Acuerdos marco de precios como mecanismo contra la arbitrariedad y la corrupción en la Contratación Pública Colombiana

Abstract

This scientific article examines how price framework agreements are presented as a mechanism against arbitrariness and corruption in Colombian public procurement. The document outlines the constitutional basis of state contracting according to the Political Constitution of Colombia of 1991 and points out that administrative corruption has been a persistent problem in Colombia, affecting various sectors between 2016 and 2020. The main objective of the article is to highlight how the implementation of framework agreements, legally established from Law 1150 of 2007 and developed by the National Public Procurement Agency (Colombia Compra Eficiente) created in 2011, seeks to standardize the acquisition of uniform and common-use goods and services for state entities. The article mentions Constitutional Court Ruling C-119 of 2020, which confirmed the legislator's competence to dictate general contracting rules, including framework agreements, within the framework of the Unitary State but respecting territorial autonomy. The article adopts an analytical and legal approach, referencing legal norms, jurisprudence, and data on corruption in Colombia. The expected benefits of framework agreements are: serving as a centralized control while respecting territorial autonomy, standardizing contractual requirements, ensuring efficiency, being mandatory according to Law 1955 of 2019 and Decree 310 of 2021, contributing to transparency, and seeking savings and quality in public investment. In its conclusions, the article emphasizes the historical presence of corruption, its relationship with the lack of clear processes and oversight, and how framework agreements are presented as a way to implement the principle of a Unitary State and strengthen the control against corruption in public procurement.