La falta de presentación de la garantía de fiel cumplimiento en los contratos cuya cuantía es menor al multiplicar el coeficiente 0.000002 por el presupuesto del Estado y su incidencia en el cumplimiento de las obras contratadas

Abstract

The objective of this research is to justify and determine if there is a legal provision that allows the State to guarantee the execution of the works in contracts whose amount is less than multiplying the coefficient of 0.000002, to analyze if, as currently, Article 74 is being drafted. fifth of the Organic Law of the National System of Public Procurement guarantees that the contractors execute a work correctly, and determine if article 74 should be reformed the fifth paragraph of the Organic Law of the National System of Public Procurement; the background of Constitutional Law, as well as legal norms and the Constitution were analyzed; the investigation has the backing in the Magna Carta, Organic Law of the National System of Public Procurement and its Regulation, is proposed the amendment of Article 74 the fifth paragraph of the Organic Law of the National Public Procurement System in order to demand the guarantee in contracts whose amount is less than multiplying the coefficient 0,000002 by the initial budget of the State of the corresponding fiscal year, in this way guaranteeing the state treasury