La cláusula de ajuste de precio y la contratación pública en Ecuador

Abstract

The national public procurement system is the tool used by the State to plan, acquire goods and services, and execute infrastructure works; in this sense, this regulation must be in accordance with the constitution, civil code, and other laws, but also that it is practical and in harmony with the knowledge generated by international organizations dedicated to project management. Thus, this academic article analyzes the conflicts between parts of the same norm and how this violates certain principles established in public procurement and the constitution. It also explores how this affects suppliers and the State itself. In order to ensure that public procurement is fair and that a more significant number of interested parties participate in public procurement processes, possible solutions are proposed that the legislator could take as a reference to adjust the regulations.