The recused text of the Public Sector Contracts Law, approved by the Royal Legislative Decree 3/2011 of 14 November, provides in Article 320 that, except in the case where the competition to hire corresponds to a Contracting Board, the contracting authorities shall be assisted by a contracting bureau, which shall be the body responsible for the assessment of the tenders in the open and restricted procedures and in the procedures negotiated with advertising referred to in Article 177.1 of the same legal text. It also determines the structure and composition of the bureau, as well as the requirements to be met by each of its members. Article 321 of the same text sets out the members of this body in the cases in which the special table for competitive dialogue is to be established.

The current Royal Decree 817/2009, of May 8, which partially develops Law 30/2007, of October 30, of Public Sector Contracts, now repealed by the new Law of Public Sector Contracts, has in its Articles 21, 22 and 23, respectively, the composition and functions of the contracting parties and the competitive dialogue table, and, in the first place, the obligation to publish their composition in the "Bulletin" is also established. State officer ", if it is a permanent table or is assigned functions for a plurality of contracts.

The National Institute of Social Security has regulated these matters by Resolution of the Directorate General of 20 March 2012 establishing the composition and functions of the recruitment tables in the Central and peripheral services. This resolution, which has so far been in force, contains certain paragraphs which are not exactly in line with the current distribution of staff, and it is therefore considered appropriate to repeal it and to implement a new resolution adapted to the reality of work, based on reasons of effectiveness and efficiency of its constitution.

Consequently, this Directorate-General, in accordance with the provisions of Article 320.3 of the recast of the Law on Public Sector Contracts, as a contracting authority of the National Security Institute Social, resolves:

First.

In application of the provisions of Article 21.4 of Royal Decree 817/2009 of 8 May, the central bureau and the provincial contracting tables of the National Social Security Institute are permanently established. they shall carry out their duties in the field of central services and provincial directorates, respectively, and the composition of which shall be appropriate to the designation of members as reflected in the following paragraphs.

Second.

The central procurement table shall consist of the following members:

1. President: Secretary-General, who will be replaced, in case of vacancy, absence or illness, by an official, with an organic level of 28 or more, attached to the General Secretariat and, failing that, by the voice of the table of greater hierarchy, age and age, in this order.

Notwithstanding the above, in no case shall the chair of the bureau be taken over by the Legal Service's Letrado or by the delegated financial controller, who shall in any case act as vowels.

2. Vowels: An official, with an organic level of 28 or more, assigned to the General Secretariat, designated by the contracting authority on the proposal of the aforementioned Secretariat.

Head of the Central or Letted Legal Service of the Social Security Administration, attached to that Legal Service, to whom it is designated for replacement.

Delegate to the central services of the National Institute of Social Security, or Interventor to replace it.

An official, with organic level 26 or higher, assigned to the General Secretariat, designated by the contracting authority on the proposal of the aforementioned Secretariat.

An official, with organic level 26 or higher, attached to the General Economic and Budget Management and Economic Studies Subdirectorate, designated by the contracting authority on the proposal of the aforementioned Subdirection.

An official, with an organic level of 26 or higher, assigned to the Subdirectorate-General for Human Resources and Materials, designated by the contracting authority on the proposal of the aforementioned Subdirection.

An official, with an organic level of 26 or more, of the General Subdirectorate, which, where appropriate, and not in the case of the above represented, has promoted the processing of the administrative procurement file which corresponds to and coordinates its implementation in the light of the responsibility and competence assigned to it. Its designation shall be made by the contracting authority on a proposal from that General Subdirectorate.

3. Secretary: An official assigned to the General Secretariat, which the President appoints to the effect.

4. By way of derogation from the provisions of paragraph 1 of this paragraph, when on the file to be examined by the bureau, the Secretary-General shall act as a contracting authority by delegation of the Director-General of the National Social Security Institute, the Chair of the same shall be the person who carries the post of Deputy Director General attached to the General Secretariat, who shall be replaced, in cases of vacancy, absence or illness, by an official of organic level 28 or higher, attached to the General Secretariat.

5. All members of the bureau shall have a voice and vote, with the exception of the Secretary, who shall have a voice and no vote.

The President, when deemed appropriate by reason of the contractual matter, may incorporate the technical advisors deemed necessary, which shall only have a voice.

Third. The contracting bureau, at the provincial level, shall have the following composition:

1. President: Provincial secretary, who will be replaced, in case of vacancy, absence or illness, by a deputy director of the relevant provincial directorate and, failing that, by the voice of the bureau of greater hierarchy, seniority and age, by this order.

Notwithstanding the above, in no case shall the chair of the bureau be taken over by the Legal Service's Letrado or by the delegated Interventor, who shall in any case act as vowels.

2. Vowels:

The delegate of the provincial directorate, or the controller who replaces it or is appointed to the effect.

Head of the Provincial Legal Service or a lawyer of the Social Security Administration, attached to that Legal Service, to whom it is designated for replacement.

An official, with a category equal to or greater than the Head of Negotiator, assigned to the Provincial Secretariat, responsible for the processing of administrative procurement files.

An official, other than the provincial Secretariat, with a category equal to or greater than the Chief Negotiator, who will ordinarily be the representative of the Provincial Subdirectorate who has promoted the processing of the administrative procurement which corresponds to and coordinates its implementation on the basis of the responsibility and competence assigned to it, except in the provincial directorates of Ceuta and Melilla, in which the representative shall be an official of the managing centre designated by the contracting authority.

3. Secretary: An official appointed by the President, from among the personnel dependent on the Provincial Directorate.

4. All members of the bureau shall have a voice and vote, with the exception of the Secretary, who shall have a voice and no vote.

The President, when deemed appropriate by reason of the contractual matter, may incorporate the technical advisors deemed necessary, which shall only have a voice.

Fourth.

The additional seventeenth provision of the recast text of the Public Sector Contracts Law establishes that for the management and common services of Social Security, the regulations may be established. Cases in which they shall be part of the legal contracting bureau specifically authorised to do so in place of those who have legally or legally assigned the legal advice of the contracting authority.

In such cases, the contracting authority shall resolve its inclusion at the table for reasons justified, vacant, absent or sick of the lawyer attached to the relevant management centre.

Fifth.

The presence of the President and Secretary, or those who replace them, and at least half of its members, will be required for the valid constitution of the National Social Security Institute's hiring tables. In any case, the assistance of the two vowels who have assigned duties corresponding to the legal advice and the economic-budgetary control of the contracting authority or those who replace them shall be required.

In no case shall the members of the voting table be allowed to abstain in the votes which, for the corresponding decision-making, may be held within the voting table.

Sixth.

The functions of the contracting bureau and the special table of the competitive dialogue correspond, respectively, with those related to Articles 22 and 23 of Royal Decree 817/2009, of 8 May, in the case of a open, restricted, negotiated or competitive dialogue procedure.

Where criteria subject to value judgments whose weighting is higher than the automatic assessment criteria are to be assessed, a Committee of Experts shall be set up to which the assessment of the tenders shall be carried out. in accordance with the relevant subjective criteria, or to entrust this assessment to a specialised technical body.

The members of the Committee of Experts, the number of which shall not be less than three, shall be appointed by the contracting authority, without forming part of or integrating them as components of the bureau. However, the valuation report you issue will be binding for the table.

The procurement table, as the contracting authority of the contracting authority, will raise the award proposal that it considers to be most advantageous and appropriate.

Seventh.

In the cases in which the competitive dialogue procedure provided for in the recast of the Public Sector Contracts Law is applied, the contracting table will be constituted in a special way and will be composed of the members of the permanent recruitment bureau, plus the persons appointed by the contracting authority who, in a number equal to or greater than three and not representing less than one third of the members of the bureau, are deemed to be appropriate. incorporation into the collegiate body as persons with technical competence in the field referred to in the tendering.

Those members joining the recruitment table will be part of the competitive dialogue table as members with voice and vote.

Eighth.

Except for the specialties described in the previous paragraphs, the recruitment tables of the National Institute of Social Security, as collegiate bodies, will be governed in their procedures, in addition to the regulations. specific to administrative procurement, as laid down in Title II of Chapter II of Law No 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Ninth.

There is no effect on how many provisions of equal or lower rank are contrary to the provisions of this resolution and, in particular, that issued by this Directorate-General, as of March 20, 2012.

Tenth.

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

Madrid, May 6, 2014. -Director General of the National Institute of Social Security, María Eugenia Martín Mendizabal.