Pliegos de Condiciones y Pliegos Tipo en la Responsabilidad Estatal de Contratos Públicos

Abstract

The methodology in public procurement in Colombia was modified as of 2018 when Law 1882 was issued, which establishes the implementation of standard specifications as of July 15 of the same year, to regulate and control different failures of action and omission that occur in the pre-contractual and contractual processes developed by public agencies. According to the aforementioned, this article, seeks to contrast the specifications and standard specifications in the state responsibility of public procurement based on the general aspects of state procurement, the change from specifications to standard specifications and the new mandatory provisions contemplated in law 1882 of 2018. It is worth mentioning that the purpose of public procurement is to satisfy the general interest, however, each region is different and the administration must aim at the needs of its community, therefore, standardizing the bidding documents is not adequate, since the study of the sector, the market and the objectives must be proportional to what each territory demands. In general, in a certain way, the bidding documents may present gaps in the requirements demanded due to an error made by the entities or because their creators intentionally create clauses to confuse or discriminate the bidders, so that they do not compete freely and under equal conditions. Therefore, the standard bidding documents were proposed with the purpose of solving the vices of action and omission that go against the transparency and objectivity that all contracting processes must have. In summary, the executive branch established the unification of requirements to aspire to contract with the state through standard bidding documents in which the conditions that enable each contractor to participate are found, as well as the technical and financial requirements that must be met and other stipulations to be chosen as a contractor in any of the public agencies belonging to the general public procurement system and that must take a particular service from a particular bidder. (National Planning Department, 2020).