Especialización en Contratación estatal

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https://hdl.handle.net/11396/3557

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Indebida declaratoria de urgencia manifiesta en la contratación pública y los mecanismos de control para prevenir y sancionar dicha práctica
(Universidad La Gran Colombia, 2023) Lozano Amorocho, Luis Fabián; Pinzón Rodríguez, Marlon Yesid; Torres Guzmán, Aída Lorena; Calle Castillo, Carolina; Calle Castillo, Carolina
The improper declaration of manifest urgency in the celebration of public contracts has serious detrimental consequences for transparency and the effectiveness of control mechanisms. Several investigations have revealed that this practice fosters corruption, discretion, and favoritism in the selection of contractors, limiting competition and accountability. Additionally, it affects the control of public resources and community participation. The lack of planning and the incorrect motivation behind urgency lead to delays, non-compliance, and cost overruns. Factors such as political pressures and lack of oversight contribute to perpetuating this practice.
Riesgos de la supervisión en la fase de ejecución de los contratos de apoyo a la gestión
(Universidad La Gran Colombia, 2023) Mercado Balmaceda, David; Pantaleón Pan, Lizeth; Palacios Muñoz, Nasly Vanessa; calle Castillo, Carolina
Limitación a la discrecionalidad de las entidades en la estructuración de los pliegos tipo en obras de infraestructura de transporte
(Universidad La Gran Colombia, 2023) Orjuela Narvaez, Maritza; Ladino Miranda, Fernando; Calle Castillo, Carolina
With this article we want to demonstrate the effects of the limitation that Decree 342 of 2019 brings with it, respecting the free discretion that the structuring of the standard documents for transport infrastructure works had, by virtue of the above we will carry out a normative analysis, jurisprudential and doctrinal, for which we will make a comparison of two tenders, one before and the other after Decree 342 of 2019, taking the National Institute of Roads "Invías" as study material to see the changes between one regulation and another, with the in order to observe if the objective for which the decree was created is fulfilled, that is, if with it a greater plurality of bidders is achieved, and if the objective selection of the best is fulfilled.
Efectividad de los documentos tipo de infraestructura de transporte en la escogencia de contratistas en proceso de licitación pública para proyectos de ingeniería civil en vías primarias o secundarias
(Universidad La Gran Colombia, 2023) Guerrero Hernández, Betsy Mauren; Melo García, Sandy Julieth; Calle, Carolina
The structural bases of this research article are based on explaining in greater depth, how the accreditation of the experience proceeds in the processes carried out by the consortia, through the "type documents", with the aim of having a priori , all the optional elements in the specifications and draft of the public works contract, which are required within a tender, the necessary components in the development of a work and that through said assessment, state entities have the tools effective and suitable, to verify the requirements for the execution of public works contracts through the information provided in the standard documents.
Indebida fundamentación de la fuerza mayor como causal de la urgencia manifiesta
(Universidad La Gran Colombia, 2022) Guzman Ramirez, Maria Paula; Mazuera Ayala, Paula
State contracting regulates all procedures carried out by State entities, especially contracts entered for the achievement of their purposes. It is mainly regulated by the General Statute of Contracting of the Public Administration -Law 80 of 1993-, which includes the denomination of the contracts, the principles applicable to them, the special prerogatives they contain, as well as the different modalities under which the contractors may be selected to execute the contract in question together with the state. Direct contracting is one of the exceptional modalities, under which it is allowed to select a contractor, which differs from the general modality or public bidding, since it provides for a shorter and more agile process, in which it is allowed to skip stages, since the scenario justifies it. The manifest urgency is one of the causes that allow the application of the direct contracting modality and occurs when situations arise that must be remedied by the state authorities, one of these circumstances is the so-called force majeure, which constitutes an unforeseeable and unavoidable event.
Riesgos de corrupción en la contratación pública colombiana
(Universidad La Gran Colombia, 2022) Diaz Trujillo, Pedro Pablo; Hildebrando Hernández, Jesús; Díaz Trujillo, Pedro Pablo; Mazuera Ayala, Paula
Derecho disciplinario y el sistema de numerus apertus
(Universidad La Gran Colombia, 2022) Alzate Bocanegra, Geraldine; Fuentes Parada, Leidy Marcela; N, A
In disciplinary matters, specifically in Colombian disciplinary law, a double system is used to configure the imputation of conducts or behaviors qualified as misconduct in the disciplinary statutes, as well as the qualification of the same, The first one is based on the open types that are contained in the disciplinary law and that allow the judge to adjust the conduct committed at the time of formulating the charges according to each particular case, since it is impossible to incorporate or list in the disciplinary statute each and every one of the duties and functions of each public servant whose breach, non-observance or omission could lead to a disciplinary offense, therefore they are called open. The other system consists in the use of the numerus apertus model as a response to the legislative omission in said normative bodies regarding the modality or title in which the conduct constituting a disciplinary offense may be committed, a system that allows the disciplinary judge to modify the title of imputation of the behavior constituting a disciplinary offense after the facts have been committed, even after the formulation and notification of the charges of which the official is accused, that is, at the moment of incriminating the disciplined subject, which contravenes the principle of legality and with it the constitutional postulates of due process, since it directly affects the prerogative of the right of contradiction, thus violating the guiding principle of respect for human dignity. DISCIPLINARY LAW AND THE NUMERUS APERTUS Thus, as long as the legal-disciplinary operator is empowered to implement the model of incrimination of clauses or open lists in the development of a disciplinary process, it is justified that he can also decree the use of open lists in the development of a disciplinary process, it is justified that he may also decree the nullity of the administrative act through which the charges are formulated and imputed and proceed again with its issuance but this time modifying the description of the behavior as to the qualification of guilt, from malice to guilt as a parameter of opportunity in order to respect the administrative due process that is recognized to the disciplined and that he may fully exercise his right to the contraction and not be undermined.
Plataformas para la contratación estatal un análisis comparado entre Colombia y Chile
(Universidad La Gran Colombia, 2022) Avila Alzate, Ingrid Carolina; Cubillos Mora, Jeison Armando; Sotelo Mora, Mónica Maritza; Mazuera, Paula
State contracting is the fundamental pillar for States to be able to successfully complete their objectives.The digital transformation and the rapid change of technology in the world have posed additional challenges to public administrations, which have adapted transactional models for public contracts, seeking to improve seeking to improve the efficiency and effectiveness in the execution of the treasury.
Es importante la contratación estatal para el ingeniero civil gran colombiano
(Universidad La Gran Colombia, 2022) Viasus Bermudez, jose raul; Mazuera Ayala, Paula
State contracting is born from the urgent need for the state to be able to satisfy its essential purposes, such as the acquisition of goods and services and to advance the country's infrastructure. This is where the great Colombian engineer comes in to provide the knowledge acquired in the classrooms, where it must be able to face the challenges that the country presents in terms of infrastructure and not only at the level of roads and if not also in the achievement of well-being and services for the population furthest from urban centers, for through the construction of schools, colleges, hospitals, aqueducts, sewers, bridges, power transmission lines, installation of data transport networks and everything that the state requires in order to provide quality of life to the country's communities, especially to the furthest away. For this reason it is important that the great Colombian civil engineer is more in line with the vanguard of the country, and can obtain the necessary knowledge to be able to function more calmly in this area, because one of the big problems that are generated in contracts with The state is the lack of knowledge of the legal part of the contracts on the part of civil engineering professionals, since they have been seen on many occasions immersed in legal problems for not knowing the consequences that non-compliance can cause. to present during the development of the works.
Responsabilidad de la supervisión e interventoria en los contratos estatales
(Universidad La Gran Colombia, 2022) Castro, Ricardo; Malagón Gomez, Cesar Augusto; Mazuera, María Paula
Analyze the Legal Institution of Responsibility in light of the actions and omissions attributable to the exercise of Supervision or Audit regarding State Contracts subject to comprehensive monitoring, investigating their evolution, analyzing their background, jurisprudential decisions, doctrinal contributions, as well as well as the Constitutional, Legal and Administrative provisions that regulate it. In this context, the regulatory framework must be analyzed in context and in harmony with the different provisions issued by the High Judicial Corporations, the doctrine and the advances that in administrative matters surround the exercise of Supervision and Audit, for which an analysis is essential. of the same, in order to be able to define the regime of competences attributable to these relevant actors in the Colombian Public Procurement System. Consequently, the Colombian State is the guarantor in the fulfillment of the proposed state purposes within the framework of its Public Policies, consequently, state contracting stands as one of the main means to achieve them, hence the importance that assists in the comprehensive monitoring of the contracts entered into for these purposes, which entails a responsibility associated with the public function they represent.
El contrato de interventoría financiera como mecanismo de eficiencia económica en la contratación estatal
(Universidad La Gran Colombia, 2022) Bogoya Morales, Liliana Rocío; Martínez Osorio, Leydi Yazmin; Mazuera Ayala, Paula
Funciones de la supervisiòn y/o interventoria de contratos estatales
(Universidad La Gran Colombia, 2022) Forero Ruiz, Nini Yohana; Mazuera, Paula
The main theme of this document is to identify the functions of supervisors and auditors of state contracts, the most important of which is to control and monitor compliance with the contractual object for which they were appointed and/or hired, it is also important to first clarify the difference between a supervisor and an auditor, The latter is always exercised by a third party external to the entity selected through a merit-based competition, unlike the supervisor, who is always a qualified official of the entity appointed by the authorizing officer and who must not have specific knowledge of the object to be supervised, Likewise, the powers and duties that must be fulfilled by the supervision and auditing always in favor of the fulfillment of the purposes of the state and within which the most relevant are to collaborate, be diligent and proactive in the resolution of doubts, controversies so that situations that may incur in the breach of the contractual object are not generated.
Fenómeno del desequilibrio económico en los contratos de prestación de servicios de personas naturales en la contratación estatal
(Universidad La Gran Colombia, 2022) Fabiany Esteban, López Silva; María Camila, Talero Ramos; Mazuera Ayala, Paula
El derecho disciplinario con relación a la Contratación estatal
(Universidad La Gran Colombia, 2022) Jiménez Páez, Francisco Javier; Mazuera Vera, Paula; morales, victor
The magnitude of corruption in state contracting in recent times has taken us to extremes, laws, articles, decrees, including transnational "oea" institutions, but even so, there are always officials who come up with ways to cheat in different negotiations in the hiring. The present covers this topic and aims to shed light on the barrier of laws that seek disciplinary control in state contracting, which still falls short trying to avoid such procedures. Corruption, Hiring, Rules, Regulations, Laws, Public Officials, Corrupting Agents, Disciplinary law is becoming more effective in its codes, but it falls short because its opponents always go one step further.
La contratación directa de locales comerciales en el campus académico de la ECSAN, en el periodo comprendido entre 2015 y 2017
(Universidad La Gran Colombia, 2019) Gómez Nieto, Heberth Dario; Palacios Palacios, Wiston; Martínez, Alexander
This document intends specificity to expose the process of direct recruitment at General Santander National Police Academy, regarding the rental of business premises located at Cadet's official housing in the Alma Mater. The objective is to analyse the advantages and disadvantages of this type of public procurement by parsing from a legal perspective, the processes taken when carrying out the pre-contractual, contractual and post-contractual phases. Also, contextualise the public procurement's process, which is currently discredited by corruption in recent years. It will determine the effectiveness of ECASAN'S direct contracting case.
El principio de planeación en la contratación estatal caso contrato de concesión bajo el esquema de app no. 08 de 2015, “proyecto Cambao – Manizales”
(Universidad La Gran Colombia, 2019) Reyes Ávila, María Isabel; Pastrana Loaiza, Luz Ayda; Martínez Guzmán, Alexander
Yesterday as in the present, the level of development of the peoples has always been linked to the works that it carries out and to the satisfaction of the needs of its population, which determine their quality of life. However, in order to achieve the desired levels, we have entrusted the State with the provision of many services that should benefit us and that result from the acquisition of goods or services obtained through the contracting of various activities, with the same number of arts, crafts and services. Professions. In this way, the processes of hiring are born from the manifestation of a need of the community, for their well-being and development or from the State itself and its agents, in order to function optimally and efficiently perform their tasks and fulfill your purposes. But if those processes are not conceived based on the original need and ordered in logical, coordinated and linked stages, with serious criteria and a vision that foresees every detail, contingency, unexpected or situation that prevents the imbalance of the contractual equation, the suspension of the contract, its liquidation, early termination or a nullity of a legal nature, all the rhetoric regarding the development and welfare of the community, is affected. Contributes to this affectation, the lack of commitment in the assumption of obligations by the officials of the contracting entities, the low level of professionalism and experience of the executors and the inaccuracy in the choice of the contractor
La contratación estatal y el contrato de prestación de servicios en el sector público
(Universidad La Gran Colombia, 2019) Criado Navarro, Yenny Sugey; Zeballos F, Adrián
The research project is deployed in three chapters, the first chapter addresses us, the state contracting and the contract for the provision of services, as for many years the State has had the need to conduct studies of Doctrine and Jurisprudence to implement improvements in contracting, in the second chapter we find the comparative right between Canada and Mexico from a legal standpoint against the service provision contract and to finalize the third chapter is focused on the perspective of comparative law in the service provision contract between Colombia, Mexico and Canada
Implicación del menor precio como criterio de selección en la subasta inversa en la SED durante los años 2016 y 2017
(Universidad La Gran Colombia, 2019) Murillo V, Paola Viviana; Castro B., Francy Paola; Martínez Guzman, Alexander
This document is a disaggregated compilation of legal frameworks, collected data, doctrinal theories, and jurisprudential sandals that will support the final work. Development is given in a simple and brief way on how the objective selection criterion through reverse auction, Article 5 number 3 of Law 1150 of 2007 affects the selection of the most favourable supply to the State Entity, in our case the Ministry of Education of the District of Bogota, hereinafter outlined as SED; which could lead to inducing the acceptance of artificially low prices in government procurement and to what extent the State can, through the regulations already established, avoid the continued acceptance of this growing phenomenon in the public-private market
Implementación de los pliegos tipo de infraestructura de transporte en la modalidad de licitación de obra pública desde el año 2018 al 2021
(Universidad La Gran Colombia, 2022) González Moreno, Ingrid Dayana; Guzmán Villarraga, Paula Jazmín; Martinez Muñoz, Valentina; Mazuera Ayala, Paula
The standard specifications in Colombia began their implementation with Law 1882 of 2018, which came into force to strengthen public procurement in the Country, through these standard specifications the National Government establishes the enabling requirements, technical financial, economic and in general the general requirements for the selection of contractors. In addition to the above, this project seeks to analyze the implementation of the standard specifications for transport infrastructure in the public works bidding modality from 2018 to 2021 in Colombia; Likewise, the transition process that the entities subject to the General Contracting Statute have been managing in terms of the principle of transparency, thus avoiding incurring in corruption and increasing the plurality of bidders in these processes.
Transformación del contrato prestación de servicios profesionales en un contrato laboral a la luz de la normatividad y legislación vigente en Colombia en el año 2018
(Universidad La Gran Colombia, 2019) Rojas Diaz, Paula Giselle; Santos Ortiz, Yehimy Juliana; Martinez Guzman, Alexander
Among the forms of contracting that are implemented in the public sector, there are mainly the labor contract and the contracts for the provision of services. Thus, it is interesting how it is that both forms are identical in the practice of labor but very far away in what has to do with external benefits for workers. That is why with the present investigation it is tried to elucidate in a rough way what concerns the Colombian labor reality, this through analysis of jurisprudence and evidences of field work that allow to establish a point of view with reference to the state hiring in view of through the contractor. The panorama will be explored through three chapters in which a theoretical and legal perspective will be seen, and then a vision and analysis of data based on the perception of the contractor and will finally be concluded based on a contrast of theory and practice , that is, of chapters 1 and 2. Thus, the reader will find tools that allow him to establish a position with respect to contractual practices in Colombia, and so he can assess whether he identifies with the exposed landscape, in order to create awareness in it.

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