Public contracts. What happens when the State does not comply? Contrataciones públicas. ¿Qué pasa cuando el Estado no paga a tiempo?

Abstract

The problems regarding public contracts have focused their interest on the early stages of the process—that is, from the preparatory acts to the contractual execution. However, it is necessary to understand the full cycle. For this reason, in this case we address the problem that occurs in the last stage of this process, namely, the payment process and the delays affecting public providers. It is an attempt to put ourselves on the other side of the counter to display the affectation this situation causes in the expectations of the suppliers, in the image of the State as a contractor that demands able suppliers of goods and services, as well as the risk of corruption that is generated. In this line, the proposal for a solution to this public problem will be known through the application ¡Yo sí cumplo! (I do comply!), which was presented by a working group of civil servants from the State Procurement Supervisory Body (OSCE) during their participation in the Innovation Program for the Transformation of the State dictated by the National School of Public Administration (ENAP).