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...

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2012-7891

He President of it entity public business administrator of infrastructure railway (ADIF), with date 25 of April of 2012, adopted the resolution that figure as annex to the present resolution by which is established it composition and functions of it table of recruitment, for them contracts of the field of his competition, leaving without effect, it resolution of the President of the administrator of infrastructure railway of date 1 of July of 2009 , by which is established the composition and functions of the tables of recruitment, for them contracts of the field of his competition.

In accordance with the provisions of article 13.4 of the Royal Decree 2395 / 2004, of 30 December, which approves is the status 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 October 30, of 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 «resolution of the President of ADIF, which establishes the composition and functions of the hiring table, for contracts from the scope of its competence.

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 ", in the law 6 / 1997, of 14 of April, of organization and operation of the Administration General of the State, in its own statute and in them others rules that you are of application".

Article 22.3. b) of the aforementioned Law 39/2003, modified by the fifth additional provision of law 30/2007 of 30 October, Public Sector contracts, provides that: "the administrator of railway infrastructures will process the procurement files relating to the construction or modification of rail infrastructure and will be competent to select the contractor that the execution of the contract may be given 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. Them members of the table will be appointed by the organ of hiring corresponding with character permanent or for the award of a particular or certain contracts. If the designation outside permanent or for a plurality of contracts, the composition of the table of recruitment must publish is in the Bulletin official of State and in the profile of contracting. Where for the award of a determined or certain contracts, is opt because it composition of it table is perform with character specific, will be necessary that its composition is publish in the profile of contracting, as minimum seven days before the meeting for the opening of them envelopes corresponding to it documentation administrative.

Given the competence distribution provided for in the statutes of the entity is that this Presidency, pursuant to article 23.2. l), is act as contracting authority in the contract whose amount does not exceed the amount that you require, in accordance with article 317.1. to) of the consolidated text of the law of contracts in the Public Sector (TRLCSP) approved by RDL 3/2011, of 14 November, the authorization of the Council of Ministers, without prejudice to the powers which attributed the article 16.l.h to the Board of Directors).

(In accordance with 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.

Respecto_de those contracts in which this Presidency holds powers to act as a contracting authority, the competence for the adoption of the present resolution is determined by the abovementioned Article 23.2. l) of the Statute.

In the exercise of the powers which, as contracting authority, correspond, this Presidency issued resolution dated April 5, 2005, which established the hiring table of the entity 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.

The mentioned resolution was modified by resolutions dated April 28, 2006, and July 1, 2009.

Sitting above, and as a result 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 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.

En_virtud_de how much has been exposed, this Presidency, acting, for contracts in which this Presidency holds the competition to act as contracting authority, and in the exercise of the powers which he credited the article 23.2. l) the Statute of Adif, resolves: for contracts that hold the administrator of railway infrastructures of budget exceeding 6.000.000,00 euros , VAT included, subject to the TRLCSP: 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 this Presidency, in accordance with what then is exposed:-President:-act as President the holder's 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 vowels: or two members who shall be appointed by the Directorate-General or by the address directly dependent on Presidency has promoted the conclusion of the contract.

or a vocal that will be a graduate in law, appointed by the address General corporate and secretariat of the Council of the entity.

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

-Secretary: a technical, or personal of level similar or top, of the address, Subdirectorate u organ of range organizational equivalent responsible of it recruitment, of the address General or of the address directly dependent of Presidency that had promoted the celebration 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 , of the address General or of the address directly dependent of Presidency that had promoted the celebration of the contract.

When them circumstances exposed prevent attend to it table of recruitment to the Secretary designated, you supplemented it person attached to the organ to which corresponds the exercise of the Presidency of the table that, boasting unless equal category that that, is designated by the holder of the cited organ.

The determination of them vocal is held by them bodies with competition for this, after the reception of the call of the corresponding table of recruitment.

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 case, will be of application to the same it provided in the present resolution.

Room.

The present resolution leaves without effect:-the resolution of the President of the administrator of infrastructure railway of date 1 of July of 2009, by which is establish the composition and functions of them tables of recruitment, for them contracts of the field of its competition.

Also, is agrees to the publication of the present resolution in the "Bulletin official of the State" and in the profile of contracting of the entity.

«In Madrid, to 25 of April of 2012.-the President of the Manager of infrastructure railway, Enrique Verdeguer Puig.»