Falta de objetividad en la licitación pública

Abstract

This investigation will allow to determine those bad practices in the public bidding processes in Colombia, which lack objective selection due to the lack of strict surveillance by control entities which must carry out an inspection in selection processes according to the principles established in Law 80 of 1993. Having the autonomy to sanction irregularities that are committed at the time of contracting, severely punishing entities that do not comply with the objective selection in terms of public bidding in Colombia, putting the proper functioning of the state entity at risk. This control body must oblige each entity to render reports on the contracts they hold between public servants, contractors, at the time the due administrative act is issued, these reports must contain the functions and the respective entrance examination with which manages to demonstrate the capabilities of the new offeror and it can perform its activities in the best possible way. At the national level, Colombia has the principle of objective selection in Colombian public contracting, which in addition to being a principle of contracting, is an irremovable rule stipulated so that individuals can have the same possibilities " The difference that exists between rule and principle and warns of the importance of the application of the principles as guiding axioms of the rule in the state contractual function” (Miranda Medina, The rule or the principle of objective selection in Colombian public contracting, 2016 , p.69). In addition to the above, as internal regulations, Law 80 of 1993 also contemplates objectivity in the selection processes. The previously improved instruments will contribute to the development of the points that will be developed in the investigation to offer alternatives that will allow the objective selection parameters to be met in public tenders.