Exigencia de renovación de garantías de fiel cumplimiento y buen uso de anticipo en obras terminadas con entrega recepción definitiva, real o presunta en la contratación pública

The Act requires at the time underwriting public contracts, contractors who provide the guarantees that apply, with those a contractual relationship between the State and an insurance company, within its business contracts with a contractor, the adoption of a risk, being the beneficiary State. Article 73 of the Organic Law of the National Public Procurement System as guarantees provides: 1. unconditional, irrevocable and immediate payment, issued by a bank or financial institution established in the country or through them Assurance; 2. Deposit instrumented in an insurance policy, irrevocable and unconditional, immediate payment issued by an insurance company established in the country; 3. First Mortgage real estate, provided that the amount of the guarantee does not exceed sixty (60%) percent of the value of the mortgaged property, according to the appropriate corresponding property valuation; 4. Deposits of government bonds, municipalities and other state institutions, certifications of the General Treasury of the Nation, mortgage bonds, pledge bonds, credit notes issued by the Internal Revenue Service, or trust securities that have They have been qualified by the Board of the Central Bank of Ecuador; and, 5. certificates of deposit issued by a financial institution established in the country, endorsed by value in order to guarantee the Contracting Entity and whose validity period is greater than estimated for the execution of the contract. " There are three forms of guarantees established by the Organic Law of the National Public Procurement System, which are: performance bond, which aims to ensure timely and effective implementation of relations in favor of the public entity and third parties; ensuring proper use and advance it must be granted by the contractor in case the nature of the contract or payment, the entity to deliver an advance for the fulfillment of the contract, in order to ensure 100% the funds awarded by the State or its institutions; and technical guarantee for certain goods, which for certain contracts for procurement, supply or installation of equipment, machinery or vehicles are designed to ensure the quality and smooth operation. It is the case that a contractor granting guarantees for the realization of the work, the Organic Law of the National Public Procurement System provides in Art. 77, which contracts execution of works, the performance bond shall be returned to delivery time short, real or alleged reception. In other contracts, guarantees will be returned to the signing of the minutes only reception or stipulated in the contract. But the case is that the institution of the State has not canceled the values for termination of contract once and the finished work is delivered and declared finally to prescribing the contract have reception, and this by the absence of planning and procurement policies has led discretion require the contractor to renove guarantees full compliance and proper use in advance, bringing great harm to the contractor performing this procedure until the State to pay its obligations for termination of the contract, thus going against the rights of these people, because the state and public entities obligations are not set by law, thereby violating Article are attributed. 226 of the Constitution of the Republic of Ecuador, that " State institutions, its agencies, departments, the servants or public servants and persons acting under state authority shall exercise only the powers and authorities that are attributed to them in the Constitution and the law. They have the duty to coordinate actions for the fulfillment of its objectives and fulfill the enjoyment and exercise of the rights recognized in the Constitution"

• Hoofdauteur: Carrión Rojas, Richard Emilio (author)
• Formaat: bachelorThesis
• Taal: spa
• Gepubliceerd in: 2017
• Onderwerpen: DERECHO; CONTRATACIÓN PÚBLICA; RENOVACIÓN DE GARANTÍA; CUMPLIMIENTO DE CONTRATO
• Online toegang: http://dspace.unl.edu.ec/jspui/handle/123456789/18614