The Post-Contractual Phase in Public Procurement in Ecuador: Approaches, Activities and Legal-Administrative Responsibilities

Abstract

Introduction. Despite its regulatory recognition, the post-contractual phase in Ecuadorian public procurement constitutes a weak link in the procurement cycle, limiting the realization of sustainable public value. This systematic review aimed to comprehensively analyze its conceptual approaches, regulatory framework, operational activities, legal and administrative responsibilities, and main challenges. Materials and Methods. The PRISMA 2020 methodology was followed, with searches in academic databases and institutional repositories. Forty-eight documents (articles, regulations, technical reports, theses) published between 2008 and 2024, addressing the post-contractual phase in the Ecuadorian context, were included. The data were extracted and narratively synthesized into predefined thematic categories. Results. The phase is conceptualized as a comprehensive process that goes beyond the initial receipt of goods or services, aimed at ensuring the sustainability of public value. Its regulatory framework is robust (COA, LOSCP), but its operational effectiveness is limited by a lack of technical capabilities, fragmented information systems, and an administrative culture focused on formal compliance. Key asset management and evaluation activities were identified, as well as critical legal risks such as latent defects and economic imbalance, which require proactive management mechanisms. Discussion: A significant gap exists between the legal framework and administrative practice. The findings reflect interrelated systemic challenges that require a comprehensive strategy. Conclusions: A state policy is needed to strengthen this phase through the development of operational protocols, integrated information systems, specialized training, and the promotion of a culture of evaluation and accountability.