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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Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-5423

Article 32 of the Act 3/2013, June 4, creation of the National Commission of markets and competition, establishes that the President of the Commission is the contracting authority of the Agency.

Article 320 of the revised text of the law of contracts in the Public Sector (TRLCSP), approved by Royal Legislative Decree 3/2011, of 14 November, provides that in proceedings open and restricted and negotiated procedures with advertising referred to in article 177.1, contracting of public administration authorities will be assisted by a Bureau of procurement that will be the body responsible for the evaluation of bids. In negotiated procedures in that it was not necessary to publish contract notices, the Constitution of the Bureau will be optional for the contracting authority.

Royal Decree 657/2013, 30 August, which approves the Organic Statute of the National Commission of markets and competition, in its article 41.2, provides that the President, as contracting authority of the Agency, is assisted by a Bureau of procurement, which is the competent body for the assessment of tenders, as laid down in article 320 of the TRLCSP.

Paragraph 3 of article 320 of the revised text of the law of Public Sector contracts, provides that the members of the Bureau shall be appointed by the contracting authority.

On the other hand, article 21.4 of the Real Decree 817/2009, of May 8, which is partially developed the law 30/2007 of 30 October, Public Sector contracts, requires publication in the «Official Gazette», if it is a permanent table or attributed functions for a plurality of contracts.

By resolution of the President of the Commission of 26 December 2013 (BOE of 9 January 2014), amended by resolution of 31 January 2014 (BOE of February 6, 2014), created the permanent recruitment Panel of the National Commission of markets and competition and its members are appointed.

The experience accumulated after more than one year of operation of the Bureau, advises a change in its composition, giving more representation of units that promote recruitment records. This will result in an improves of the management of them matters to treat before the table, to the have in she a greater weight them units interested directly in it recruitment.

Also clarifies the regime of fallbacks in case of absence of the Chairman of the Board.

By virtue of it exposed, I resolve: first.

Create permanent table of recruitment of the Commission national markets and competition, which will act in the cases referred to in article 320 of the revised text of the law of contracts in the Public Sector and its implementing rules.

Second.

Designate on a permanent basis to the following members of the Board of recruitment of the Commission national markets and competition in the following terms: President: the head of the Subdirectorate of human resources and economic management and heritage of the General Secretariat, which may be replaced in the event of absence, vacancy, or disease, the Deputy Subdirectorate of the unit holder or the holder of another branch attached to the General Secretariat , and in case of absence, vacant or disease of these, by the Vocal of higher hierarchy, seniority and age, by this order.

Members: 1. A representative of the Advisory legal of secretariat of the Council of the Commission national markets and competition.

2. the administrator delegate in the body, that can be replaced in case of absence, vacant or disease, by an administrator appointed by the intervention General of the administration of the State.

3. two representatives unit that has promoted the hiring record, depending on the object of the contract, with the category, at least, head of service in the event of staff officer or equivalent in the case of workforce.

Secretary: It will act as part of the table, with voice but without vote, an official of the General Secretariat with the category, at least, by head of section.

When it is not possible to appoint an official, will be the designation between another type of staff who depend on the contracting authority, as set forth in article 21.3 of the Real Decree 817/2009, of 8 may, whereby the law 30/2007 of 30 October, Public Sector contracts is partially developed.

Third party.

To the meetings of the table may incorporate is them officials or advisors specialized that are necessary, according to the nature of them Affairs to treat, which act with voice but without vote.

Room.

The permanent recruitment Panel will meet in those cases that convene it its Chairman, in attention to records of recruitment that is know and, in accordance with this resolution, requiring his intervention.

For the valid Constitution of the table must be present the most absolute of their members and, in all case, the President, the Secretary, the representative appointed of the advice legal and of the intervention associate.

Fifth.

The permanent recruitment Panel will be governed, as to its performance, by the present resolution, as well as rules that could dictate to its inner workings, and in all matters not provided for in these provisions, shall apply the provisions of the consolidated text of the law of contracts in the Public Sector, approved by Royal Legislative Decree 3/2011 November 14, by Royal Decree 817/2009 of May 8, which is partially developed the law 30/2007 of 30 October, Public Sector contracts, as well as by the provisions relating to bodies registered in chapter II of title II of law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure.

6th.

This resolution shall take effect from the day following its publication in the «Official Gazette».

Madrid, 6 of mayo of 2015.-the President of the Commission national of those markets and the competition, José Maria Marin burned.