Especialización Contratación Estatal

URI permanente para esta colecciónhttp://hdl.handle.net/11634/133

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Análisis Normativo y Jurisprudencial de la Responsabilidad Fiscal de Consultores y Asesores Derivado de su Actuación en Contratos
(Universidad Santo Tomás, 2026-04-22) Pineda López, Luisa Fernanda; Guzman Camacho, Marlly Lorena; Galvis Martínez, Juan Carlos; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001685543; https://scholar.google.com/citations?user=UrXwyd0AAAAJ&hl=es
This article analyzes the fiscal responsibility of advisors and consultants in public procurement in Colombia, based on the study of the current legal framework, constitutional jurisprudence, and specialized doctrine. It examines the elements that shape fiscal responsibility, the notion of fiscal management, and the evidentiary challenges related to the causal link between the consultant’s conduct and the patrimonial damage. In addition, it identifies regulatory gaps in defining behaviors such as “poor advice” or “deficient consultancy,” which leads to diverse interpretations and, at times, legal uncertainty. Finally, it highlights the need to achieve a balance between the protection of public assets and the guarantees of technical professionals, in order to strengthen the effectiveness of fiscal control without discouraging the participation of experts in public contracting. Keywords: Fiscal responsibility, fiscal management, advisors, consultants, public procurement, fiscal control, jurisprudence.
EXPLORACIÓN DE LAS POSIBILIDADES DE APLICAR INTELIGENCIA ARTIFICIAL EN LA EVALUACIÓN DE OFERTAS EN CONCURSOS DE MÉRITOS PARA CONSULTORÍA EN INFRAESTRUCTURA DE TRANSPORTE EN COLOMBIA
(Universidad Santo Tomás, 2025-12-10) JUNCO BECERRA, JUAN CAMILO; MESA MEJIA, VALENTINA; SIABATO BENAVIDES, MONICA PAOLA; Universidad Santo Tomas
This article addresses the evaluation of proposals for hiring consulting services to develop the necessary studies and designs for implementation in transportation sector projects in Colombia. A gap was identified between the existing regulatory framework and operational and substantive deficiencies that prevent the evaluation process from being conducted efficiently and in accordance with the principle of economy. This includes challenges such as the volume of documents, subjectivity in technical evaluations, failures in electronic procurement systems, among other issues and complications. The study proposes the strategic integration of artificial intelligence as a support tool; its core objective is to modernize evaluation processes through AI models to automate repetitive tasks, verify requirements, and compare proposals, reducing errors and ensuring transparency in decisions. The proposal emphasizes a gradual, supervised approach where artificial intelligence complements evaluation committees, enhancing their ability to issue objective evaluation reports based on verified data. Thus, this article not only diagnoses critical flaws in public entities but also offers a technological roadmap to align practices with principles of transparency, efficiency, economy, effectiveness, and objective selection. This positions artificial intelligence as a catalyst for agile, reliable consultant contracting tailored to the demands of the transportation sector.
Impacto de la Inteligencia Artificial en la Contratación Directa en Colombia: Análisis Jurídico y Tecnológico
(Universidad Santo Tomás, 2025-11-28) Castañeda Laiton, Lina Maria; Gonzáles Castañeda, Monica Yaquelin; FRANCO MATEUS, LAURA MARCELA; Universidad Santo Tomas
La contratación estatal como instrumento para la promoción de empleos verdes en Colombia
(Universidad Santo Tomás, 2025-09-12) Cárdenas Hernández, Denis Andrea; Torrez Téllez, Andrés Alejandro; Universidad Santo Tomas
This article explores the potential of government procurement in Colombia as a tool for promoting green jobs. Using a qualitative approach and a review of the literature, it analyzes the concept of green jobs and their impact in the context of public procurement. It identifies the essential characteristics of these jobs, the economic sectors where they have the greatest potential in the country, and their importance in the international and national framework for sustainable public procurement. The study also highlights the regulatory and operational gaps that hinder the effective integration of environmental and social criteria into government procurement processes, as well as the lack of incentives for suppliers who are committed to sustainability. Finally, concrete proposals are presented to improve the situation, including regulatory reforms and the creation of incentives to incorporate green jobs as an essential component of public procurement. The analysis shows that, although Colombia has made significant progress in public policies related to SCP, there are still significant challenges in their implementation. Overcoming these obstacles would allow the transformative power of public spending to be fully harnessed to contribute to sustainable development, commitments to ensure decent work, and the ecological transition in the country.
OMISIÓN DEL PRINCIPIO DE PLANEACIÓN EN LOS CONTRATOS DE OBRA PÚBLICA Y SUS POSIBLES CONSECUENCIAS
(Universidad Santo Tomás, 2025-07-21) PEÑA PACHON, OSCAR EDUARDO; UNIVERSIDAD SANTO TOMAS
La correcta planificación de los proyectos de inversión como buena práctica (norma – exigencia) para el éxito en contratación pública
(Universidad Santo Tomás, 2025-06-25) Pinza Hidalgo, Camilo Ernesto; Rosero Rosero, José Armando; Universidad Santo Tomás
In Colombia, the execution and start-up of investment projects, specifically infrastructure projects, generates a significant problem. A series of technical, administrative, and financial issues arise during their development, which imply changes to the project itself and, consequently, to costs and the achievement of the initially proposed objectives. Although there are extensive regulations governing aspects related to project planning, formulation, and evaluation, these can be "overlooked" for various reasons and means. The mechanism of initiating construction and solving problems as they progress has become widespread in our country, diminishing the importance of the principle of project planning, with all the associated drawbacks. With the disregard for proper project planning that has developed over the years, the initial stages of projects are not approached with the required rigor, and very little involvement is seen from the consulting firms legally contracted to carry out these important tasks. In this article, we aim to raise awareness through academia about the need for sound infrastructure project planning, not just as a good practice, but as compliance with current regulations in our country, to optimize government contracting processes and the use of public resources.
USO DE INTELIGENCIA ARTIFICIAL PARA MODIFICACIONES EN CONTRATOS DE INTERVENTORÍA: PRÓRROGA Y ADICIONES *
(Universidad Santo Tomás, 2025-05-21) NEIRA CORONADO, ASTRID YOHANA; SIABATO BENAVIDES, MONICA PAOLA; UNIVERSIDAD SANTO TOMÁS
Artificial Intelligence has been recognized as the new technology that has revolutionized humanity, therefore, it is pertinent to adopt this technology in the public procurement sector, since it contributes to compliance with the principles of contracting, especially with respect to the principle of economy, speed and transparency. Hence, countries such as Spain and Hungary implemented Artificial Intelligence systems in the development of Contractual Processes, in order to prevent and detect risks in public procurement, in order to guarantee the proper management of Public resources. For its part, in Colombia, two CONPES Documents have been issued related to the adoption of AI in the public sector, such as CONPES Document 3974 of 2024 and Document 4144 of 2025 regarding the National Artificial Intelligence Policy. Based on the above, through this research work we seek to identify how Artificial Intelligence can be used for the execution of supervision contracts according to criteria of transparency and economy. Therefore, the first chapter focuses on describing the functioning of Artificial Intelligence and its possible applications in public procurement at the international and Colombian level, while the second chapter carries out a legal analysis regarding the supervision contract and the modifications that can be made in its execution. Finally, the third chapter is responsible for proposing recommendations regarding the implementation of Artificial Intelligence in the execution of supervision contracts.
Influencia de los procesos de selección de oferentes en contratos estatales en el desarrollo sostenible en el marco del Acuerdo de París
(Universidad Santo Tomás, 2025-05-14) Arce Cordoba, Angela del Carmen; Palacios Chamorro, Diana Carolina; Benavides Mendoza
Climate change, driven by human activity, is impacting Colombia through phenomena such as glacier retreat and rising temperatures. In response, the 2015 Paris Agreement aims to reduce greenhouse gas emissions and promote sustainable development. In Colombia, climate commitments are gradually integrated into public policies, particularly in public procurement, a key sector in energy consumption and CO2 emissions. This article explores how eligibility requirements in public procurement can align with global sustainability goals and the Paris Agreement.
IMPLICACIONES DE LA AUSENCIA DE UNA MODALIDAD EN CONTRATACIÓN ESTATAL PARA LA SELECCIÓN DE INTERMEDIARIOS DE SEGUROS EN COLOMBIA
(Universidad Santo Tomás, 2025-02-10) Norato López, Andrea Daniela; Daza López, Nubia Lorena; universidad Santo tomas
This article addresses the problem of the lack of a specific selection method to carry out the selection process of insurance intermediaries in state contracts in Colombia, seeking to identify the negative and positive aspects, the above from an analysis of the object of insurance advice, its functions and the services provided to state entities. To achieve this goal, an analysis of the regulations of insurance intermediation in Colombia and state contracts is developed, exposing with examples and data the different selection methods currently used by state entities for the purpose of selecting insurance intermediaries. The information collected and analyzed will allow the understanding of the different limitations and consequences of not having an established selection method to hire insurance intermediaries.
Estrategias para la Identificación y Prevención de Colusiones en Licitaciones Públicas
(Universidad Santo Tomás, 2024) Bernal López, William Santiago; Guzmán Acevedo, Mayra Alejandra; Barrera Varela, Pedro Javier; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001694896; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001460215; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001249010; https://orcid.org/0000-0003-4174-2062
Collusion in public procurement in Colombia represents a serious threat to free competition and efficiency in the administration of public resources. Although the principle of free competition is protected by the Constitution, companies often engage in illicit practices to ensure their position in the market, which negatively affects both competition and the State. Collusion, defined as agreements between competitors to manipulate tenders and awards, is sanctioned by Colombian regulations and constitutes a form of corruption that distorts the market and undermines public confidence in institutions. Despite the existence of a legal framework designed to prevent these practices, such as the Anti-Corruption Statute, their identification and prevention remain a challenge. Research in this area is crucial to develop more effective strategies that protect the interests of the State and citizens. This work proposes an exhaustive analysis of collusive practices and the tools available for their detection, in order to strengthen transparency and equity in public bidding processes in Colombia.
Reactivación del Sistema Ferroviario en Colombia: Análisis Crítico de las Alianzas Público - Privadas Como Propuesta.
(Universidad Santo Tomás, 2024) Rincón Moreno, Edna Katherine; Sosa Inampués, Diego Andrés; Siabato Benavides, Mónica Paola; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000053006
With the presentation of the new National Development Plan 2022 - 2026 “Colombia World Power of Life”, the proposal for the construction and reactivation of the railway system in Colombia, with the modalities of cargo and passenger transport, was raised as one of the fundamental axes of the country's economy, to generate synergies in multimodal transport, thus contributing to the country to continue advancing in different aspects, such as economic, legal, environmental and social and thus achieve to settle the historical backwardness in which it has been left due to the lack of development in the matter. However, such reactivation is truncated by several difficulties such as regulatory gaps in the possible contracting instruments to be used, so with this research article we make a tour from the historical analysis of the regulation of rail transport in Colombia, continuing with a study on the regulation and implementation of public-private partnerships in Colombia, ending with a critical analysis of the aspects to be improved in the regulation of public-private partnerships and thus be implemented successfully in the railway sector.
Pliegos Tipo en la Contratación Estatal: su Incidencia en la Optimización de la Infraestructura de Salud en Colombia.
(Universidad Santo Tomás, 2024) Salamanca Zipa, Laura Johana; Daza López, Nubia Lorena; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001371179; https://scholar.google.com/citations?hl=es&user=kfNSezgAAAAJ; https://orcid.org/0000-0003-4469-386
State contracting in Colombia is positioned as one of the key elements to achieve the objectives established in the 1991 Constitution. To this end, multiple tools are derived from contracting, the objective of which is to ensure that the projects undertaken by state entities are developed in coherence with the general welfare. In this context, standard bidding documents are formulated to carefully guide certain contracting processes. The creation of these specifications is due to the proliferation of corruption and embezzlement problems, which have not only affected the credibility of citizens towards the State but have also prevented an optimal development of Colombian society, especially in sectors such as health. In this research, a qualitative and descriptive approach was carried out on the impact of the implementation of standard specifications in state contracting related to hospital infrastructure. The most relevant conclusions indicated that the adequate and timely execution of standard specifications in the contracting of health infrastructure can be determinant in the optimization of this sector in the country, especially in certain regions where the hospital crisis reaches more critical levels.
Secop II: La Plataforma Electrónica Transaccional Implementada Como Mecanismo de Mitigación de la Corrupción en la Compra Pública
(Universidad Santo Tomás, 2024-06-17) Varela Buitrago, Dany Valentina; Forero Forero, Deisy Joanna; Universidad Santo Tomás; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001615177; https://orcid.org/0009-0008-9378-8955
SECOP II is a transactional platform implemented with the objective of serving as a technological and transactional tool to guarantee the real-time participation of actors in public procurement and prevent and combat corruption in state contracting processes. This provides transparency, agility and efficiency by allowing suppliers and state entities to develop the contractual stages of processes electronically. The objective of the development of this article is to study how, despite the implementation of the SECOP II platform, it is estimated that between 2016 and 2020, a loss of $13.67 billion was reported in 284 cases of corruption. The phenomenon of corruption in state procurement in Colombia is a problem that has historically affected the country, embezzlement of funds, bribery, favors and other practices. Therefore, along with the detection of corrupt entities, companies and contractors that take advantage of contracting processes for personal or business benefit, measures were developed to combat corruption, including the implementation of electronic systems that guarantee transparency, objective selection, guaranteeing traceability within the contractual performance. In summary, the SECOP II transactional platform aims to mitigate any corrupt actions of entities and suppliers during the development of contractual processes and in this way, guarantee that the selection of contractors is carried out respecting the principles of state contracting and the current legal framework.
Posible Afectación de la Mina de San Antonio de la Ciudad de Duitama-Boyacá y su Implicación Legal.
(Universidad Santo Tomás, 2024-04-23) Vega Ortiz, Laura Natalia; Moreno Figueredo, Keini Zayira; Sosa Ruiz, Juan Carlos; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001687039; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001333585; https://orcid.org/0000-0002-3052-7984
The objective of this article is to identify whether there is any environmental impact inside the San Antonio mine owned by Argos S.A., by identifying the specific moment in which the mining exploitation license is granted in the Municipality of Duitama Boyacá and analyzing the conditions under which it was granted. This research was conducted under a qualitative methodology and a socio-legal approach, where a contextualization of the legal basis corresponding to the Mining Code and the concession contract granted to the San Antonio Mine is provided. The results showed that the mine apparently complies with all the legal aspects necessary to carry out the mining activity.
La Eficiencia del Secop II y su Eficacia Como Herramienta Digital de Ayuda para el Cumplimiento de los Principios en la Contratación Estatal.
(Universidad Santo Tomás) Ortega Gómez, Nelly Catalina; Vargas Álvarez, Diana Roció; Varón Diaz, Carlos Mauricio; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001534563; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001657102
State contracting is an excellence method by which the State complies with the constitutional fines that have been granted to it. SECOP II emerges as a technological tool for these objectives, in which transparency, speed, efficiency, effectiveness, publicity and other contracting principles are sought. What makes it necessary to carry out a study of whether this digital platform really fulfills its purpose of helping to meet the aforementioned objectives, in this article we will present the definitions and procedures of SECOP II, as well as its implementation in order to give conclusions on the problem posed.
Materialización del Principio de Planeación en Contratación Estatal – Análisis Evolutivo –
(Universidad Santo Tomás, 2024-01-18) Mariño Sosa, Julian David; Ruiz Aldana, Verónica Alejandra; Duque Ayala, Corina; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000790290; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001884055; https://scholar.google.es/citations?hl=es&user=iGcnOmMAAAAJ; https://orcid.org/0000-0003-1922-0647
State contracting, like all Public Administration activities, is regulated, so its operation must be subject to the provisions of the General Contracting Statute. Among the provisions that regulate contractual matters, the principle of planning stands out, which seeks that the contracting is not the product of chance or improvisation. Despite the regulatory foundations, the planning principle has been a victim of non compliance where the principle of economic balance of the contract is undermined when the administration does not comply with its obligations. Therefore, the primary objective is to capture in writing, the historical review and the materialization of the duty of planning in order to highlight its importance in state contracting.
El Principio de Neutralidad Tecnológica el Sistema Electrónico de Compras Públicas- Secop II: Seguridad Jurídica y Digital
(Universidad Santo Tomás) Ortiz Wilches, María Fernanda; Gutiérrez Fernández, Julio Cesar; Forero Forero, Deisy Joanna; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001615177; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0000012784; https://orcid.org/0009-0008-9378-8955
The purpose of this research article is to highlight the importance of the principle of technological neutrality in state contracting activities, specifically in the context of the Colombian public procurement system, known through various platforms such as Secop I, Secop II, and the State Virtual Store. The analysis of this principle is crucial for the functionality of the Secop II application, as it is considered a fundamental element for the efficient management of resources and processes in the virtual realm. To achieve this, generic elements of technology, such as electronic signatures and data messages, provided by the Colombian government, are used. These definitions are framed within a digital interaction environment and are governed by regulatory standards that establish the technical and technological foundations necessary for the execution of electronic contracts. The central issue addressed by this research is the following: How is the principle of technological neutrality applied in the Secop II public procurement system?
Responsabilidad Disciplinaria por Vulneración al Deber de Selección Objetiva en la Contratación Estatal en Colombia.
(Universidad Santo Tomás, 2023-09-05) Amaya Martínez, John Sebastián; Lopez Peña, Edmer Leandro; Universidad Santo Tomas; https://scienti.minciencias.gov.co/cvlac/visualizador/generarCurriculoCv.do?cod_rh=0001426035; https://scholar.google.es/citations?hl=es&user=lJl_GzoAAAAJ; https://orcid.org/0000-0001-7882-4163; https://orcid.org/0000-0001-7725-3071
The duty of objective selection enshrined in our legal system is of a fundamental nature to guarantee legitimate and transparent state contracting. Unfortunately, this criterion is undermined due to the fraudulent behavior of both public servants and individuals who exercise public function, these behaviors are characterized by the improper use of public resources and the favoring of private interests to the detriment of the general interest. For this reason, the disciplinary regime is an essential tool in the fight against corruption in state contracting in Colombia, since it allows guaranteeing integrity and compliance with fundamental principles, promoting ethical and transparent public management, through the imposition of sanctions to those investigated that substantially affect the functional duty. From this perspective, it is necessary to determine the disciplinary responsibility for the violation of the duty of objective selection in state contracting, for which a normative and jurisprudential analysis of the duty of objective selection will be carried out, the problems of corruption in contracting will be identified. state through the study of emblematic cases, and finally, the disciplinary responsibility will be determined from the factual legal imputation of the cases reviewed.
La Contratación Estatal, una Mirada a Partir de la Contratación Verde y la Contratación Pública sostenible.
(Universidad Santo Tomás, 2023-09-01) Pacheco Rojas, Cristian David; Perez Cuervo, Martín Hernán; Universidad Santo Tomás Tunja
The environmental deterioration crisis has as one of its main causes the activities carried out by human beings, if an efficient use of natural resources and the implementation of a healthy and sustainable environment is not guaranteed, taking into account the inclusion of environmental criteria understood as requirements and formalities of absolute relevance in the different stages of sustainable public procurement, and that, even though they exist, they are not fully complied with by public entities, generating a wide environmental impact with the wide range of variables involved, it is imperative the applicability of green procurement in Colombia and all its normative assumptions as principles, rules and values in its integrity with more rigor and applicability of sanctions to reduce environmental degradation.
Retos y Cambios en el Control Disciplinario de las Actividades Contractuales Ley 1952 (2019) Ley 2094 (2021).
(Universidad Santo Tomás, 2023-05-31) Ortiz Sanchez, Karen Daniela; Daza Lopez, Nubia Lorena; Universidad Santo Tomas
Around this article, what concerns the Current Disciplinary Regime of 'Public Officials' is covered, for which, in the first place, it makes an account of the national regulations on the subject, from the constitution, to the most recent law, that is, Law 2094 (2021), taking into account the modifications made to Law 1952 (2019). Subsequently, a comparative analysis is presented between Law 734 (2002), the old Disciplinary Code and Law 1952 (2019), in order to publicize the changes that the "Disciplinary Law" had in Colombia, in relation to aspects of adjective and substantive character, fundamental for the development of the "disciplinary processes". Finally, the consequences at the legal level generated by the issuance of the 1952 law are pointed out, especially in the face of the creation of a new law, due to certain irregularities that existed, in order to improve the disciplinary regime in Colombia, from Law 2094 (2021), since certain inconsistencies presented by the new "General Disciplinary Code" had to be modified.

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