the permanent contracting bureau.

1. The Permanent Contracting Bureau shall meet in those cases where the Chair is convened, in the light of the procurement files to be known and which, in accordance with this resolution, require its intervention.

2. For the valid constitution of the Bureau the absolute majority of its members must be present, and in any case the President, the Secretary, the State Advocate and the appointed Controller.

3. The Permanent Contracting Bureau shall be governed, in respect of its operation, by this Resolution, by the Royal Legislative Decree 3/2011 of 14 November, approving the recast of the Law on Public Sector Contracts, by Royal Decree 817/2009, of 8 May, for which the Law 30/2007, of 30 October, of Contracts of the Public Sector is partially developed, as well as by Law 30/1992, of 26 November, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure.

Fourth. Effects.

This resolution shall take effect on the day following that of its publication in the "Official State Gazette".

Madrid, May 14, 2012. -President of the Museo Nacional Centro de Arte Reina Sofía, José Ignacio Wert Ortega.