Legal Framework
According to the provisions of Article 7 of the Organic Law of the National Public Procurement System, the "National Public Procurement System (SNCP - acronym in Spanish) is the set of principles, rules, procedures, mechanisms and organized relations oriented to planning, programming, budgeting , control, manage and perform the execution of procurement by the contracting entities. Are part of SNCP all entities subject to the scope of this Act. "
In the SNCP, the National Public Procurement Service (SERCOP) is the governing body, which was created to assure that public procurement complies with the principles of lawfulness, fairness, equality, quality, technological effectiveness, timeliness, concurrency , transparency, openness and national participation.
The SERCOP was created by the Organic Law Reform to the Organic Law of the National Public Procurement System (LOSNCP - acronym in Spanish) by the National Assembly after it was published in the Official Gazette No. 100 of October 14, 2013.
Article 2 of the aforementioned Law provides that are subject to the specific rules, under selectivity criteria, the pre-contract procurement procedures corresponding to "drug procurement by entities providing health services, including the Ecuadorian Social Security Institute ".
Also, from Article 72 and on, of the General Regulation of the Organic Law of the National Public Procurement System (RGLOSNCP - acronym in Spanish) special arrangements for the purchase of drugs are established, specifically in Article 78 it is described the special procedure for Corporate Reverse Drugs Bidding (SICM - acronym in Spanish).
The National Public Procurement Service (SERCOP- acronym in Spanish), as determined by the regulation, coordinates the corporate bidding process and subsequent cataloging or incorporation of the items awarded to the Drugs e-Inventory, so that purchase orders could be made electronically.
Whereas, contracting entities will be the institutions that encompass the Public Integral Health Network (RPIS):
• Ministry of Public Health.
• Ecuadorian Institute of Social Security
• Social Security Institute of the Armed Forces
• Social Security Institute if the Police.