Yuliana del Carmen Rodríguez Maturrano, Gerardo Francisco Ludeña González, Violeta María De Piérola García, Nilton Isaías Cueva Quezada
DOI: 10.59427/rcli/2023/v23cs.3635-3643
One of the most important administrative systems that has the greatest economic movement in the Peruvian government is the national supply system, whose purpose is the provision of goods, services or works; Its governing body being the General Directorate of Supply, which belongs to the Ministry of Economy and Finance. Along these lines, it is necessary to highlight that the National Supply System is made up of the aforementioned General Directorate, the State Contracting Supervisory Body and the Central Public Procurement. The second of them, known as OSCE and is the technical supervisory body in public procurement; However, public entities intervene in the purchasing process in the phases, whose operation is carried out by officials and/or public servants. Correlating the categories of state procurement and the responsibility of public officials, it has been identified that, in the three phases of the contracting process, that is, the preparatory acts, the selection procedures and contractual execution; In the contractual execution phase, it includes several activities, including contract supervision, which aims to ensure correct compliance with contractual obligations. In this sense, the user area designates a representative, who is responsible for the actions carried out by the contractor, that is, in the event of contractual non-compliance, it must manage the application of penalties, which in many cases does not happen. In this context, the question arises as to whether in SEDAPAL the supervision carried out by officials or public servants is an effective management, taking into account that it has an impact that directly affects the society of Lima and Callao, generating the question: How is the supervision of the execution of the contracts entered into by SEDAPAL regarding services and works being carried out? Given the above, the objective was to establish whether the supervision of public contracts for goods and services signed with SEDAPAL is effective under the framework of the State Procurement Law and the applicable regulations. In this work, scientific research articles have been analyzed. The methodology applied was qualitative based on case studies, from a Scoping review, from ten relevant articles related due to their interpretative homogeneity, from fifty scientific articles identified from the SCOPUS, PROQUEST databases; aiming to know the social reality of the supervision of contracts in SEDAPAL, having resorted to the review of four control reports issued by the bodies that make up the National Control System published on the web platform of the control report search engine of the Comptroller’s Office General of the Republic, considering as conclusions that functional responsibility of an administrative and civil nature has been identified of officials and/or public servants linked to the negligence of the fulfillment of their functions by not carrying out an efficient safeguard of compliance with contractual obligations.
Pág 3635-3643, 31 Dec
