Obras propias como experiencia demostrable en los requisitos habilitantes de la contratación estatal

Abstract

Currently, the Registration of Proponents issued by chambers of Commerce, is the ideal document established to accredit the proponent's enabling requirements before public entities that require contracting by means of tenders. Within such enabling requirements, we find the experience executed, which will show that the proponent possesses the required knowledge, as well as the technical and practical capacity to execute the object of the contract required by the state. For this purpose, this experience must be accredited only by certifications issued by the respective third contractors, with the copy of such contracts or with the settlement act of the case. However, there are commercial sectors where your business dynamics cannot be framed within a contractual relationship typical of ""contractor-contracting"", as in the case of constructors, because their scheme is based on building a own work to then market it, without this means that the builder has not had the technical expertise to execute the construction. It then becomes a legal vacuum for this sector, because in the absence of a third contractor certifying that it actually hired the elaboration of a particular work, it would not be possible to register that life experience for the builder in the register of proponents, therefore, it would not be possible to pass on these qualities before a public tender.