Deficiencias del antiformalismo en la materialidad del E-procurement para el Secop II: Caso de la Dirección de Sanidad Naval de la Armada Nacional

Abstract

The state contract by virtual means has a legal orientation emanating from international organizations in charge of regulating world trade, such as "the General Agreement on Tariffs and Trade (GATT), the WTO, the OECD, multilateral banking" (Ramírez, 2002, p. 79), with the countries having to adjust the legal regulations around the world trends indicated by these organizations for a globalized world that exchanges goods and services.

Among the countries of Latin America and the Caribbean, Colombia was the first to regulate electronic contracting (Torres, 2010), through Decree 4170 of 2011 created the National Agency for Public Procurement, Colombia Buy Efficient, an entity of the national order, decentralized, with administrative autonomy, which has its own patrimony, attached to the National Planning Department.

For its operation, Colombia Compra Eficiencia records the information of the contracting processes by operating the Electronic System for Public Procurement -SECOP-, which is made up of three platforms: SECOP I, SECOP II and the Virtual Store. In SECOP I, state entities must publish the documents of the process, from the planning of the contract to its liquidation (Colombia Compra Eficiencia, 2017); While in SECOP II, transactions can be made from the accounts of state entities and providers, upon registration, from which state entities create, evaluate and award the contracting, providers can make observations on the process documents, submit offers and follow the selection process online, this platform allows the publicity of the processes carried out by public entities and allows users, through accounts created, to carry out contracts through all modalities, except those that are carried out through the virtual store, generating the contractual processes electronically from their pre-contractual stage to the post-contractual stage, that is, the processes according to the different modalities are carried out electronically until settlement (Colombia Compra Eficiencia, 2018) ; The virtual store, for its part, "is the platform that allows purchases through the instruments of demand aggregation and in large stores" (Colombia Compra Eficiencia, 2019). Of this Electronic System for Public Procurement, this article is limited to SECOP II.