The Board of Directors of the Enterprise Public Infrastructure Manager (ADIF), at its meeting of 27 April 2012, adopted the Agreement which is annexed to this Resolution by which it is establishes the composition and functions of the Contracting Bureau for contracts in the field of its competence, leaving without effect the Agreement of the Management Board of the business public entity Administrator of Railway Infrastructures, On 26 June 2009, the composition and functions of the Bureau of the European Parliament Procurement, for contracts within the scope of their competence.

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, June 1, 2012. -Secretary of State for Infrastructure, Transport and Housing, Rafael Catala Polo.

ANNEX

" Agreement of the ADIF Board of Directors, establishing the composition and functions of the Contracting Board for contracts in the field of their 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 operation of the General Administration of the State, in its own Statute and in other rules to be applicable 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 open, restricted and negotiated award procedures by means of a procurement table which shall be competent for the assessment of tenders. "

The Bureau shall consist of a President, a Secretary 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 Public Entity, approved by RD 2395/2004 of 30 December 2004, the Board of Directors of the institution is responsible for its own competence, acting as a contracting authority in contracts the amount of which exceeds the amount required, in accordance with Article 317.1.a) of the recast text of the Public Sector Contracts Act (TRLSCP), approved by RDL 3/2011, of 14 November, the authorization of the Council of Ministers and in which they have a lower amount if they consider it convenient.

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, including VAT.

As a result, the Board of Directors currently holds the powers conferred on it by the contracting authority in respect of all contracts concluded by the entity whose amount exceeds 6,000,000.00 euro, VAT included.

With regard to contracts in which the Board of Directors has the power to act as a contracting authority, the competence for the adoption of this Agreement is determined by the aforementioned Article 16.1.h) of the ADIF Statute.

In the exercise of the powers conferred on it by the contracting authority, this Board of Directors issued an Agreement dated 25 February 2005, which created the Bureau of Contracting of the Entity to act in the contracts subject to Royal Decree 2/2000 of 16 June, approving the recast of the Law on Public Administrations Contracts.

The Agreement was amended by an Agreement dated 28 April 2006 and updated on 26 June 2009.

Sitting the above, and as a consequence of the new structure of the Entity and of the new general criteria on the organization that were approved at the session of the Board of Directors of ADIF of March 30 2012, as well as the organizational adaptations arising from the development of the above, it is appropriate to carry out the update of the current norm regarding the regulation of the Table of Contracts for the contracts mentioned above.

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

First.

Establish, 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, in accordance with what is then exposed:

-President: Will act as President of the head of the Directorate, Subdirection or organ of organizational rank equivalent responsible for the procurement and purchases of the Directorate General, or of the Directorate directly dependent on Presidency which would have promoted the conclusion of the contract. If the contract has been promoted by an Directorate that lacks the aforementioned contracting and purchasing bodies, it will act as President of the Contracting Bureau, the Director of Purchasing and Contracting of the Directorate General Corporate and Council Secretariat, or a Subdirector dependent on that.

-Four Vocals:

● Two vowels to be appointed by the Directorate-General or by the Directorate directly dependent on the Presidency which has promoted the conclusion of the contract

● A vowel who will be a Bachelor of Law, appointed by the Corporate General Directorate and Secretariat of the Council of the Entity.

● A vocal Interventor Delegate, from the General Intervention of the State Administration, in the Railway Infrastructure Manager.

-Secretary: a technician, or personnel of similar or higher level, of the Directorate, Subdirection or organ of equivalent organizational rank responsible for the hiring, of the Directorate General or of the Directorate directly dependent on the Presidency which would have promoted the conclusion of the contract. Where the contract has been promoted by an Directorate, which does not have the aforementioned contracting and purchasing bodies, 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 Corporate Directorate-General and Secretariat of the Council, or by a Deputy Director of the Council.

In case of vacancy, absence or illness, when any of the cases provided for in Articles 28 and 29 of Law 30/1992, of 26 November, or other legal cause preventing the attendance of the Table of Contracting to the President, the person, with the level of leadership or superior, designated by the Directorate, Subdirection or organ of equivalent organizational rank responsible for the hiring, the Directorate General or the Directorate directly dependent of Presidency that would have promoted the conclusion of the contract.

Where the circumstances set out prevent the Secretary-designate from attending the Recruitment Bureau, the person attached to the body to which the exercise of the Bureau Presidency is responsible shall be taken up by the person acting at least equal category, to be designated by the holder of the said organ.

The determination 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 Board of Recruitment 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 which are subject to the TRLCSP in accordance with the provisions of Article 13 of the Staff Regulations.

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 the TRLCSP, the contracting authority may, if it considers it appropriate, be assisted by the Contracting Bureau, not yet prescriptive its constitution. In such a case, the provisions of this Agreement shall apply to it.

Fourth.

This Agreement leaves no effect:

-The Agreement of the Board of Directors of the business public entity Administrator of Railway Infrastructures, dated June 26, 2009, establishing the composition and functions of the Board of Directors, for contracts in the scope of their competence.

The publication of this Agreement in the "Official Gazette of the State" and in the entity's contractor profile is hereby added. "