Principios En La Contratación Pública Y La Discrecionalidad Al Evaluar Ofertas En Procedimientos De Subasta Inversa Electrónica.

Abstract

The Subasta Inversa Electrónica -SIE- is a fundamental tool in Ecuadorian public contracting, aimed at guaranteeing the optimization of public spending under principles of transparency, efficiency and equity. However, the exercise of administrative discretion during the bid evaluation stage presents significant challenges that expose objectivity and legal certainty in these processes to risks. This research analyzes the regulatory deficiencies related to administrative discretion of the Technical Commission in the issuance of pre-contractual qualification reports during the pre-contractual phase and its impact on the transparency and efficiency of the process. Through a legal-critical approach, it identifies regulatory gaps that foster arbitrariness and compromise the guiding principles of public contracting. It is concluded that it is necessary to establish clear guidelines to regulate the use of discretion, promoting motivated and well-founded decisions. In addition, the paper proposes normative recommendations to strengthen confidence and legal security in Ecuadorian public contracting.