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Resolution Of March 20, 2012, Of The National Institute Of Social Security, Which Establishes The Composition And Functions Of The Tables Of Procurement In Central And Peripheral Services Of The Entity.

Original Language Title: Resolución de 20 de marzo de 2012, del Instituto Nacional de la Seguridad Social, por la que se establece la composición y funciones de las mesas de contratación en los servicios centrales y periféricos de la entidad.

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TEXT

The recused text of the Public Sector Contracts Law, approved by the Royal Legislative Decree 3/2011 of 14 November, establishes in its article 320 that, except in the case where the competition to hire corresponds to a Contracting Board, the contracting authorities shall be assisted by a recruitment bureau, which shall be the body responsible for the assessment of tenders in open and restricted procedures and in the procedures negotiated with advertising referred to in Article 177.1 of the same legal text. It also determines the structure and composition of the bureau, as well as the requirements to be met by each of its members. Article 321 of the same text sets out the members of this body in the cases in which the Special Table for Competitive Dialogue is to be established.

The current Royal Decree 817/2009, of May 8, which partially develops Law 30/2007, of October 30, of Public Sector Contracts, now repealed by the new Law of Public Sector Contracts, has in its Articles 21, 22 and 23, respectively, the composition and functions of the contracting parties and the competitive dialogue table, and, in the first place, the obligation to publish their composition in the "Bulletin" is also established. State officer ", if it is a permanent table or is assigned functions for a plurality of contracts.

The National Institute of Social Security has regulated these matters by Resolution of the Directorate-General of 23 July 2009 establishing the composition and functions of the recruitment tables in the Central and peripheral services. However, the promulgation of Royal Decree 449/2012 of 5 March, amending Royal Decree 2583/1996 of 13 December 1996 of organic structure and functions of the National Institute of Social Security and partial modification of the General Treasury of Social Security, has assumed the suppression of some units with rank of Subdirectorate General, the creation of new ones and a new distribution of competences among the finally subsisting. Since the changes introduced by this royal decree directly affect the competent administrative contracting units, it is necessary to adopt a new agreement on the designation of permanent members of the procurement.

Consequently, in accordance with the provisions of article 320.3 of the recast of the Law on Public Sector Contracts, this Directorate-General, in its capacity as the contracting authority of the National Security Institute Social, resolves:

First.

In application of the provisions of Article 21.4 of Royal Decree 817/2009 of 8 May, the central bureau and the provincial contracting tables of the National Social Security Institute are established on a permanent basis. they shall carry out their duties in the field of the central services and the provincial directorates of the institution, respectively, and the composition of which shall be appropriate to the designation of members as reflected in the following paragraphs.

Second.

The Central Recruitment Board shall be composed of the following members:

1. President: Secretary-General, who will be replaced, in case of vacancy, absence or illness, by an official, with an organic level of 28 or more, attached to the General Secretariat and, failing that, by the voice of the table of greater hierarchy, age and age, in this order.

However, in no case shall the chair of the bureau be taken over by the legal counsel of the Legal Service or by the delegated financial controller, who shall in any case act as members.

2. Vowels:

An official, with an organic level of 28 or higher, assigned to the General Secretariat, designated by the contracting authority on a proposal from the aforementioned secretariat.

Head of the Central Delegate Legal Service, or a lawyer of the Social Security Administration, attached to that Legal Service, to whom it is designated for replacement.

Delegate to the central services of the National Institute of Social Security or Financial Controller to replace him.

An official, with an organic level of 26 or higher, assigned to the General Secretariat, designated by the contracting authority on a proposal from the aforementioned secretariat.

An official, with organic level 26 or higher, attached to the General Sub-Directorate of Economic and Budgetary Management and Economic Studies, appointed by the contracting authority on a proposal from the aforementioned sub-directorate.

An official, with an organic level of 26 or higher, assigned to the Subdirectorate-General for Human Resources and Materials, designated by the contracting authority on a proposal from the aforementioned sub-directorate.

An official, with an organic level of 26 or more, of the General Subdirectorate, which, where appropriate, and not in the case of the above represented, has promoted the processing of the administrative procurement file which corresponds to and coordinates its implementation in the light of the responsibility and competence assigned to it. Its designation shall be made by the contracting authority on a proposal from that general sub-directorate.

3. Secretary: A section chief attached to the General Secretariat, which the president appoints to the effect.

4. By way of derogation from the provisions of paragraph 1 of this paragraph, when on the file to be examined by the bureau, the Secretary-General shall act as a contracting authority by delegation of the Director-General of the National Social Security Institute, the presidency of the same shall be the person who carries the position of Deputy Director General with competence in management of the contracting and assigned to the General Secretariat, who will be replaced in cases of vacancy, absence or illness for whom the Deputy Secretary General is responsible and, failing that, by an official of organic level 28 or higher, also attached to the General Secretariat.

5. All members of the bureau shall have a voice and vote, with the exception of the secretary, who shall have a voice and no vote.

The president, when deemed appropriate by reason of the contractual matter, may incorporate the technical advisors deemed necessary, which shall only have a voice.

Third.

The Contracting Bureau, at the provincial level, will have the following composition:

1. President: Provincial Secretary, who will be replaced, in case of vacancy, absence or illness by a deputy director of the corresponding Provincial Directorate and, failing that, by the voice of the table of greater hierarchy, seniority and age, by this order.

However, in no case shall the chair of the bureau be taken over by the legal counsel of the Legal Service or by the delegated financial controller, who shall in any case act as members.

2. Vowels:

The delegate of the provincial or financial controller to replace him or to be appointed to the effect.

Head of the Provincial Legal Service or a lawyer of the Social Security Administration, attached to that Legal Service, to replace or designate you.

An official, with a category equal to or greater than the head of the negotiated, assigned to the provincial secretariat, responsible for the processing of the administrative procurement files.

An official outside the provincial secretariat, with a category equal to or greater than the head of the negotiated party, who will ordinarily be the representative of the provincial sub-directorate that has promoted the handling of the administrative procurement which corresponds to and coordinates its implementation on the basis of the responsibility and competence assigned to it, except in the provincial directorates of Ceuta and Melilla, in which the representative shall be an official of the managing centre designated by the contracting authority.

3. Secretary: An official appointed by the President, from among the personnel dependent on the Provincial Directorate.

4. All members of the bureau shall have a voice and vote, with the exception of the secretary, who shall have a voice and no vote.

The president, when deemed appropriate by reason of the contractual matter, may incorporate the technical advisors deemed necessary, which shall only have a voice.

Fourth.

The additional seventeenth provision of the recast text of the Public Sector Contracts Law establishes that for the management and common services of Social Security, the regulations may be established. Cases in which they shall be part of the legal contracting bureau specifically authorised to do so in place of those who have legally or legally assigned the legal advice of the contracting authority.

In such cases, the contracting authority shall resolve its inclusion at the table for reasons justified, vacant, absent or sick of the lawyer attached to the relevant management centre.

Fifth.

The presence of the president and secretary, or those who replace them, and at least half of its members, will be required for the valid constitution of the National Social Security Institute's hiring tables. In any case, the assistance of the two vowels assigned the functions corresponding to the legal advice and the economic-budgetary control of the contracting authority or those who replace them shall be required.

In no case shall the members of the voting table be allowed to abstain in the votes which, for the corresponding decision-making, may be held within the voting table.

Sixth.

The functions of the contracting bureau and the special table of the competitive dialogue correspond, respectively, with those related to Articles 22 and 23 of Royal Decree 817/2009, of 8 May, in the case of a open, restricted, negotiated or competitive dialogue procedure.

Where criteria subject to value judgments whose weighting is higher than the automatic assessment criteria are to be assessed, a committee of experts shall be set up to carry out the assessment of the tenders. in accordance with the relevant subjective criteria, or to entrust this assessment to a specialised technical body.

The members of the expert committee, the number of which shall not be less than three, shall be appointed by the contracting authority, without forming part of or integrating them as components of the bureau. However, the valuation report you issue will be binding for the table.

The procurement table, as the contracting authority of the contracting authority, will raise the award proposal that it considers to be most advantageous and appropriate.

Seventh.

In the cases in which the competitive dialogue procedure provided for in the recast of the Public Sector Contracts Law is applied, the contracting table will be constituted in a special way and will be composed of the members of the permanent recruitment bureau, plus the persons appointed by the contracting authority who, in a number equal to or greater than three and not representing less than one third of the members of the bureau, are deemed to be appropriate. incorporation into the collegiate body as persons with technical competence in the field referred to in the tendering.

Those members joining the recruitment table will be part of the competitive dialogue table as members with voice and vote.

Eighth.

Except for the specialties described in the previous paragraphs, the recruitment tables of the National Institute of Social Security, as collegiate bodies, will be governed in their procedures, in addition to the regulations. specific to administrative procurement, as laid down in Title II of Chapter II of Law 30/1992 of 26 November 1992 on the Legal Regime of Public Administrations and the Common Administrative Procedure.

Ninth.

There is no effect on how many provisions of equal or lower rank are contrary to the provisions of this resolution and, in particular, that issued by this Directorate-General, as of July 23, 2009.

Tenth.

This resolution shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, March 20, 2012. -Director General of the National Institute of Social Security, María Eugenia Martín Mendizabal.