Debilidades en la estructuración de las condiciones técnicas de un proceso contractual

Abstract

This research paper arises from the difficulties faced by state agencies when it is time to set technical specifications of the goods or services to be contracted, as it is during the contractual planning that the context of the contract is more effective and how the importance of the contract’s structuring agent role is unknown. The contractual dynamics of a public entity "The Graduate School of the Colombian Air Force" (EPFAC in Spanish), is analyzed to investigate the strengths and points for improvement regarding the raison d'etre of the research. The research sets off with a qualitative descriptive approach - analytical, where observation provides data according to routines and problematic situations around the structuring of the contractual process. This research also acquires a documentary role by contemplating management reports and internal audits, business meetings minutes of the years 2014, 2015 and 2016 in the institution. Among the most outstanding results are: There is a lack of recognition and identification of the most important actor in the contractual process, the regulation structurer. The structuring of the contractual process is where conditions for success or failure in the outcome of the contract are founded, thus requiring that this work is executed prior to the beginning of the process within a reasonable time by officials who meet conditions of minimum qualifications and/or experience in both the goods or services to be hired as of the same documents and hiring process.