We are constantly working to improve the site, and to add more laws to our database. If you are receiving value from using our site please consider signing up for a subscription to support the site and to get many additional benefits for you.
Key Benefits:
(You can close this ad by clicking anywhere on the page.)
Key Benefits:
Article 316.1 of the Royal Legislative Decree 3/2011 of 14 November, approving the recast of the Law on Public Sector Contracts, states that the Ministers and the Secretaries of State are the organs of (a) contracting the General Administration of the State and, as a result, are entitled to conclude contracts on their behalf in the field of their competence.
Moreover, in accordance with the provisions of article 320.1 of the same royal legislative decree, and Articles 21 et seq. of Royal Decree 817/2009, of 8 May, for which the Law of Contracts of the Public Sector, except in cases where the competition to hire corresponds to a Board of Contracting, in the open and restricted procedures and in the negotiated with advertising referred to in Article 177.1 of the Royal Legislative Decree 3/2011 of 14 November, the contracting authorities of public administrations be assisted by a Contracting Bureau, which shall be the body responsible for the assessment of tenders.
Moreover, Article 21.4 of Royal Decree 817/2009, of 8 May, requires that if a contracting table is designated on a permanent basis or is assigned functions for a plurality of contracts, its composition shall be published. in the "Official State Gazette".
Royal Decree 1887/2011, of December 30, establishing the basic organic structure of the ministerial departments, in its article 10 states that the Secretary of State of the Environment will depend on them The following management bodies: The Spanish Office of Climate Change, with the rank of Directorate General, the Directorate General of Quality and Environmental Assessment and the Natural Environment, the General Directorate of Sustainability of the Coast and the Sea and the Directorate General of Water.
The organic structure of the Ministry of Agriculture, Food and the Environment, as well as the high volume of procurement files, their specialty and complexity, determine the need for the creation of a The only and permanent Contracting Bureau of the Secretariat of State for the Environment and its management bodies, as an aid agency.
In its virtue, I resolve:
First. Creation and composition.
1. A Board of Directors of the Secretary of State for the Environment and its management bodies is hereby established in accordance with the provisions of Article 320.1 of the Royal Decree of Law 3/2011 of 14 November 2011. Articles 21 et seq. of Royal Decree 817/2009 of 8 May.
2. It shall be composed of the following members appointed by Resolution of the Secretary of State for the Environment:
(a) President: a representative of the Cabinet of the Secretary of State for the Environment, level 29 or above.
b) Vice President: a representative of the Cabinet of the Secretary of State for the Environment with at least level 29.
c) Vocals:
Two representatives of the Cabinet of the Secretary of State for the Environment with at least level 26.
A representative with at least level 29 of each of the Directorates-General of the Secretary of State for the Environment.
A representative with at least level 26 of each of the Directorates-General of the Secretary of State for the Environment.
A representative of the State Attorney in the Department.
A Controller of the Delegate Intervention in the Department.
d) Secretary: A representative with at least level 26 of the Cabinet of the Secretary of State for the Environment.
3. The vowels and the secretary of the contracting bureau shall be replaced in the case of a vacancy, absence or illness and, in general, where there is a justified cause, by their alternates, who shall also be appointed by the Secretary of State of Environment on the proposal of the respective bodies of provenance.
4. The meetings of the Contracting Bureau may be incorporated by the officials or specialized advisers necessary, depending on the nature of the matters to be dealt with, which shall act in a voice but without a vote.
5. In the event of a tie in the vote, the President may make a quality vote.
Second. Applicable legal regime.
The Contracting Table provided for in this resolution shall be governed by the present resolution, by the Royal Decree of Law 3/2011 of 14 November, by Articles 21 and 22 of the Royal Decree, in respect of its operation. 817/2009, of 8 May, as well as Articles 22 to 27 of Law 30/1992, of 26 November, of Legal Regime of Public Administrations and of the Common Administrative Procedure and other applicable regulations.
Third. Functions.
In accordance with the provisions of Article 320 of the Royal Legislative Decree 3/2011 of 14 November, the Contracting Bureau will have the role of assisting the contracting authority in the assessment of the offers of the contracts and dossiers to be submitted to their study and for the preparation of a proposal addressed to the contracting authority.
You will also exercise the remaining functions that are determined in Article 22 of Royal Decree 817/2009 of May 8.
The Recruitment Bureau shall meet with the call of its President.
Fourth. Files started before.
The procurement files initiated prior to the entry into force of this resolution and of whose processing the Contracting Bureau of the deleted State Secretary for Climate Change has met. The Bureau of the General Directorate for Water, as well as, in general, how many actions or calls are pending, will be dealt with and will be understood with the collegiate body provided for in this resolution. from its constitution.
Fifth. Loss of effects.
The Resolution of 29 June 2009, of the Secretariat of State for Rural Affairs and Water, for which the Board of Directors of the Directorate General for Water and the Resolution of 23 November 2009 is designated, remain without effect. 2010, of the Secretariat of State of Climate Change, for which the Recruitment Table is created.
Sixth. Effects.
This resolution shall have effect from the day following that of its publication in the "Official State Gazette".
Madrid, January 27, 2012.-The Secretary of State for the Environment, Federico Ramos de Armas.
