Los Acuerdos Marco de Precios en Colombia Regulan la Actividad Contractual en Todas las Entidades Públicas

Abstract

The purpose of this article is to establish and / or determine whether the adoption of price frame work agreements in public procurement favors the contractual management of all public entities; In order to answer this question, it is necessary to analyze the normative evolution that regulates the price framework agreements in public procurement and the jurisprudential decisions that have developed them; the legal nature, purpose, role and utility of price framework agreements in state procurement must be established; study the limitations or deficiencies presented by the adoption of price framework agreements in public procurement; to make known some proposals that allow to overcome the deficiencies presented by the price framework agreements in public procurement, to finally point out that the adoption of price framework agreements in Colombia favors contract management in not all public entities, due to that this was determined by the Congress of the Republic and the National Government by issuing a set of rules (laws and decrees) to regulate and implement the framework price agreements; particularly the law 80 of 1993 by which issued the general contracting statute of the public administration and the law 1150 of 2007 by means of which measures for efficiency and transparency in the law 80 of 1993 are introduced and other general provisions on contracting with public resources, law 1882 of 2018, by which are added, modified and dictate provisions aimed at strengthening Public procurement in Colombia, the infraestructura law and other provisions and the 1955 law of 2019 by which the 2018-2022 National Development Plan was issued pact fot Colombia, Pact for equity; the decree-law 4170 of 2011 by which the National Agency of Public Contracting-Colombia Efficient Purchase was created, its objectives and structure were determined; the decree 1510 of 2013 by which the system of purchases and public procurement is regulated and the decree 1082 of 2015, by means of which the single regulatory decree of the Administrative National Planning sector is issued; Decree 1082 0f 2015, by means of which the single regulatory decree of the National Planning administrative sector is issued, Decree 342 of 2019, by which section 6 of subsection 1 of chapter 2 of title 1 of the part is added 2 of book 2 of the decree 1082 of 2015, Single Regulatory Decree of the administrative sector of National Planning and decrre 537 of 2020 by which measures were adopted in the matter of state contracting, within the framework of the State of economic, social and ecological emergency; some judicial decisions issued by the Council of State, the Constitutional Court and the Supreme Court of Justice and some articles by national and international authors who have written about price framework agreements in public procurement.