Mecanismos de control en la ejecución de obras públicas
In the management of supply, problems may arise that prevent having an adequate contract for the fulfillment of the public purpose that all public procurement seeks. These problems can be identified in the preparatory phase, in the selection and award phase, as well as in the contractual execut...
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| Format: | Article |
| Language: | Spanish |
| Published: |
2021
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=8040783 |
| Source: | Gabilex: Revista del Gabinete Jurídico de Castilla-La Mancha, ISSN 2386-8104, Nº. 25, 2021, pags. 516-566 |
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| Summary: |
In the management of supply, problems may
arise that prevent having an adequate contract for the
fulfillment of the public purpose that all public
procurement seeks. These problems can be identified in
the preparatory phase, in the selection and award phase,
as well as in the contractual execution, differently
affecting the contracting process as a whole, depending
on the level of incidence and intensity that they present.
From this perspective, the present study deals with
public contracting of works, specifically focusing on the
contractual execution phase. Attention to this
contractual object is justified by: the volume of public resources that it involves, the complexity that it
supposes due to the involvement of technical aspects
and construction parameters, and a special concern for
a contractual object that, apparently, has received little
attention from the Administrative Law and academic
literature from outside engineering.
Thus, throughout the study, we identified some aspects
of the execution of the work, the functionality of which
will be relevant in order to have a well-executed
infrastructure, within the foreseen terms, reducing the
foreseeable risks and guaranteeing the proper use of
State resources. Likewise, we describe the contingencies
that affect the contractual execution and we propose
some control mechanisms focused mainly on the
supervision of work or optional management as the
agent responsible for the contract.
In this way, we not only provide a diagnosis in the sense
of identifying and describing the problems detected in
the execution of the work, but we also reach proposals
on how to minimize risks, so that the economic operator
complies with its contractual services, adhering to the
technical file , the specifications and the technical
specifications |
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