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Resolution Of May 6, 2015, Of The Presidency Of The National Commission Of Markets And Competition, Which Creates Table Of Recruitment Of The Commission National Markets And Competition And Appoints Its Members.

Original Language Title: Resolución de 6 de mayo de 2015, de la Presidencia de la Comisión Nacional de los Mercados y la Competencia, por la que se crea la Mesa de Contratación de la Comisión Nacional de los Mercados y la Competencia y se designa a sus miembros.

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TEXT

Article 32 of Law 3/2013, of 4 June, of the creation of the National Commission on Markets and Competition, provides that the President of the Commission is the contracting authority of the body.

Article 320 of the recast text of the Law on Public Sector Contracts (TRLCSP), approved by Royal Legislative Decree 3/2011 of 14 November, states that in open and restricted procedures and in the procedures negotiated with publicity as referred to in Article 177.1, the contracting authorities of the public authorities shall be assisted by a contracting bureau, which shall be the body responsible for the assessment of tenders. 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.

Royal Decree 657/2013 of 30 August, approving the Organic Statute of the National Commission of the Markets and Competition, in its article 41.2, provides that the President, as the body's contracting authority, is assisted by a Contracting Bureau, which is the body responsible for the assessment of tenders, in accordance with the provisions of Article 320 of the TRLCSP.

Article 320 (3) of the recast text of the Public Sector Contracts Act provides that the members of the Bureau shall be appointed by the contracting authority.

Moreover, Article 21.4 of 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, requires the publication in the "Official Gazette of the State", whether it is a permanent table or is assigned functions for a plurality of contracts.

By Resolution of the President of the Commission of 26 December 2013 (BOE of 9 January 2014), as amended by Resolution of 31 January 2014 (BOE of 6 February 2014), the Permanent Recruitment Bureau was established of the National Commission on Markets and Competition and its members were appointed.

The experience gained after more than one year of operation of the Bureau, advises a change in its composition, giving more representation of the units that promote the procurement files. This will result in an improvement in the management of the cases to be dealt with before the Bureau, with the greatest weight of the units directly involved in the procurement.

The supply regime is also clarified in the absence of the President of the Bureau.

By virtue of the above, I resolve:

First.

To create on a permanent basis the Board of Contracting of the National Commission of the Markets and the Competition, which will act in the cases provided for in Article 320 of the recast of the Law on Public Sector Contracts and in its development rules.

Second.

Appoint the following members of the National Markets and Competition Commission's Recruitment Board on a permanent basis in the following terms:

President: The holder of the Subdirectorate of Human Resources and Economic and Heritage Management of the General Secretariat, which may be replaced in the event of absence, vacancy or illness, by the holder of the Deputy Address of that Unit or the holder of another Subdirection attached to the General Secretariat, and in case of absence, vacancy or illness of these, by the Vocal of greater hierarchy, seniority and age, in this order.

Vocals:

1. A representative of the Legal Counsel of the Council Secretariat of the National Markets and Competition Commission.

2. The Financial Controller in the body, which may be replaced in case of absence, vacancy or illness, by an Interventor designated by the General Intervention of the State Administration.

3. Two representatives of the Unit which has promoted the recruitment file, depending on the subject matter of the contract, with the category, at least, of the Head of Service in the case of official or equivalent staff in the case of work staff.

Secretary: He will act as part of the Bureau, with a voice but without a vote, an official of the General Secretariat with the category, at least, as Chief of Section.

When it is not possible to appoint an official, the designation shall be made between those of another type of staff who are dependent on the contracting authority, as provided for in Article 21.3 of Royal Decree 817/2009 of 8 May, partially develops Law 30/2007, of October 30, of Public Sector Contracts.

Third.

The Bureau meetings may be incorporated by the necessary officials or advisers, depending on the nature of the matters to be dealt with, which shall act in a voice but without a vote.

Fourth.

The Permanent Recruitment Bureau shall meet in those cases where the Chair has convened it, in consideration of the procurement files to be known and which, in accordance with this Resolution, require its intervention.

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 designated representative of the Legal Counsel and the Delegate Intervention.

Fifth.

The Permanent Recruitment Bureau shall be governed, as regards its operation, by this Resolution, as well as by the rules which may be laid down for its internal operation, and in all the provisions of these provisions, will be established by the recast text of the Law on Public Sector Contracts, approved by Royal Legislative Decree 3/2011 of 14 November, by Royal Decree 817/2009 of 8 May, for which Law 30/2007 is partially developed, of 30 October, of Contracts of the Public Sector, as well as of the established in matter of organs Members of the Court of Justice in Chapter II of Title II of Title II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Sixth.

This Resolution shall have effect from the day following that of its publication in the "Official State Gazette".

Madrid, May 6, 2015. -President of the National Commission of the Markets and Competition, José María Marin Quemada.