Análisis jurídico de términos de referencia y/o especificaciones técnicas en contrataciones públicas en las entidades de salud, regentadas por el Ministerio de Salud Pública, de conformidad con lo que establece La Ley Orgánica del Sistema Nacional de Contratación Pública del Ecuador.

Abstract

In Ecuador The Organic Law of the National System of Public Procurement, establishes through planning, budgets, schedules, administrative controls, execution controls in acquisitions of goods and services for public works executed with the resources of the Ecuadorian state, in which they determine legal principles that are fundamental in the development and procedures established in this Law. The Ecuadorian State through various offers provided by suppliers, whose fundamental purpose is that the Contracting Entity in the Country obtain a better service and quality product, at an optimal price for the State; applying the principle of concurrency, that is to say total transparency in all the procedures carried out in public procurement, in this way guaranteeing quality and price. The Organic Law of the National System of Public Procurement of Ecuador, has established regulations of specific type in certain types of procedures in public procurement, as stipulated in article 2 of this Law mentioned above; in which there is a Special Regime, justifying the application in public contracting directly with the contracting state through a Public Purchasing portal, efficiently managing the verification of offers applied by suppliers. As well as the evaluation of the civil, legal, contractual and noncontractual liability related to the increase of costs and deadlines in the project by the suppliers. Chapter I: Principles in public procurement; Chapter II: Legal analysis of procedures. Chapter III: Principle of concurrence, Preparatory stage; Chapter IV: Application of terms of reference; Chapter V: Pre-contractual stage in the Public Purchase Portal; and, Chapter VI: Conclusions and Recommendations.