Registro único de proponentes: Análisis histórico y normativo.

Abstract

With the issuance of the Political Constitution of 1991 and the function given to state bodies, attempts have been made to create legal mechanisms that in one way or another help state entities when selecting not only the most favorable offer from a point of view technical and economic point of view, but also to guarantee the suitability of the contractor in order to respond effectively and efficiently with the contracted object, either in the execution of works or in the supply of a required good or service, the product of which is the expedition of Law 80 of 1993 that gave rise to what is now called the Single Registry of Bidders (RUP). Let us remember that prior to this law, although there was a document similar or equivalent to the RUP, it was ethereal because the same contracting entity prepared the respective specifications and, at the same time, was in charge of evaluating the documents that served as support for both the classification as the qualification which made it, so to speak, a judge and a party within the process, giving it a feeling of little transparency and efficiency when selecting the best contractor. Now, in the same eagerness of the National Government to provide transparency and remove corruption from state entities, it is proposed that an impartial third party be the one to review the requirements considered enabling in the Single Registry of Bidders, and then proceed to their registration. and certification, hence its administration has been delegated to the chambers of commerce, however, the assigned functions were exclusively aimed at verifying and collating the information provided by the proponent, which the latter also reflects that they must adhere to the principle of the good faith of the documents presented without even being able to refute them or investigate further to be sure of the information that will be certified, which ultimately also limits and because not saying so does not make the certificate reliable either