REFORMAS A LA LEY DEL SISTEMA NACIONAL DE CONTRATACIÓN PÚBLICA, INSTITUYENDO QUE LOS RECLAMOS ADMINISTRATIVOS POR APLICACIÓN DE LA LEY SE TRAMITEN ANTE UN JUEZ CONSTITUCIONAL

The Public Procurement System in Ecuador since the enactment of the Organic Law of the National Public Procurement System in 2008, has undergone major changes in government procurement processes, whether these supply concession, public works, services and consulting and contracting processes diversifying currently being carried out compulsorily electronically, this is the Public Procurement Portal. The procedures are characterized by place in two stages; the first is a pre-contractual stage where technical studies are done, hiring authorization, calls, submission of bids and selection of bidders or award according to each procedure; and the contractual phase with which the contract is concluded. In the pre-contractual stage is the duty of the Public Administration and bidders, suppliers or bidders acting in the framework of good faith and transparency in either tenders or preformed, as the contracting entity to ensure equality, participation anyone interested in contracting with the government, and objectivity in the selection. The objective criterion should focus on compliance issues, expertise, materials, equipment and prices, never on subjective, such as preference for sympathy, friendship or any other similar factors. 5 If bidders feel dissatisfaction with the administrative act of selection or award, the article 102 of the Organic Law of the National Public Procurement System it has established the power to propose an administrative claim with the same administration. As described the constitutional principle of due process established in Article is violated 76 of the Constitution of the Republic of Ecuador, which provides legal guarantees such as the right to defense, which in turn is shaped by the principle of independent, impartial and competent court, as the administration becomes judge and jury.