ANÁLISIS DEL NUMERAL 12 DEL ARTÍCULO 3 DEL REGLAMENTO DE CONTRATACIÓN PÚBLICA. AFECTACIÓN AL PRINCIPIO DE OBJETIVIDAD

Abstract

Public procurement is a fundamental instrument for satisfying collective needs and ensuring the proper management of public expenditure. Its implementation is governed by principles that guarantee transparency, equal opportunities, and legal certainty. Among these principles, the principle of objectivity stands out, requiring contracting authorities to base their decisions on previously defined, verifiable criteria that are free from subjective assessments. The purpose of this research is to provide a legal assessment of the content and scope of Article 3, numeral 12, of the General Regulation to the Organic Law of the National Public Procurement System, in order to determine whether its application is compatible with the principle of objectivity or whether it introduces elements of discretion that may affect transparency, equal opportunities, and legal certainty in the evaluation and selection of bidders. The study adopts a legal-doctrinal methodology based on normative, exegetical, and documentary analysis of the Constitution of the Republic of Ecuador, the Organic Law of the National Public Procurement System, its General Regulation, and specialized doctrine on public procurement and administrative law. This research seeks to determine whether the provision under analysis respects the limits of regulatory authority and remains consistent with the principle of objectivity, or whether, on the contrary, it may generate administrative discretion that risks undermining transparency and equality within public procurement procedures.