Análisis del Régimen Especial de Contratación en Entidades Estatales y Entidades Privadas sin Ánimo de Lucro en Colombia y el Régimen Especial de los Contratos de Aporte del ICBF

Abstract

Contracts and agreements between state institutions and private non-profit entities are celebrated for program promotions and public interest activities. They contribute to general welfare, and compliment of government goals. However, there are different special regimes, multiple procedures, and regulatory standards, which choose private entities for doing that type of projects; with government budgets. The goal of the present research was compared contractual procedure of the special regime of Decree 092 of 2017, applied to state entities at the national, Departmental, District and Municipal levels, and the special regime implemented in the signing of contracts of ICBF contributions. That comparison aimed to establish if the rules of special forms of regime were effective according to public and transparency state hiring. Concepts, impact, stories, and antecedents were review in a legal-descriptive methodology, by using a content sheet technique. The analysis allowed to know procedures applied in ESAL selection with their hiring processes processed published at SECOP. Results could evidence multiplicity of procedures by choosing private non-profit entities in Colombia, one has evolved based on the principles of transparency and publicity, and in the other one, it is possible to find legislative gaps. In this case, people interested in make part of that projects needs to clarify rules and procedures according to public hiring. Specially, in order to consider high budget percentage designated to doing them.