Las impugnaciones en los contratos públicos y la implementación de una unidad especializada que las analice

The Public Administration for the attainment of his ends, between other activities must effect contractual acts, in order to contract works, goods or services that assure the well-being of the collectivity. With this intention, the preparatory acts and pre contractual they are the established ones in the laws and in force regulations, observing all the procedures, with I become attached initially of legality. The adjudication of a public work, it arises as an exigency of the good administration, a condition of morality and also an opportunity in order that the offerer, who accredits the best conditions in the offer, as well as in the technical - economic requirements and other prerogatives demanded by the entity contractor, is a successful bidder of the contract to bidding. Our legislation as for public contracting has suffered a deep change with the expedition of the Organic Law of the National System of Public Contracting, and the implementation of the portal of public purchases, which has modernized the Public Contracting in the Ecuador. Although public procurement in our country has been involved in numerous cases of corruption, where contracts are awarded to toe, without a thorough analysis of the successful bidders, and even with clear and significant evidence on price, hurting thus contravening the State and the objectives of public procurement, in whose spirit intends to award a work or contract, that bidder determine the most favorable conditions, economic and contractual techniques in favor of the state procurement process to be developed with full transparency, trying to procure works, purchase goods or services quality at lower prices, always adhering to the principle of legality and compliance with the relevant regulatory bodies. Although the Organic Law of the National System of Public Procurement provides and regulates the procedure for an appeal or complaint in administrative proceedings, besides safeguarding the right of the offeror to appeal to the relevant judicial body; are very few cases these challenges or claim, either administrative or judicial proceedings, according to the grounds specified in the above Act, since they consider it to perform in the administrative complaint will not get any results because there is conflict of interest between the authority and issued its criteria to declare a winning bidder improperly, leading to doubts about his impartiality and challenge the act in administrative proceedings involving the extensive course of time, preferring to leave it that way since also consider that it will not do and nothing more will be a waste of time. Faced with this problem you need to think and to pursue short-term solutions, so that public investment is efficient, and reduce and eliminate corruption in the awarding of public contracts, by introducing legal reforms where it is established, that who solves challenges in administrative proceedings is an independent agency who perform pre processing in this way there is no conflict of interest, favoritism, moorings, whether to avoid any kind of irregularity tending to harm the state and administered.

• Egile nagusia: Rivas Guamán., Camilo Hernán (author)
• Formatua: bachelorThesis
• Hizkuntza: spa
• Argitaratua: 2016
• Gaiak: LAS IMPUGNACIONES EN LOS CONTRATOS PÚBLICOS; DERECHO; IMPLEMENTACIÓN DE UNA UNIDAD ESPECIALIZADA; ANÁLISIS
• Sarrera elektronikoa: http://dspace.unl.edu.ec/jspui/handle/123456789/13244