AFECTACION DE LA CONMUTATIVIDAD DE LOS CONTRATOS DE OBRA EN EL DECRETO LEGISLATIVO 1486 Y LA DIRECTIVA N° 05-2020-OSCE
ABSTRACT: The State Procurement Supervisory Agency has begun the reactivation of the works, according to the second transitory supplementary provision of Legislative Decree No. 1486 and Resolution No. 061-2020-OSCE / PRE that approves Directive No. 05- 2020-OSCE; In order to formalize the reactivation of the works paralyzed by the COVID-19 State of emergency, they are mandatory, both for the entity and for the contractor, the latter must submit its request for an extension of the exceptional term of the work contract, quantifying the The term required for the completion of the work and the total amount of the costs for the activities pending execution, the COVID-19 sanitary protocol, not foreseen at the time of signing the work contract. The budget for this exceptional term extension will have the same work budget, the public treasury will not disburse a budget. For the reactivation of the paralyzed works, the modification of the initial contractual conditions agreed between the contractor and the entity is indisputable. Provided in Art. 34.1 the origin of the modification and Art. 34.10 other modifications of the Law on State Procurement, this amendment has not been considered by the OSCE Directive. In this sense, the article intends to describe the implications of the provisions of the OSCE Directive in the work contract and determine that this normative document violates the commutativity of the contract that appears was agreed between the parties -the entity and the contractor- for the execution of the work. Key words: Contract, Commutativity, Modification, Legislative Decree No. 1486, Directive No. 05-2020-OSCE, COVID-19