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Resolution Of June 1, 2012, Of The Ministry Of Infrastructure, Transport And Housing, Which Publishes The Resolution The President Of Administrator Of Railway Infrastructure, Which Establishes The Composition...

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 la Resolución de la Presidencia del Administrador de Infraestructuras Ferroviarias, por la que se establecen la composici...

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TEXT

The President of the business public entity Administrator of Railway Infrastructures (ADIF), dated April 25, 2012, adopted the Resolution set out as an Annex to this Resolution establishing the composition and functions of the Recruitment Bureau, for contracts in the field of their competence, leaving without effect, the Resolution of the President of the Railway Infrastructure Manager of July 1, 2009, for which they are established the composition and functions of the Contracting Tables, for contracts in the field 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

" Resolution of the President of ADIF, establishing the composition and functions of the Recruitment Bureau, 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 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.

Given the distribution of powers provided for in the Statute of the Entity, it appears that, under Article 23.2.l of the Treaty, it is up to the President to act as a contracting authority in respect of contracts the amount of which does not exceed the amount required, in accordance with Article 317.1.a) of the recast text of the Public Sector Contracts Act (TRLCSP), approved by RDL 3/2011 of 14 November, the authorisation of the Council of Ministers, without prejudice to the powers of the that the Management Board attributes Article 16.l.h).

According to the forecast contained in Article 16.1 (h) of the Staff Regulations referred to above, the Board of Directors, in session held on 11 January 2005, adopted the Agreement on the basis of which it considered it appropriate to act as contracting authority for contracts with an amount of more than EUR 6,000,000.00, including VAT.

With regard to those contracts where the Presidency has the power to act as a contracting authority, the competence for the adoption of this Resolution is determined by the aforementioned Article 23.2.l. of the Staff Regulations.

In the exercise of the powers conferred on it by the contracting authority, this Presidency issued a Resolution of 5 April 2005 establishing 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 Administration Contracts.

The above Resolution was amended by Resolutions dated 28 April 2006 and 1 July 2009.

Sitting the above, and as a consequence the new structure of the Entity and of the new general criteria on the organization that were the subject of approval in the session of the Board of Directors of March 30, 2012, thus as of 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 Contracting for the contracts mentioned above.

By virtue of how much has been exposed, this Presidency, acting on the contracts in which this Presidency holds the competence to act as a contracting authority, and in the exercise of the powers conferred on it attributes Article 23.2.l) of the Statute of Adif, resolves:

For contracts concluded by the Railway Infrastructure Manager of less than or equal to 6,000,000,00 euros, including VAT, subject to TRLCSP:

First.

To establish, on a permanent basis, the basic composition of the Board of Contracts of the Railway Infrastructure Manager, for contracts in the area of competence of this Presidency, in accordance with what The following is explained:

-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 of the 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:

or 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.

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

or 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 November 26, or other legal cause that prevents the President from attending the Table of Contracting, is present, This shall be provided by the person, at the head or higher level, designated by the Directorate, Subdirection or organ of equivalent organisational rank responsible for the recruitment, the Directorate-General or the Directorate directly dependent on the Presidency which would have promoted the conclusion of the contract.

When 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 supplied by the person who has at least the same category as the one 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 Resolution shall apply to it.

Fourth.

This Resolution leaves no effect:

-The Resolution of the President of the Railway Infrastructure Manager of July 1, 2009, establishing the composition and functions of the Contracting Parties, for contracts in the field of their competence.

The publication of this Resolution is also agreed upon in the "Official State Gazette" and in the entity's contractor profile.

In Madrid, 25 April 2012. -President of the Railway Infrastructure Manager, Enrique Verdeguer Puig. "