Análisis aplicado al concurso de méritos como modalidad de selección conforme al concepto de mérito en Colombia

Abstract

Historically, merit in Colombia has been a relevant and determining concept in all aspects of the working life of society. However, in the context of Public Administration, merit take on a different dimension, with high importance within the processes and procedures carried out within it. One of the variables where merit has the greatest importance within the Public Administration is State Contracting; more specifically in one of the selection modalities: the Contest of Merits, regulated by Law 1150 of 2007; compilated by Decree 1082 of 2015, that stablish on its article 2.2.1.2.1.3.1 the origin of the merit contest, the which is implemented for the awarding of consulting contracts referring to “investment projects, diagnostic studies, pre-feasibility or feasibility for specific programs or projects, as well as technical advice on coordination, control and supervision” and also those whose purpose is focus on auditing, consulting, construction or project management, direction, programming and execution of designs, plans, preliminary projects and projects. (Law 80, 1993, art. 32). Therefore, this article presents a review of the state activity related to the merit contest, making reference to the regulations that regulate this type of contracting, as well as its stages, the differences between the merit contest and other modalities. of contracting and finally the application of merit is analyzed within the framework of the merit contest, taking into account some cases of corruption that have arisen during the celebration and execution of state contracts.