La contratación directa de servicios profesionales como modalidad de vinculación más frecuente de contratistas en el sector público

Abstract

This article examines the contradiction between the law and administrative practice of a discretionary form of hiring individuals in the Colombian state. Competitive bidding should be the general rule in government procurement, where competitive factors, and principles such as plurality and merit, despite the direct hiring of professional services and management support is pairing mode contractors more used by the public administration, where to sign a management contract must not previously receiving and evaluating several proposals to select the best. Through an analysis of the problems identified in the study of doctrine and jurisprudence the causes of this phenomenon are deducted and, through the methodology of strategic planning, an alternative that meets the expectations of stakeholders arises constituting the State as an organization under the law, and having as basis the primacy of public interest over private interest.