Resolution Of June 1, 2012, Of The Ministry Of Infrastructure, Transport And Housing, Which Published The Agreement Of The Council Of Administration Manager Of Railway Infrastructure, Which Establishes C...

Original Language Title: Resolución de 1 de junio de 2012, de la Secretaría de Estado de Infraestructuras, Transporte y Vivienda, por la que se publica el Acuerdo del Consejo de Administración del Administrador de Infraestructuras Ferroviarias, por el que se establece la c...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7890

The Board of Directors of the public enterprise administrator of railway infrastructures (ADIF), at its meeting of April 27, 2012, adopted the agreement contained as an annex to the present resolution by establishing the composition and functions of the Bureau of procurement for contracts from the scope of their competence, leaving without effect, the agreement of the governing body of the public railway infrastructure manager enterprise , of date 26 of June of 2009, by which is sets the composition and functions of the table of hiring, for them contracts of the scope of their competition.

In accordance with the provisions of article 13.4 of the Royal Decree 2395 / 2004, of 30 December, which approves the Statute of the public enterprise administrator of railway infrastructures, and in article 21 of Royal Decree 817/2009, of May 8, partial development of the law 30/2007 of 30 October, Public Sector contracts , comes the publication of said agreement in the «Bulletin official of the State».

Madrid, 1 June 2012.-the Secretary of State of infrastructure, transport and housing, Rafael Catalá Polo.

ANNEX «agreement of the Council of administration of ADIF, by which is sets the composition and functions of the table of recruitment for them contracts of the scope of their competition.»

Law 39/2003 of 17 November, the railway Sector, article 20 provides that "the management of the railway infrastructure and, where necessary, the construction correspond, within the purview of the State, to a public company attached to the Ministry of public works that will have its own legal personality, full capacity to act and its own patrimony and it shall be governed by the provisions of this law Law 6/1997, of 14 April, organization and functioning of the General Administration of the State, in its own statute and the other rules that may be applicable".

(He article 22.3. b) of it cited law 39 / 2003, modified through it available additional fifth of it law 30 / 2007, of 30 of October, of contracts of the Sector public, has that: "he administrator of infrastructure railway will provide them records of recruitment relating to the construction or modification of them infrastructure railway and will be competent for select to the contractor to which is entrusted the execution of the contract" by adjusting its activity to the standards established for public administrations in the law of contracts from the Public Sector".

On the other hand, article 21 of Royal Decree 817/2009, of May 8, partial development of the law 30/2007 of 30 October, Public Sector contracts, provides that "the public authorities contracting authorities will be assisted in open, restricted and negotiated award procedures with advertising, for a table of contracting that will be competent for the evaluation of bids".

The table is made up of a President, a Secretary, and at least four vocal to be determined by regulation. The members of the Bureau shall be appointed by the contracting authority corresponding permanently or for the award of a specific or certain contracts. If the designation were permanent or for a plurality of contracts, the composition of the Committee of recruitment shall be published in the "official bulletin of State" and the contractor profile. Where for the adjudication of a particular or specific contracts, is probably because the composition of the Board is carried out with specific character, is necessary that its composition be published on the contractor profile, as at least seven days before the meeting for the opening of the corresponding administrative documentation envelopes.

((Of conformity with it willing in the article 16.1. h) of the Statute of the entity public, approved by RD 2395 / 2004, of 30 of December, to the Council of administration of the entity you corresponds, insofar as competition own, the act as organ of recruitment in them contracts whose amount exceed the amount that requires, of conformity with the article 317.1. to) of the text consolidated of it law of contracts of the Sector public (TRLSCP) approved by RDL 3/2011, of 14 November, the authorization of the Council of Ministers and that have less if it deems it convenient.

(Based on the forecast contained in the article 16.1. h) of the Statute before cited, the Council of administration, in session held the day 11 of January of 2005, adopted agreement under which estimated suitable act as organ of contracting for contracts with amount superior to 6.000.000,00 euros, VAT included.

Consequently, the Board of Directors currently holds competences that as far as contracting authority are, with regard to all contracts that hold the entity whose payments exceed 6.000.000,00 euros, VAT included.

(With regard to those contracts in which this Council of Administration holds powers for act as organ of recruitment, the competition for the adoption of the present agreement comes determined by the before cited article 16.1. h) of the Statute of ADIF.

In the exercise of the powers which, as contracting authority, correspond, this Board of Directors issued agreement dated 25 February 2005, whereby the Agency's recruitment table was created to act on contracts subject to the Royal Decree 2/2000, of 16 June, which approves the revised text of the law of contracts of the administrations public.

He said agreement was object of modification by agreement of date 28 of April of 2006, and update of 26 of June of 2009.

Sitting above, and as a result of the new structure of the entity and the new general criteria on the organisation that were subject to approval at the meeting of the Board of Directors of ADIF on March 30, 2012, as well as organizational adaptations that they arise from the development of the above, comes from the upgrade of the current standard in terms of the regulation of the Bureau of procurement for contracts before indicated.

By virtue of what has been exposed, it adopts the following agreement: first.

Establish, on a permanent basis, the basic composition of the hiring table of administrator of railway infrastructures, for contracts from the scope of the competence of the Board of Directors, in accordance with what then is exposed:-President: will act as Chair holder address, subaddress, or organ of equivalent organizational status responsible for hiring and purchases of the Directorate-General , or address directly dependent on Presidency which had promoted the conclusion of the contract. Case that the contract has been promoted by a direction that lacks the mentioned bodies responsible for contracting and purchasing, will act as President of the Mesa of recruitment, the Director of purchases and procurement of the General corporate address and secretariat of the Council, or a dependent of one Deputy Director.

-Four vocal: ● two vocal that will be designated by the address General or by the address directly dependent of Presidency that has promoted the celebration of the contract ● a vocal that will be a licensed in right, appointed by the address General corporate and secretariat of the Council of the entity.

● a vocal controller delegate of the General intervention of the administration of the State, in the administrator of railway infrastructures.

-Secretary: a technician, or staff of similar or superior level, address, subaddress, or organ responsible for hiring equivalent organizational status, General guidance or direction directly dependent of Presidency which had promoted the conclusion of the contract. Case that the contract has been promoted by a direction, which lacks the mentioned bodies responsible for contracting and procurement, shall act as Secretary of the Mesa of hiring, a technician or personnel of higher level designated by the Director of purchasing and procurement of the General corporate address and secretariat of the Council, or by a dependent of one Deputy Director.

In case of vacancy, absence or illness, when you go any of the cases referred to in articles 28 and 29 of the law 30/1992, of November 26, or other legal cause preventing to attend the recruitment table to the President, will supply it the person, with headquarter level or higher, appointed by address, subaddress, or organ responsible for hiring equivalent organizational status the Directorate-General or the address directly dependent on Presidency which had promoted the conclusion of the contract.

When the exposed circumstances prevent attend appointed Secretary to the hiring table, will supply you the person attached to the organ to which concerned the exercise of the Presidency of the table which, boasting at least equal category that one, is appointed by the owner of the aforementioned organ.

The determination of the members will be made by the bodies with competition therefore upon receipt of the call for the corresponding table of contracting.

Second.


The table of Contracting will participate through the exercise of functions that are you recognized in article 22 of the Royal Decree 817/2009, of 8 may, with respect to all those contracts that celebrate ADIF by open, restricted and negotiated with advertising procedures and that, in accordance with the provisions of article 13 of its Statute, are subject to the TRLCSP.

Also, in open and restricted procedures, according to article 27 of the Royal Decree 817/2009, envelopes for the documentation relating to the criteria whose weighting depend on a judgement of value, must be opened by the Bureau of procurement in public, and must act, then deliver the documentation to the body responsible for their assessment, leaving documentary evidence of the proceedings.

Third party.

Negotiated procedures without advertising, initiated for awarding contracts subject to the TRLCSP, the contracting authority may, if it considers this appropriate, be assisted by the Bureau's hiring, not even its Constitution being mandatory. In such a case, shall apply to the provisions of this agreement.

Room.

He present agreement leaves without effect:-he agreement of the Council of administration of the entity public business administrator of infrastructure railway, of date 26 of June of 2009, by which is sets the composition and functions of the table of hiring, for them contracts of the field of his competition.

«Also it agrees the publication of the agreement in the "official bulletin of the State" and profile of contracting entity.»