The Board of Directors of the Enterprise Public Infrastructure Manager (ADIF), at its meeting on 26 June 2009, adopted the agreement set out in the Annex to this Resolution, which lays down the composition and functions of the Contracting Bureau for contracts falling within the scope of its competence, leaving no effect and, consequently, replacing the agreement of the Management Board of 25 February 2005 with the provided for the composition and functions of the Contracting Bureau, as well as the agreement of the Council of Administration of 28 April 2006, amending the first paragraph of the agreement of the Board of Directors dated 25 February 2005.

In accordance with the provisions of Article 13.4 of Royal Decree 2395/2004 of 30 December 2004 on the Statute of the business public entity Administrator of Railway Infrastructures, and in Article 21 Royal Decree 817/2009 of 8 May, partial development of Law 30/2007 of 30 October, of Public Sector Contracts, proceeds the publication of the said Agreement in the "Official Gazette of the State".

Madrid, July 15, 2009. -General Secretariat Infrastructures, Inmaculada Rodríguez-Pinero Fernández.

ANNEX

Agreement of 26 June 2009, of the Board of Directors of the Enterprise Public Entity for Railway Infrastructures, establishing the composition and functions of the Board of Directors for the contracts from the scope of your competence

Law 39/2003 of 17 November of the Railway Sector in Article 20 states that ' The administration of railway infrastructure and, where appropriate, its construction shall be within the scope of the competition state, a business public entity attached to the Ministry of Public Works, which will have its own legal personality, full capacity to act and its own patrimony and will be governed by the provisions of this Law, in Law 6/1997, of April 14, Organisation and functioning of the General Administration of the State, in its own Statute and in other rules that apply to you. "

Article 22 (3) (b) of Law 39/2003, as amended by the fifth additional provision of Law 30/2007 of 30 October of Public Sector Contracts, provides that ' The railway infrastructure manager shall process the procurement files relating to the construction or modification of the railway infrastructure and shall be competent to select the contractor to whom the performance of the contract is entrusted, adjusting its activity to the rules established for the Public Administrations in the Law of Contracts of the Sector Public. "

On the other hand, Article 21 of Royal Decree 817/2009, of 8 May, of partial development of Law 30/2007, of 30 October, of Contracts of the Public Sector, provides that " The contracting authorities of public administrations be assisted in the procedures of open, restricted and negotiated award with advertising, by a table of contracting that will be competent for the valuation of the offers ". The Bureau shall be composed of a President, a Registrar and at least four members who are determined to be regulated. The members of the Bureau shall be appointed by the relevant contracting authority on a permanent basis or for the award of a particular contract or contracts. If the designation is permanent or for a plurality of contracts, the composition of the Board of Recruitment shall be published in the "Official State Gazette" and in the Contracting Profile. If, for the award of a particular contract or certain contracts, the composition of the Bureau is to be made on a specific basis, it is necessary for its composition to be published in the Contracting Profile, at least seven days. prior to the meeting for the opening of the envelopes for the administrative documentation.

In accordance with the provisions of Article 16.1 (h) of the Statute of the Enterprise Public Entity for Railway Infrastructure, approved by Royal Decree 2395/2004 of 30 December 2004, to the Council of It is for the entity's administration to act as a contracting authority on contracts the amount of which exceeds the amount it requires, in accordance with Article 292.1.a) of Law 30/2007, of 30 June 1997. October, the Public Sector Contracts, the authorization of the same by the Council of Ministers and in the which have a lower amount if you consider it appropriate.

On the basis of the forecast contained in Article 16.1 (h) of the Staff Regulations referred to above, the Management Board, in session held on 11 January 2005, adopted the Agreement on the basis of which it deemed it appropriate to act as a body of procurement for contracts with an amount of more than EUR 6,000,000,00 (EUR 5,172,413,79 VAT not included).

As a result, the Board of Directors currently holds the powers as the contracting authority, in respect of all contracts concluded by the Entity, the amount of which exceeds EUR 6,000,000.00. (EUR 5,172,413.79, VAT not included).

With regard to those contracts in which this Board of Directors has the power to act as a contracting authority, the competence for the adoption of this Resolution is determined by the aforementioned. Article 16.1 (h) of the Staff Regulations.

By virtue of how much has been exposed, the following agreement is adopted:

First. -Establishing, on a permanent basis, the basic composition of the Board of Directors of the Railway Infrastructure Manager, for contracts in the field of competence of the Board of Directors, compliance with the following:

President: The head of the Directorate responsible for the procurement and purchases of the Directorate General that would have promoted the conclusion of the contract. If the contract has been promoted by a Directorate-General or an equivalent body which does not have a Purchasing and Procurement Directorate, it shall act as Chairman of the Contracting Bureau, the Director of Purchasing and Contracting of the Directorate-General Financial and Control Economic.

Four Vowels:

Two Vowels to be appointed by the Directorate General that has promoted the conclusion of the contract.

A Vocal who will be a Bachelor of Law, appointed by the Assistant Board of Legal Counsel.

A Delegate, of the General Intervention of the State Administration, in the Railway Infrastructure Manager.

Secretary: A technician, or similar or higher level of staff, from the Directorate responsible for the procurement, from the Directorate-General that would have promoted the conclusion of the contract. If the contract has been promoted by a Directorate-General or an equivalent body, which does not have a Purchasing and Procurement Directorate, it shall act as the Secretary of the Contracting Bureau, a technical or senior staff appointed by the Office. Director of Purchasing and Contracting of the Financial and Control Economic Directorate-General.

In case of vacancy, absence or illness, when any of the cases provided for in Articles 28 and 29 of Law 30/1992, of November 26, or other legal cause that prevents the President from attending the Table of Contracting, is present, This shall be provided by the person, at the level of head or head, designated by the Directorate responsible for recruitment, the Directorate-General who has promoted the conclusion of the contract, or, where appropriate, when the Presidency of the Bureau corresponds to the Directorate for Purchasing and Procurement, of the Financial and Control Directorate-General, a person, with a head or higher level designated by that Address.

When the circumstances set out prevent the Secretary-General from attending the Recruitment Bureau, the person of the Directorate to which the Presidency of the Bureau corresponds, who has at least the same category as he is appointed by the head of the appointment; where appropriate, when the Presidency of the Bureau corresponds to the Purchasing and Contracting Directorate, the Financial and Control Directorate-General, a person, with an equivalent level of Titular Secretary, designated by that Directorate.

The designation of the Vocals will be carried out by the bodies with competence for this, after the reception of the call of the corresponding Recruitment Table.

Second. The Recruitment Board will participate by the exercise of the functions that are recognized in Article 22 of Royal Decree 817/2009 of May 8, in respect of all those contracts that celebrate ADIF through open, restricted and negotiated procedures with advertising and which, in accordance with the provisions of Article 13 of the Staff Regulations, are subject to Law 30/2007.

Also, in open and restricted procedures, as set out in Article 27 of Royal Decree 817/2009, the envelopes corresponding to the documentation relating to the criteria for which the weighting depends on a value judgment shall be be opened by the Contracting Board in public act, and then provide the documentation to the body responsible for its assessment, leaving a documentary record of what has been done.

Third.-In negotiated procedures without advertising, initiated for the award of contracts subject to Law 30/2007, the contracting authority may, if it considers it appropriate, be assisted by the Recruitment Bureau, their constitution is not mandatory. In such a case, the provisions of this Agreement shall apply to it.

Fourth. This agreement leaves no effect:

Agreement of the Board of Directors of the business public entity Administrator of Railway Infrastructures, dated February 25, 2005, establishing the composition and functions of the Recruitment Board.

Agreement of the Management Board of the business public entity Administrator of Railway Infrastructure, dated 28 April 2006, amending the first paragraph of the Agreement of the Management Board of the business public entity Administrator of Railway Infrastructures, dated 25 February 2005, establishing the composition and functions of the Recruitment Bureau.

It is also proposed to agree to the publication of this agreement in the "Official State Gazette" and in the entity's Contracting Profile.