La importancia de generar parámetros específicos en los requisitos habilitantes en un proceso de licitación pública, regulado por la ley 80 de 1993 en el estado colombiano, de cara al principio de selección objetiva que dispone la ley 1150 de 2007

Abstract

In the development of the contractual stages that are carried out by public entities, there have been great controversies about the way in which they will advance the selection of those who apply as contractors through the selection modality by public bidding, since qualifying requirements are included that are far from the reality of the economic sector to be contracted, which prevents a selection based on contractual objectivity with merit and transparency through which it is possible to guarantee the development of the purposes of the State for their administrators. Finally, after making a systematic analysis of some of these entities, it has been possible to show the discretion that assists the administration in parameters to be able to contract, call themselves legal and/or financial experts, technological experts, among others, framed within the norms that regulate them, especially Decree 1082 of 2015, in which elements that promote the free participation of companies in the economic sector are appreciated, for example, they require the accreditation of capitals greater than the amount of the official budget of the contractual object, an experience that is far from the scope of each project, as well as the requirement of professionals who in the long run will not be the ones who support the development of the functions that are the object of the contract concluded.