Sustainable public purchases: Apart from Addiction
To begin this Paper, we make it clear that the public procurement system in Ecuador was prepared with the purpose of perfecting the procedures for the execution of public sector goods, works and services, in order to achieve an ideal administration of state fundsand the decrease in the risks that may occur in those public purchasing processes by the contracting entities.
It is also clear that a public purchasing system is a set of norms, principles, policies, procedures and practices with respect to the different phases of the procedure and programming;A purchase, provider selection procedures, contract award and contract execution and management.
On the other hand, expense policies can influence the growth of a State by several alternatives, focusing on a specific way, the promotion of the production and marketing of more appropriate goods and services in social and environmental terms [Footnoteref: 2]. Therefore, the Organic Law of the National Public Procurement System (LosCNCP) was established in Ecuador, being a contracting system for state entities, as well as for those private entities that have public financing. With this legal framework, articulation and harmonization is intended in all instances, organizations and institutions in the fields of planning, programming, budget, control, administration and execution of the acquisitions of goods, services and execution of works that are carried out with fundspublic.
While Ecuador has an institutional and regulatory framework on the notably modern public purchase system, with a strong tendency towards the massive use of electronic means such as the public purchasing portal that is key when carrying out these administration processes, they serve asSupport and/or medium for carrying out transactions with the public sector.
Taking into consideration the above, it is obvious that there are a proposal to use public purchases with criteria in a social and environmental way specifically. Those responsible for hiring, currently, present difficulties in incorporating these sustainable criteria in public purchases, so it is intended to prepare a tool to have a better knowledge of sustainable public purchase, or better known as CPS according to the frameworkcurrent legislative. Likewise, the contribution of technical, legal arguments and motivate the inclusion of sustainable clauses in hiring is of vital importance, so that the public sector becomes a benchmark of responsible consumption.
Sustainable public purchase (CPS) is a tool of great value that helps us to modify the patterns of consumption, production and promotion of markets for sustainable products. These, in addition, can be used as a vehicle to strengthen the fulfillment of certain existing legislation in environmental and social matters, and it is sought to contribute to the fulfillment of national policies and priorities in terms of efficiency in spending and sustainable development complying with theObjectives of the Development Plan, National, Constitution, Sustainable Development Goals, etc.
Sustainable public purchases (CPS).
In general, sustainable public purchases (CPS) seek. When redesign policies and procedures, governments can create multiplier benefits internally and throughout society that increase efficiencies, generate energy and financial savings, improve access to public services and create better working conditions. CPS serve as a key policy promoter that allow governments to reform markets through their purchasing power and the influence of their regulation.
Sustainable public purchasing policy.
This policy is based on the project of “stimulation of the supply and demand of sustainable products through sustainable and eco-eco-stage public hiring SSPEL”. This sustainable public purchasing policy in Ecuador will materialize the national strategic objectives, as well as guarantee the quality of public spending potentializing the pillars of social and inclusive order, the promotion of national production and MSMEs, minimizing environmental damage and maximizing thesocial profitability.
This, in turn, is committed to the integration of the sustainability criteria in the acquisitions of goods, works and services carried out by public entities. In turn, it recognizes the role of the private sector to develop and innovate in its productive processes and generate a culture of responsible production with the environment and the social sphere.
Another important point of this policy is innovation in public hiring through programs aimed at promoting the knowledge society that has been named since the birth of the sumak kawsay, breaking the technological dependence, promoting economic, environmental and social development with the generation with the generationof employment and the impulse to national production through public purchases.
It is necessary that the incorporation of sustainable criteria in public purchases will bring innumerable benefits for Ecuador tied to better environmental performance such as the reduction of CO2 emissions, water saving, light and other types of resources, but also incentives forInnovation, entrepreneurship, health and security, labor rights and social inclusion.
Regarding the implementation of this policy, it gives us two moments that are defined as: short and long term.
- The short -term is intended to disseminate the incursion into CPS clanged in the current strengths and potential.
- The long -term the consolidation of the CPS policy in Ecuador with the monitoring of the objectives of the pilot plan that is the short term, the innovation of the electronic catalog computer tool with sustainability criteria (sustainable electronic catalog),The expansion of the technical product repository that includes sustainable attributes, the methodology for analysis and incorporation of sustainable products or services, among others.
AT INTERNATIONAL LEVEL.
The word "sustainability" and its nature had emerge at the United Nations Conference on the Environment and Development held in Rio de Janeiro in 1992, where it was recognized that sustainable consumption and production correspond to a subject of primary discussion. After having elapsed ten years from the Rio Conference, world leaders signed the Johannesburg implementation plan.
In addition, as a consequence of the world summit that was carried out for the sustainable development of 2002, this resulted in the “Marrakech process”, where I seek to incorporate sustainable criteria in the hiring of the states that subscribe this process. Likewise, the Plan consisted of preparing a 10 -year programs framework to accelerate change towards consumption and sustainable production to promote economic and social development within the capacity of support of ecosystems, through the self-confidence of economic growth of economic growth fromEnvironmental degradation.
On the other hand, at the 2012 Earth’s Summit called Rio +20, the heads of States strengthened their commitment to propose sustainable consumption and production patterns adopting the decenal framework of sustainable consumption and production programs as indicated in several agreements.
In this sense, the millennium development objectives (SDGs) are the purpose of human development set by the 189 current member countries of the United Nations. In this declaration, the problems of everyday life that are considered serious or radical are treated. Likewise, the Member States carried out an evaluation of the progress made, extending the list of objectives that are now called the "Sustainable Development Goals"
Similarly, the sustainable objective does not. 12 details the following: "Ensure sustainable consumption and production modalities". This objective of consumption and sustainable production is to make things more and better with lower resources used, which this increases the net welfare gains of economic activities that are based by reducing the use of resources, degradation andPollution throughout the life cycle, at the same time achieving a better quality of life. Even the SDG in the no. 12 inc. 7 establishes that specifically governments must propose to ensure public purchasing practices that are sustainable and alienated with national policies and priorities.
NATIONAL SCOPE.
Since 2008, the country has a new constitutional text that incorporates innovations for public procurement and its management in public policies. A substantial change that accompanies this mandate is theNCP, which provides for the centralization of purchases in a national system.
- Art. 288 CRE. – Public purchases will comply with criteria for efficiency, transparency, quality, environmental and social responsibility. National products and services will be prioritized, in particular those from the popular and solidarity economy, and from micro, small and medium productive units.
The concept of CPS is explicitly mentioned in the Constitution of the Republic of Ecuador. While there is no specific CPS standard yet, the current legal framework allows the incorporation of sustainable criteria. When initiating CPS policy initiatives, the Ecuadorian State would not have to be forced to initiate a path of legal reform. It should be noted that the Constitution of the Republic of Ecuador of the year 2008 positions planning and public policies as mechanisms for achieving the objectives of what good living (Sumak Kawsay) and the guarantee of rights calls. The State, through the National Government, has assumed as a priority the eradication of poverty, the promotion of sustainable development and the equitable redistribution of resources and wealth as fundamental conditions to achieve good living.
Article 280 of the Constitution of the Republic of Ecuador determines that the “National Plan for Good Living” is the instrument in which public policies, programs and projects, the programming and execution of the State Budget are subject, and theinvestment and assignment of public resources. The plan signs it to a process of structural transformation of Ecuador in the long term.
Within the 11th objective of the 2009 – 2013 National Plan, the National Government proposed as a goal “(…) to establish a social, solidarity and sustainable economic system”;And, as a policy 11.2, "(…) Expand and make public purchases more flexible, giving priority to rural and urban associative suppliers, in particular to women and people from priority care groups…”. The aforementioned National Living Plan has incorporated the following goals:
- Promote economic activities that allow generating and conserving decent works, and contributing to the achievement of full employment prioritizing historically excluded groups.
- Promote youth work in decent and emancipatory conditions that enhance your abilities and knowledge.
- Deepen access to decent conditions for work, the progressive reduction of informality and guarantee compliance with labor rights
- Establish and guarantee the sustainability of self-consumption and self-support activities, as well as human care activities with rights and gender approach.
- Strengthen occupational training schemes and articulated training to the needs of the work system and increased labor productivity ”.
For the 2013-2017 period, the National Government has been raised, consolidating this system, deepening the reunion with nature (Objective 8 of the 2013-2017 national bread). The instruments that the State has for this transformation are, mainly, public resources and economic regulation. The State must guide public and private resources sustainably to generate economic growth and achievements in employment, reduction of poverty, equity and economic inclusion.
Public purchases and the way they are carried out can have multiple economic, social and environmental implications. Government acquisitions can be used as a policy tool to promote various economic objectives (stimulating certain types of companies and sectors considered strategic, as well as the development of regional and local economies), environmental (facilitating production processes consisting of environmental sustainability)And social.
Public hiring not only becomes the instrument of acquisition or leasing of goods, works and services by citizens, but it is also, as has previously stated, a public policy tool that allows the effective fulfillment of the principlesStatements in the National Plan for Good Living or also called the National Development Plan.
BIBLIOGRAPHY.
- Organic Law of the National Public Procurement System. Official supplement registration no. 395 of August 4, 2008.
- Lisbeth Casier, Richha.
- Regulation to the Organic Law of the National Public Procurement System. Official supplement registration no. 588 of May 12, 2009. Porras Velasco, to. And Romero Larco, J. (2012) Ecuadorian Constitutional Jurisprudence Guide. Volume i. Quito – Ecuador, Center for Studies and Dissemination of Constitutional Law.
- Santiago Peña Ayala, Analysis of the Legal Public Purchase Framework in Ecuador: Opportunities and Barriers for the Incorporation of Sustainable Criteria 2016, Quito.
- Sercop, sustainable public purchasing policy: project “Stimulation of the supply and demand for sustainable products through sustainable and eco-echo-echo-echo-echo public omers-Sppel”.
- A/conf.216/5 Annex of the letter dated June 18, 2012 addressed to the Secretary General of the United Nations Conference on Sustainable Development by the Permanent Representative of Brazil before the United Nations.
- Constitution of the Republic of Ecuador. Official registration no. 449 of October 20, 2008.
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