Contratación pública en tiempos de emergencia.

Abstract

The present degree work prior to obtaining a degree as Lawyer of the Courts and Tribunals of the Republic of Ecuador, is to analyze public procurement in times of emergency in Ecuador, including its usefulness as an exceptional procedure to overcome situations generated by unforeseen events or force majeure that justify said hiring; or, if this mechanism has simply been used to evade the procedures and requirements that must be met as established in the Ley Orgánica del Sistema Nacional de Contratación Pública. What is considered an emergency situation will be studied and also, it will be studied and examined whether within our legal system there are legal gaps in the exceptional procedure for contracting in emergency situations. The sanctioning attribution of the Servicio Nacional de Contratación Pública (SERCOP) and its scope of control in contracting in emergency situations will also be reviewed, in order to recommend a legal reform that guarantees an agile and permanent supervision of emergency declarations by the SERCOP.