El Procedimiento de Subasta Inversa Electrónica y la Mala Determinación del Presupuesto Referencial Lesionan los Intereses de la Entidad Contratante
The present thesis entitled "The electronic reverse of auction procedure and the bad determination of the referential budget injure the interests of the contracting entity" it refers to the reverse auction procedure, which is established in articles 47 and 44 of the Organic Law and General...
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| Autor principal: | |
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| Formato: | bachelorThesis |
| Idioma: | spa |
| Publicado em: |
2018
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| Assuntos: | |
| Acesso em linha: | http://dspace.unl.edu.ec/jspui/handle/123456789/20831 |
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| Resumo: | The present thesis entitled "The electronic reverse of auction procedure and the bad determination of the referential budget injure the interests of the contracting entity" it refers to the reverse auction procedure, which is established in articles 47 and 44 of the Organic Law and General Regulation of the National Public Procurement System where it states that the reverse auction is for the acquisition of standardized goods and services that are not included in the electronic catalog and for bidding it is bid to lower the referential price which causes the lack of competition the suppliers or suppliers to the contracting processes, especially the reverse auction procedure, since it has as referential budget one that has been previously awarded until within the last 24 months, which leads me to establish that the bad determination of the Reference Budget does not comply with technical studies, that is, take into account the studies and complete, definitive and updated designs, plans and calculations, as well as the technical specifications, and the little coherence in the prices due to the rigidity of the standard because although it is allowed to update from the accumulated inflation between the months of difference does not adjust to the current real prices and those published with posterity in the announcement. Thus, what happens it is received a good service or of poor quality?; In addition, if the specifications include the readjustment of prices and complementary contracts, many of the times they exceed the reference amounts even though they have allowed percentages without these altering the contractual object, 5 but they come to injure the interests and State fees. The theoretical, legal and doctrinaire collection, the application of surveys and interviews, allowed to obtain criteria with clear and precise foundations, of well-known bibliography, which contributed to the verification of the objectives and to the contrast of the hypothesis raised regarding the bad determination of the referential budget in the processes of reverse auction and the damage caused to the contracting entity. Therefore it is necessary to establish a proposal to reform the Organic Law of the National System of Public Procurement with the purpose that at the moment of determining the Referential Budget we have the current real studies. |
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