Purpose of the relevance report by the General Controller's Office before initiating public Procurement Processes

Abstract

This article examines the analysis of the Informe de Pertinencia y Favorabilidad issued by the Office of the Comptroller General of the State (CGE) as part of the public contracting process in Ecuador. Based on a study of current legislation and legal doctrine, the paper examines whether said Report fulfills its intended role as an ex-ante mechanism, considering the overlapping competences of other entities, such as the National Public Procurement Service (SERCOP). Grounded in the constitutional provision that mandates the assurance of the quality of public expenditure per the National Development Plan a mandate reiterated in the Organic Law of the National Public Procurement System (LOSNCP) the paper argues that the existing number of oversight bodies and normative instruments is, in principle, sufficient to exert control over public procurement procedures. Consequently, the introduction of the Report on Relevance by the CGE, following the 2021 reform, raises questions as to the true purpose and utility of this mechanism.