Indebida fundamentación de la fuerza mayor como causal de la urgencia manifiesta

Abstract

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.