Resolution Of 7 July 2015, Of The General Intervention Of The Administration Of The State, Which Approve The Procedures Of Request Via Telematics Of Representative For Acts Of Material Verification Of Investment, The...

Original Language Title: Resolución de 7 de julio de 2015, de la Intervención General de la Administración del Estado, por la que se aprueban los procedimientos de solicitud por vía telemática de representante para los actos de comprobación material de la inversión, la...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-7735

Article 150.2. b) of law 47/2003, of 26 November, General budget includes the intervention of material verification of investment, as an integral part of the function interventora whose exercise the legal system blamed the General intervention of the administration of the State.

The purpose of the intervention of the investment material checking is the physically verify the effective realization of works, services and acquisitions financed with public funds and its relevance to the content of the corresponding contract or custom.

Article 222 of the text of the law of contracts from the Public Sector, approved by Royal Legislative Decree 3/2011, 14 November, in relation to the reception of the Contracts Act, establishes that such an act is notified to the General intervention of the administration of the State, where such communication is mandatory, for their attendance optional at their material investment checking functions. This communication is mandatory, in accordance with article 28 of Royal Decree 2188 / 1995 of 28 December, which develops the system of internal control exercised by the General intervention of the administration of the State, when the amount of the investment is equal to or greater than € 50,000, excluding the value added tax or tax. Material verification of investment will be in any case, going to the representative of the General intervention to the Act of receiving of the works, supply or service concerned.

From the General intervention have been approving successive resolutions allowing, on the one hand, go to refine standardized request for representative model; and, on the other hand, a very significant progress in the implementation of the road telematics as the average employee by the management bodies at the time of processing their applications. Thus, resolution adopted on June 5, 2006, as amended subsequently on July 29, 2009, objective was to make certain improvements in the telematic application procedure initially set in the resolution of 20 January 2003.

The latest resolution, adopted on June 11, 2012, was designed to give one further step towards the full use of electronic, computer and telematic techniques in the processing of applications for representative before this General intervention, modifying the previous resolution, June 5, 2006, in the sense of articulating the via telematics as the general's request for representative for acts of material verification of investment. Thus, the resolution came to regulate a procedure in which ICT managers bodies oversee the General intervention takes place in any case through the informatic and telematic media enabled to effect the same.

This resolution comes to collect the experience gained with the application of this electronic procedure to be used by the productivity centres, thus incorporating improvements to it, such as extending the application of the computer means to all the agents who participate in the Act of investment material checking, i.e., including the representatives of the General intervention as well as the staff appointed to the work of advice to them.

In this sense, the experience gained since the entry into force of the decision of 11 June 2012 highlights the need to adjust standard request of representative model. Also, the full incorporation into the telematic procedure by all the organs that are involved in the same requires the definition of two new models of application to be used by delegates for the request of designations in cases in which so wish it, as well as modification of designations already agreed by the General intervention interventions.

Pursuant to the above I have: first. Object.

This resolution aims to: 1. Regular application procedure of representative of the General intervention of the administration of the State (IGAE) for acts of investment material verification through electronic means.

2. establish the runway to articulate communications by telematic means the designation of representative between the IGAE, productivity centres, and advisors.

3 approve standardized models of request of representative of the IGAE for acts of investment material checking, and models of request for modifications that appear as annexes to the present resolution.

Second. Subjective scope of application.

The present resolution shall apply to the productivity centres of the General Administration of the State, its autonomous bodies and the public research institutions included in the scope of the function interventora.

Third party. Objective scope.

1. the procedure regulated in the sections following this resolution shall apply to requests for representative General intervention both administrative contracts, anyone who is the legal regime to which they are subject, as the works, manufacture of goods and provision of services performed by the Administration itself, request that, pursuant to article 28.4 of the Royal Decree 2188 / 1995 of 28 December, whereby the regime of internal control exercised by the IGAE, is developed it will be mandatory when the amount of the investment is equal to or greater than € 50,000, excluding the value added tax or tax.

The same procedure shall apply to requests for modification, under the terms and within the limits provided for in the present resolution.

2. Notwithstanding the above, in the exercise of the powers which the Royal Decree 2188 / 1995 of 28 December, cited above, recognizes the Comptroller General for the purposes of designation of representative for his assistance in intervention of the investment material verification functions, can agree not proceed to request the appointment of representative of this General intervention in those cases in which the object of the provision corresponds to a cleaning service , security, assistance to the management of works, transport, postal services, or the supply of electricity, fuel, gas and water, not to be susceptible of verification material.

Notwithstanding this, if the controller that corresponds to make early intervention of the recognition, understand that the provision should be object of material testing, it shall inform this Center by the procedure laid down in the eighth paragraph of the present resolution, in accordance with the referral in the tenth paragraph.

Room. General conditions of use of the via telematics by the management center of the application.

1. the application for representative of the IGAE for acts of material testing of the investment should be made through the online procedure regulated in the eighth paragraph of this resolution, in accordance with the requirements and formalities which are detailed below.

2. this procedure is reserved to the organs of management centres of the General Administration of the State (AGE) or public bodies included in its scope that have competence in processing the recruitment or the custom file.

For the purposes of this resolution, means Manager Center, that Center Directors or provincial delegation that appropriate competition for the approval of the record of spending. For the same purposes of this resolution, means processing unit one administrative body Management Center that processing of procurement, notwithstanding its approval where appropriate.

If several funding bodies of investment, it will act as centre manager who acts as contracting authority. However, if the latter were not included within the scope of the function interventora, will act as centre manager that person concerned manage the budgetary credit financed by greater amount expenditure derived from investment from among those included in the scope of the aforementioned control.

3. for each applicant Manager Center application includes two user profiles: competent user for the signature of the request for appointment of representative of the IGAE for acts of material testing of the investment; and user acceptance of such request. Not may be issued a request for high user acceptance without that previously were covered by an application of high-signing user.

3.1 the first user, competent for the signature profile, will correspond to the owner of the Centre Manager or unit of applicant processing of the AGE or public body with competence to carry out this request.

3.2. the second user profile, user acceptance, will be assigned by the competent user among those who provide their services in the management centre or unit of applicant processing of the AGE or public body, for the recording of requests for appointment of representative of the IGAE for acts of material testing of the investment.

4. the application of COREnet, depending on the type of user accessing (broker or competent to sign) presents different benefits.
4.1 the user acceptance can perform at least the following operations: 4.1.1 requests high. It allows to capture through this option the the standard of application for designation of representative of the IGAE for acts of material verification of investment, prior to your subscription and remission, according to annex I.

4.1.2 of rectification of defects and high of request for modification of a prior request. Enables the capture of the standard model of change request, prior to your subscription and remission, through this option according to annex III.

4.2. the competent user to sign, as well as previous operations, may be the electronic signature of the given high and pending your signoff requests.

5. the access to the application shall be carried out through the virtual office portal in Internet of the intervention General of the administration of the State (www.pap.minhap.gob.es), requiring, in any case, DNI electronic, or certificate of civil servant, of students admitted by the platform of verification established in article 25.1 of the Royal Decree 1671 / 2009, of 6 November which is partially developed law 11/2007, of 22 June, electronic access of citizens to public services.

As authentication on the access the application both profiles of user, competent to sign and broker, shall specify the electronic DNI or electronic certificate of civil servant. In addition, the competent user to sign will require the same electronic certificate used for accreditation before the application, the electronic signature of the application form.

6. the request for access to the application for the purposes of the procedure regulated in the eighth paragraph shall be formulated in accordance with the resolution of February 27, 2009, of the Ministry of finance and budget, which regulates the policy of security of information systems of the Secretariat-General of budgets and expenditure and the General intervention of the administration of the State and must specify in the application profile of access required. This application shall conform to the provisions to this effect on the procedure for access to the information systems of the computer services budget, of external users to the scope of the budget management, published in the Portal of Internet of the intervention General of the administration of the State: http://www.pap.minhap.gob.es, the channel «Virtual office», within the section on "Access to information systems".

This request for access shall be settled by the General Sub-Directorate of intervention, control and legal analysis for contracts, grants and agreements of the IGAE in both be responsible for file, under the terms of the organic law 15/1999, of 13 December, of protection of personal data.

7. in those cases that are detected anomalies of a technical nature participation telematics in the application procedure of representative of the IGAE for acts of investment material checking, this circumstance will get knowledge of the person concerned by the system using the corresponding error messages.

8 will not accept participation telematics in the application procedure of representative of the IGAE for acts of investment material checking, when the electronic certificate used has lost its validity or does not match its ownership identification of the person concerned.

Fifth. General conditions of use of the via telematics interventions delegates, regional or territorial.

1. the computer application includes the following user profiles: administrator holder; Financial controller; and personal intervention.

1.1 «Controller holder» profile is assigned to the holder of the Executive intervention, Regional or Territorial.

1.2 profile of «Auditor» will be assigned to the different financial controller/s / s of the holder attached to the Executive intervention, Regional or Territorial, who may be appointed as a representative of this General intervention to assist acts of material testing of the investment.

1.3 profile of 'intervention staff' will correspond to that staff of the Executive intervention, Regional or Territorial different from the previous ones, as the incumbent auditor shall be determined.

2. the application of COREnet, depending on the type of user accessing will present benefits other, attending to the profile and whether the representative appointed by this General intervention is integrated or not in the Executive intervention, Regional or Territorialque has the competence to supervise the acts of management of the record related to that investment: 2.1 the incumbent auditor, the Auditor (s) , and the rest of the staff assigned to the intervention that holds the competence to monitor the acts of management related to that investment, you can perform the following operations: 2.1.1 high-application for designation during the execution of the investment. Enables the capture of the standard model of application for designation of representative of the IGAE, prior to your subscription and remission, through this option according to annex II.

2.1.2 of rectification of defects and high modification of a prior request for designation during the execution of the investment. Enables the capture of the standard model of change request, prior to your subscription and remission, through this option according to annex IV.

2.1.3. high of request for amendment of a designation. It allows to capture through this option the the standard of change request, prior to your subscription and remission, according to annex V.

2.1.4 high records of receptions and other reports.

2.1.5. monitoring of designations.

2.2. the incumbent auditor and the Auditor (s) attached to this intervention, in addition to previous operations, may be the electronic signature of the given high and pending your signoff requests.

2.3. the incumbent auditor, the Auditor (s), and the rest of the staff assigned to an intervention other than that holds the competition to oversee the acts of management related to the investment, which is designated as the representative of this General intervention for testing material investment, you can perform the following operations: 2.3.1 high-application for amendment of a designation. It allows to capture through this option the the standard of change request, prior to your subscription and remission, according to annex V.

2.3.2 high-proceedings of receptions and other reports.

2.3.3 monitoring of designations.

2.4. the incumbent Comptroller of intervention other than that holds the competition to oversee the acts of management related to that investment, which may be designated as representative of this General intervention to carry out investment material checking, and the controller is attached to such intervention, as well as previous operations, may be given high and pending your signoff requests electronics firm.

Sixth. General conditions of use of the via telematics by the delegates of advisers.

1 will be held equally by electronic means, through the application of COREnet, communication of application different delegates of advisors appointed by the under-secretaries of ministries for the appointment of staff specifically dependent on the same and belonging to the body or bodies of the State of the specialties that are required to perform the work of advice to the designated representative of the intervention When according to the type of testing to be carried out is considered necessary the assistance of qualified personnel with special expertise.

2. the computer application includes the following user profiles for the management by the delegates of advisers: Titular delegate; Substitute delegate and staff associated with the office of the delegate.

2.1. the «delegate holder» and «Replacement for delegate» will have access to all the functionality that application considered for delegates of advisors, and can perform the following operations: 2.1.1 management of census of advisers assigned to the delegate by each specialty in which they manage.

2.1.2. assignment of counsel to every request of reception which has been the subject of designation of representative of the IGAE, which attributed to him for the assignment of counsel.

2.1.3 reallocation of Advisor in requests for reception for which had already assigned counsel and that, for justified reasons, to change the assignment.

2.1.4. communication from the assignment of counsel.

2.1.5 consultation of the status of requests for reception have been representative of the IGAE designation, which had been assigned to it as a delegate of advisers.

2.2 the staff associated with the office of the delegate can perform all operations of the delegate unless the communicate assignment.

3. the access to the application for reception and viewing of the telematic communications will take place as indicated in point 5 of the fourth paragraph.
4. the request for access to the application will take place as indicated in point 6 of the fourth paragraph. Not may be issued a request for discharge 'Substitute delegate' or 'Associated personnel' unless previously is covered by the application of 'Delegate holder' high.

5. the delegate that prompted the appointment of a consultant is obliged to inform General intervention, through the computer application COREnet, data adviser appointed to attend the Act of checking that in no case may lie with staff that is absent, low, or equivalent situation that involves the impossibility of carrying out the work of advice.

6. if duly motivated circumstances prevented to carry out the aforementioned appointment or selected official to carry out its work of advising the designated representative of the intervention, the delegate shall inform such circumstance General intervention, through the COREnet computer application, at the earliest, in order to be able to make a new request for counsel.

Seventh. Standard models of application.

1 the new request of representative models envisaged in the present resolution and instructions approve to complete them, to use in accordance with this resolution, as they result from the annexes thereto.

2. in annex I to this resolution establishes, on the one hand, the model of unified and standardized application of representative of the IGAE for designated acts of material testing of the investment in the third paragraph of this resolution; and, secondly, the instructions for the mode that is filling up the application.

The above model will be mandatory use by the productivity centres and units of processing all requests for representative included in the objective scope of the present resolution.

3. Requests for representative must apply in advance of 30 days to the date for the termination of the benefit subject to contract or custom made, understanding by this date of delivery or total realization of the investment. Also be observed the provisions of points 5 and 6 of this section. If the application relates to receptions to be carried out abroad (EU or rest of the world), the processing will be forty-five days.

Identical within thirty days, be governed in the application for which the management centre, pursuant to article 168 of the existing General Regulation of the law of contracts of the administrations public, appreciate exceptional reasons of public interest to proceed works effective occupation or before putting into service for public use.

When in accordance with the documents that govern the implementation of the investment, expected the existence of 'partial deliveries', within thirty days will be taking as a reference date of reception planned for the first delivery or provision to run. In this case, a single comprehensive application of the total amount of investment will be processed, that is, which derives from the totality of the planned partial deliveries.

The provisions of the previous paragraph on partial deliveries is also applicable in those cases in which the contract or custom build up different benefits, such as: joint hiring of drafting of the project and execution of relevant works; the joint hiring of writing project and direction and control of the works, or its equivalent.

4 representative requests shall be accompanied by the following documents, preferably in PDF format: to) approval of the commitment of expenditure and their corresponding prior control.

(b) specification of particular administrative clauses or, failing this, equivalent document.

(c) report of the project in the case of works, and spread of requirements techniques or, failing that, document equivalent in the rest of the performance.

(d) budget.

(e) contract or order, in your case, the agreed modifications.

5. in accordance with the forecasts of paragraphs 2 and 4 above, in those applications submitted to this General intervention that do not respond to the standard model, were not properly completed or not adjuntasen specified documentation, it will require to the Center Manager or the corresponding correction processing unit, granting to this end within 3 working days, after which of be not honored the request, the request will be disregarded and efficiency, leaving without effect the same and still necessary, as a result, process a new request for representative by the Centre Manager.

6. without prejudice to the observance of the time limit referred to in point 3 above, in order to avoid that requests are through the management centre in excessive advance, not be admitted those applications whose investment, according to the documentation submitted, is not close to its completion. In these cases, the application submitted will be deemed untimely and without effects, communicating that fact to the management centre or unit of processing and requiring the submission of a new request for representative within the period prescribed.

Eighth. Application procedure of representative of the IGAE for acts of material verification of investment through telematic means.

1. the participant in the proceeding will be in communication with the IGAE accessing the corresponding option of the virtual office of the General intervention of the administration of the State portal and proceed as indicated below: Once connected and exceeded 1.1 the process of validation and authentication you will enter the COREnet application which allows participation in the procedure of appointment of representative of the IGAE for acts of verification material the investment.

1.2. the telematics application will consist of two phases: 1.2.1 in the first, the user acceptance made recording of the request through the application itself in accordance with the model and instructions which are included in annex I to this resolution, unless the request purchase effect by itself made the recording.

1.2.2. in the second phase, the competent user performs the electronic signature of the application or of the relationship of pending applications of signature of the corresponding management centre or unit of applicant processing of the General Administration of the State or public body, taking effect the request from this moment.

1.3 signed applications shall have effect upon receipt confirmation for the signing ceremony.

(1.4 the electronic signature of the application by the competent user will be an electronic signature based on those provided for in article 21.a electronic certificate)) and (b) of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007 is partially developed, and shall conform to the provisions of the electronic signature and certificates from the General Administration of the State policy posted by a decision of November 29, 2012, of the Ministry of public administrations, using the XAdES standard laid down in the same.

The electronic certificate used for the signature will be one of the supported by the platform of verification established in article 25.1 of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007, of 22 June is partially developed.

2. the incumbent auditor and the Auditor (s) assigned to the intervention that holds the competition control or previous intervention of the acts of management contracts or commissions included in the scope of object of this resolution, may request the Auditor General the realization of the investment material checks during the execution of the work delivery or service, when circumstances that warrant it to appreciate.

The application procedure will be described in the previous section with the following specialties: 2.1 the application shall conform to the model and instructions which are included in annex II of this resolution.

2.2. the competent user for the signature of the request or requests pending your signoff relationship will be intervention with competition staff to carry out the electronic signature.

Ninth. The appointment of representative of the IGAE telematics communication procedure.

1 the resolution of the designation or not representative of the IGAE shall be signed electronically by electronic certificate than those provided for in article 21.a) and b) of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007 is partially developed, and shall conform to the provisions of the electronic signature and certificates from the General Administration of the State policy posted by a decision of November 29, 2012, of the Ministry of public administrations, using the XAdES standard laid down in the same.

The electronic certificate used for the signature will be one of the supported by the platform of verification established in article 25.1 of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007, of 22 June is partially developed.
2. the communication of designation or not representative of the IGAE which is to be made to the Centre Manager and, where appropriate, to the representative of the intervention and the delegate or delegates of advisers will be handled by electronic means through the application of COREnet, with electronic stamp of those provided for in article 18 of law 11/2007 22 June, adjusted to the electronic signature and certificates from the General Administration of the State, policy posted by resolution of November 29, 2012, of the Ministry of public administrations, using the standard laid down in the same XAdES.

The electronic certificate that is used for the electronic stamp will be of the supported by the platform of verification established in article 25.1 of the Royal Decree 1671 / 2009, dated November 6, whereby the law 11/2007, of 22 June is partially developed.

3 the management centre or unit of processing, as well as, where appropriate, the representative of the intervention, and delegate or delegates designated advisors, must Access the COREnet application for the visualization of the communications and consultation requests and designations of reception which correspond, for the purposes of its follow-up.

Tenth. Change request procedure through telematic means.

1. once the designation is made, it is not possible productivity centres or processing units and designated representatives to rectify or alter the appointments made by the General intervention.

2 when new actions are carried out subsequent to the application for designation, there are modifications in aspects of the previously made designation, or circumstances that alter the data taken into account for the purposes of the designation of representative of this intervention, the Centre Manager or competent processing unit must request modification concerned, in accordance with the model and instructions which are included in annex III to this resolution. The request will not acquire effects by the very fact of the recording, signature and remission, and must conform to the procedure described in paragraph Octavo.1 of this resolution.

3. Likewise, the designated representative of the intervention request changing the designation or not, as well as the Advisor assigned or not, if the examination of the documents that make up record of the investment that is going to receive, circumstances which make it advisable to modify the scope or meaning of the resolution, the Advisor designation or replacement of technical optional advisory tasks assigned to appreciate According to the model and the instructions that are included in annexes IV or V of the present resolution, as appropriate. The request will not acquire effects by the very fact of the recording, signature and remission.

In any case, you must comply with the procedure described in paragraph Octavo.2 of this resolution, and be accompanied by an exhibition on the need, which should be realized those aspects of the object of the investment, according to the description of them is contained in the specifications or documentation that rija the execution of it, which prompted the designation or need advice as well as, in the latter case, specialty and advice features.

Eleventh. Information for the prior intervention of the recognition of the obligation.

In cases in which the application for representative of the IGAE is mandatory, the applicant management centre shall communicate the application number assigned by COREnet to the external auditor responsible for prior intervention by the recognition of the obligation at the time of remission of record for this purpose, so that the monitoring body to access communications issued by the IGAE in relation to such a request.

Authorized officials of the associate intervention can access the COREnet application for verification of these communications, identified through the mentioned application number.

12th. Transitional arrangements.

1. Requests for representative to this General intervention that occur prior to the entry into force of the present resolution, shall be governed by the previous regulations.

That occur after the entry into force of the present resolution, shall be adjusted to the provisions contained in this.

2 insofar as the functional developments under application COREnet for remission and high reception records and other reports, and follow-up actions provided for in the fifth of this resolution section are not available, the same will continue to develop through means used prior to the entry into force of this Circular.

In any case, the date on which the new computer procedures for the referral of proceedings and follow-up actions are available will be published on the corporate Intranet and on the Internet of the IGAE (www.pap.minhap.gob.es) portal.

13th. Repealing clause.

It is without effect the resolution of the intervention General of the administration of the State on June 5, 2006.

Fourteenth. Entry into force.

This resolution shall enter into force on 14 July 2015.

Also result from application to the military administration of the State standard models of request for representative, and request for modification, which are listed in the annexes.

Madrid, 7 July 2015.-the Comptroller General of the administration of the State, José Carlos Alcalde Hernández.

Annex I here are several images in the original. See the PDF document official and authentic.

Annex II here are several images in the original. See the PDF document official and authentic.

Annex III here are several images in the original. See the PDF document official and authentic.

Annex IV here are several images in the original. See the PDF document official and authentic.

Annex V here are several images in the original. See the PDF document official and authentic.