DISEÑO DE UNA PROPUESTA SOBRE DIRECTRICES DENTRO DE LA ETAPA PRECONTRACTUAL PARA CONTRATACIONES DIRECTAS Y SU INCIDENCIA EN LA CALIDAD DE SERVICIO AL ESTADO ECUATORIANO

Abstract

The case study presents the reality of direct public contracting within the oil and gas industry under a special regime, with flaws in the pre-contractual stage, resulting in deficiencies in the execution of the contracted service that affect the quality of the service provided to the Ecuadorian State. Given this scenario, the objective of this study is to analyze and identify possible shortcomings or deficiencies in the current regulations governing these public contracts, and to propose an improved design of guidelines to raise the level of the contracting process and reduce its weaknesses. The methodological approach of the study focuses on qualitative research, through the review of the regulations to the current contracting rules of EP PETROECUADOR, as well as reports issued by the control entity on special examinations of direct contracting processes of this public company, in order to link the observations of the Government Accountability Office with the shortcomings in the applicable guidelines. The comparison between the observations resulting from the audits versus the current contracting regulations showed as main result that the current guidelines are incomplete and imprecise, confirming that the Regulation presents contractual gaps that diminish the value of the fruit of the contracting. It is concluded that the high management of the public company should prioritize a thorough review and update of the current regulations, with the main purpose of providing a real and transparent benefit to the citizens.