Responsabilidad de la máxima autoridad de la entidad contratante por el incumplimiento de la publicación del plan anual de contrataciones

Abstract:

The Annual Contracting Plan, in addition to legal requirements, is a tool to organize Public Administration at one time, all the financial and administrative elements in attempts to meet the goals and objectives set by certain public entities. It is related to the objectives of the National Development Plan, regional plans, provincial, local or institutional, which must be provided in the works, goods or services, including consultancy, looking to engage the following year by the public contract system. This plan must be approved and published by the contracting entity, through the decisive authority or his delegate, so that providers can access the requirements and intervene in the process, with clear rules. Organic Law of the National Public Contract (LOSNCPub), in its Article 22 provides: "The contracting entities to meet the objectives of the National Development Plan, its objectives and institutional needs, formulate the Annual Contract Plan with the correspondent budget. Contracting entities are legally required to publish the Annual Procurement Plan within the first fifteen days of January. Some contracting entities do not fulfill their obligation to formulate and publish the Annual Contract Plan, either on their own website or in the National Institute of Public Contract. This omission causes injury to the public entity concerned, and to the State, limited on its ability to formulate and implement its National Development Plan, and natural or legal persons from the private sector, registered as suppliers, which are constrained in their ability to offer their products and services to those public entities in the most favorable conditions for contractors and, finally, generates legal uncertainty, affects the due process in the administrative contract process, violating the constitutional rights to freedom of work, free employment and legal and transparent competition.

Año de publicación:

2011

Keywords:

• Administracion pública
• Contratos Publicos
• Derecho administrativo
• Contratos Administrativos

Fuente:

rraae