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This program is intended for engineers, architects, and other professionals interested in deepening their knowledge and skills in the legislation and contractual aspects involved in the subscription, execution, and closure of public construction contracts. The Organic Law of the National System of Public Contracting, its regulations, the Resolutions of SERCOP, and the construction contract models are designed to protect public entities and preserve their interests to the detriment of what could be the rights of a construction contractor under a balanced bilateral contract. It is for this reason that it is necessary to analyze in detail the different elements involved in a construction contract, from its conception to the definitive handover of the work to understand how a private entrepreneur/contractor can protect themselves against the exorbitant powers of the State.
Alignment with the SDGs:
The program is designed and directly aligned with the following SDGs:
- SDG 9: Industry, Innovation and Infrastructure
- SDG 16: Peace, Justice and Strong Institutions
- SDG 17: Partnerships to Achieve the Goals
Online
24 academic hours in real-time via Zoom with an instructor
Mondays and Wednesdays: 6:00 PM - 8:00 PM
General Public Rate: $380
Early Bird Rate: $340 (until May 16)
Group Rate (3 people): $360 each
USFQ Community Rate: $345
General Description
Objectives
- To train the participant in the knowledge and mastery of the Organic Law of the National Public Procurement System (LOSNCP) and its Regulation, as well as other auxiliary or related norms that concern the designer, the supervisor, and the (public) administrator of a construction contract, such as the Law of Professional Practice of Engineering, the Consulting Law, and the Internal Control Standards of the Comptroller General of the State.
- To familiarize the participant with the cycle of a bidding process and the precautions and provisions to be taken at the pre-contractual stage when preparing the bid, negotiating and signing the contract, carrying out the work, and completing it.
- To train the participant in the development and support of Special Engineering Exams carried out by the Comptroller General of the State, particularly in the areas and aspects that generally result in observations/remarks.
Target Audience
The program is aimed at:
- Contract administrators, civil engineers, and other specialties, architects, and even managers, entrepreneurs, and lawyers who execute or plan to execute or participate in the execution of contracts for the execution of public works (civil works and mechanical or electrical works such as roads, bridges, roads, sewerage, drinking water, power lines, substations, public lighting, housing, buildings of all kinds, etc.) with the Ecuadorian State and/or sectional, provincial, or autonomous governments as clients.
Graduate Profile
Professionals who complete the program will be able to:
- Participate in a public works tender with full mastery of the precautions and provisions to be taken to comply with the tender process requirements.
- Administer a public works construction contract with a clear perspective and understanding of the rights and obligations of the parties involved, as well as the contractual and legal opportunities and risks faced by a contractor.
- Respond appropriately and documentedly to requests for information and/or questions that may arise from the General Comptroller's Office when examining the executed or ongoing work.
Learning Outcomes
| # | Learning Outcomes | Level |
|---|---|---|
| 1 | Understand the contracting modalities contemplated in the LOSNCP and become familiar with other legal bodies that are important or have implications in the development of a construction contract. | Medium |
| 2 | Identify, analyze, and understand the implications of the main articles of the LOSNCP and its Regulation that have a direct impact on the execution of a construction contract. | High |
| 3 | Understand the elements that make up a tender document, its content, and the main precautions and provisions to be taken when participating in a tender and submitting a bid. | High |
| 4 | Identify, analyze, understand, and know the implications of each clause of a public works construction contract in Ecuador. | High |
| 5 | Develop and apply a polynomial price adjustment formula. | High |
| 6 | Understand the cycle or process of a Special Engineering Exam of the General Comptroller's Office and the implications this has when executing the work and participating in such Special Exam. | High |
Content
MODULE I. Legislation Relevant to Construction Contracts
Duration: 4 hours
To understand the contracting modalities contemplated in the LOSNCP and to become familiar with other legal bodies that are important or have implications in the development of a construction contract.
Module Content:
- Contracting modalities for goods and services
- Organic Law of the National Public Procurement System and its Regulation (general)
- Law of Professional Practice of Engineering
- Consulting Law
- Internal Control Standards of the Comptroller General of the State
MODULE II. Organic Law of Public Procurement and its Regulation
Duration: 4 hours
Learning Objective: To identify, analyze, and understand the implications of the main articles of the LOSNCP and its Regulation that have a direct impact on the execution of a construction contract.
Module Content:
- Discussion and analysis of each and every article of the LOSNCP and its Regulation that are relevant and have direct implications in the execution of a construction contract.
MODULE III. Tender Documents and Bids
Duration: 4 hours
Learning Objective: To know the elements that make up tender documents, their content, and the main precautions and provisions to be taken when participating in a tender and submitting a bid.
Module Content:
- Content of Tender Documents - Invitation to Bid - General Conditions - Specific Conditions - Forms - Specifications - Plans - Studies.
- National Participation
- Certifications
- Commitment Letters
- Contents of Bids
MODULE IV. Construction Contract
Duration: 6 hours
Learning Objective: To identify, analyze, understand, and know the implications of each clause of a public works construction contract in Ecuador
Module Content:
- Analysis and discussion of the main clauses that make up a contract and their importance and implications:
- Documents comprising the contract
- Price or Term
- Object
- Insurance / Guarantees
- Advance Payment / Payment Method
- Obligations and Rights of the Parties
- Release and delivery of Areas / Expropriations
- Custody
- Provisional Acceptance / Final Acceptance
- Unilateral Termination
- Documentation / Data Book
MODULE V. Polynomial Price Adjustment Formula
Duration: 4 hours
Learning Objective: To develop and apply a polynomial price adjustment formula, understand the difference between a provisional adjustment and a definitive adjustment, and adjustment at the end of the project. Understand the application of adjustments applicable to complementary contracts.
Module Content:
- Unit Prices
- INEC Indices
- Development of the polynomial price adjustment formula
- Application of provisional adjustment
- Application of definitive adjustment
- Application of adjustment for complementary contracts
- Application of adjustment at the end of the contract
MODULE VI. Special Examinations by the General Comptroller's Office
Duration: 2 hours
Learning Objective: To understand the cycle or process of a Special Engineering Exam by the General Comptroller's Office and the implications this has when executing the work and participating in such Special Exam.
Module Content:
- Notification / Start of Examination
- Examination Process
- Notification of provisional results / draft
- Report
- Determination of Responsibilities / Remarks / Review Appeal
- Contentious-administrative processes
Instructor
Esteban Izurieta
Professional with 30 years of experience in contractual administration of large infrastructure projects in Ecuador and abroad, having held the position of Contractual Administration Manager for 6 projects with a total contracted amount of US$ 2.621 billion. Independent consultant handling 19 contentious-administrative processes related to 7 public construction projects with a total contracted amount of US$ 1.278 billion.
Schedule
| Month | Day | Hours | Schedule | Module | Topics | |
|---|---|---|---|---|---|---|
| June | 17 | Monday | 2 | 18:00 to 20:00 | Module 1- Legislation Relevant to Construction Contracts |
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| 19 | Wednesday | 2 | 18:00 to 20:00 |
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| 24 | Monday | 2 | 18:00 to 20:00 | Module 2- Organic Law of Public Procurement and its Regulation | Discussion and analysis of each and every article of the LOSNCP and its Regulation that are relevant and have direct implications in the execution of a construction contract. | |
| 26 | Wednesday | 2 | 18:00 to 20:00 | |||
| July | 1 | Monday | 2 | 18:00 to 20:00 | Module 3- Tender Documents and Bids | Content of Tender Documents - Invitation to Bid - General Conditions - Specific Conditions - Forms - Specifications - Plans - Studies. National Participation |
| 3 | Wednesday | 2 | 18:00 to 20:00 |
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| 8 | Monday | 2 | 18:00 to 20:00 | Module 4- Construction Contract | Analysis and discussion of the main clauses that make up a contract and their importance and implications:
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| 10 | Wednesday | 2 | 18:00 to 20:00 | |||
| 15 | Monday | 2 | 18:00 to 20:00 | |||
| 17 | Wednesday | 2 | 18:00 to 20:00 | Module 5- Polynomial Price Adjustment Formula |
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| 22 | Monday | 2 | 18:00 to 20:00 |
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| 24 | Wednesday | 2 | 18:00 to 20:00 | Module 6- Special Examinations by the General Comptroller's Office |
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Parameters for Certificate Issuance
Evaluation Mechanism
- Module 1: Quiz - 4%
- Module 2: Quiz - 4%
- Module 3: Quiz - 4%
- Module 4: Quiz - 4%
- Module 5: Quiz - 4%
- Module 6: Quiz - 4%
- Zoom Sessions (attendance and participation): Students must attend at least 80% of the sessions - 60%
Certificate of Completion
At the end of the course, participants must achieve a minimum of 80% attendance throughout the program and pass the assessment components with a minimum score of 80%.
If these conditions are met, the Universidad San Francisco de Quito will issue a certificate for the number of academic hours completed.
The Universidad San Francisco de Quito will also provide a digital badge for the academic achievements obtained as a participant. This badge serves as a digital version of the academic certificate and can be shared online more efficiently, serving as a reliable method for real-time certification verification.
Registration
General Public Rate: $380
Early Payment Rate: $340 (until May 16)
Group Rate (3 per): $360 each
USFQ Community Rate: $345
Program payment can be made through the following methods:
STEP 1: Make Payment
Bank Transfer or Cash Payment
Account Details:
Payable to Universidad San Francisco de Quito
Banco Bolivariano
Checking Account No. 5075003350
(RUC: 1791836154001)Payable to Universidad San Francisco de Quito
Banco Pichincha
Checking Account No. 3407330004
(RUC: 1791836154001)
Credit Card
Click on the following PAY HERE and complete the information requested by the form. Upon completion, you will be automatically registered in the system.
With credit cards from Banco de Pichincha, Banco Bolivariano, Produbanco, Banco de Guayaquil, and Banco del Austro, you can access the following financing options: 3, 6, 9, and 12 months interest-free.
STEP 2: Confirm Your Payment
If you made payment by Bank Transfer or Deposit, please send a copy of the deposit receipt (scanned) and your personal details (full names, ID number, phone, and address) to the following email: rordonez@usfq.edu.ec
* If you require an invoice with different details than the participant's, please specify the following details in the email (business name, RUC/ID number, phone, address, and email).
If you paid by Credit Card, there is no need to confirm your payment, as the system will automatically register your details.
STEP 3: Registration Confirmation
You will receive a registration confirmation email with relevant course information.
* The program coordination reserves the right to suspend or reschedule the activity if it does not have the minimum required number of students or due to force majeure reasons. In such cases, enrolled students will be refunded the full amount as soon as possible.
