The claim for violation of the rights of the bidders in the qualification of offers of the electronic reverse auction processes in Azuay - 2021

Abstract

In many public procurement processes, inconveniences may arise on the part of people “who have a direct interest” and feel affected by the contracting entities of the State, by virtue of which, they can present duly motivated claims before the Servicio Nacional de Contratación Pública, (SERCOP). The following study aims to determine and verify the existence of violation of principles and rights of bidders in the bid qualification stage in public procurement processes through electronic reverse auction. In the methodology of this study, the quantitative method and the historical method were used to verify the stages of the proposed topic to corroborate the proposed hypothesis. Also, a documentary review was carried out to collect information regarding the issue raised, which will be obtained from the Sistema Oficial de Contratación del Estado "SOCE". The results found indicate that the claims presented by the suppliers interested in an electronic reverse auction process are affected in the phases of the process and by the antinomies between the “Organic Law of the National Public Procurement System and its General Regulations” considering that the stages of the procedure preclude and the claim procedure is not carried out quickly, leaving many times defenseless, adjudicating the process without having resolved the claim.