La importancia de los contratos por emergencia en Ecuador y los desafíos para garantizar transparencia y eficacia en la función pública

Abstract

This paper analyzes public procurement in emergency situations in Ecuador, assessing its weaknesses and proposing improvements to ensure more efficient and transparent management. It aims to identify structural and regulatory flaws in the emergency procurement procedure and suggest reforms to reduce corruption risks and improve state oversight. The research focused on the current regulatory framework, with particular emphasis on the Organic Law of the National Public Procurement System and its Regulations. An analysis was also conducted through interviews with public procurement experts to understand the conflicts that may arise regarding the application of these procedures and their effects on transparency and competitiveness. A descriptive and qualitative methodology was used, combining documentary analysis with semi-structured interviews with experts in the field. The results show that, although emergency contracting is essential for a rapid state response, there are significant deficiencies in its implementation, such as a lack of ex ante oversight, discretion in awarding contracts, and poor process traceability. It is therefore concluded that a comprehensive reform of emergency public procurement regulations is necessary, including preventive audits, greater oversight by regulatory bodies, standardization of supplier selection criteria, and the implementation of detailed accountability to improve transparency and efficiency in the use of public resources.