Incidencia De Los Acuerdos Marco De Precios Para La Contratación Pública En La Libre Competencia Y Libertades Económicas

Abstract

This legal research article analyzes the impact of price framework agreements implemented in public procurement in Colombia, on free competition and economic freedoms. It is hypothesized that while these agreements potentially promote efficiency and cost savings, they may also limit free competition if they are not designed and implemented with appropriate safeguards and monitoring mechanisms. Through a documentary review of norms, jurisprudence and doctrine, the constitutional and legal foundations of the framework agreements, their operation and the potential risks they imply for the equitable participation of proponents in the market are examined. The analysis seeks to find a balance between the objectives of administrative efficiency and the principles of economic freedom, identifying strategies to mitigate the restrictive effects of these instruments on competition. The findings point to the need to strengthen regulation, transparency and monitoring in the use of framework agreements, to guarantee the plurality of bidders and avoid exclusionary practices. The study provides elements to optimize public procurement in Colombia, harmonizing the goals of good government with the protection of economic freedoms.